15-342. Discretionary powers
(L10, Ch. 117, sec. 6. Eff. 7/1/13)
The governing board may:
1. Expel pupils for misconduct.
2. Exclude from grades one through eight children under six years of age.
3. Make such separation of groups of pupils as it deems advisable.
4. Maintain such special schools during vacation as deemed necessary for the
benefit of the pupils of the school district.
5. Permit a superintendent or principal or representatives of the superintendent or
principal to travel for a school purpose, as determined by a majority vote of the
board. The board may permit members and members-elect of the board to travel within or
without the school district for a school purpose and receive reimbursement. Any
expenditure for travel and subsistence pursuant to this paragraph shall be as provided in
title 38, chapter 4, article 2. The designated post of duty referred to in section 38-621
shall be construed, for school district governing board members, to be the member's
actual place of residence, as opposed to the school district office or the school
district boundaries. Such expenditures shall be a charge against the budgeted school
district funds. The governing board of a school district shall prescribe procedures and
amounts for reimbursement of lodging and subsistence expenses. Reimbursement amounts
shall not exceed the maximum amounts established pursuant to section 38-624, subsection
C.
6. Construct or provide in rural districts housing facilities for teachers and
other school employees which the board determines are necessary for the operation of the
school.
7. Sell or lease to the state, a county, a city or a tribal government agency any
school property required for a public purpose, provided the sale or lease of the property
will not affect the normal operations of a school within the school district.
8. Annually budget and expend funds for membership in an association of school
districts within this state.
9. Enter into leases or lease-purchase agreements for school buildings or grounds,
or both, as lessor or as lessee, for periods of less than five years subject to voter
approval for construction of school buildings as prescribed in section 15-341, subsection
A, paragraph 7.
10. Subject to chapter 16 of this title, sell school sites or enter into leases or
lease-purchase agreements for school buildings and grounds, as lessor or as lessee, for a
period of five years or more, but not to exceed ninety-nine years, if authorized by a
vote of the school district electors in an election called by the governing board as
provided in section 15-491, except that authorization by the school district electors in
an election is not required if one of the following requirements is met:
(a) The market value of the school property is less than fifty thousand dollars.
(b) The buildings and sites are completely funded with monies distributed by the
school facilities board.
(c) The transaction involves the sale of improved or unimproved property pursuant
to an agreement with the school facilities board in which the school district agrees to
sell the improved or unimproved property and transfer the proceeds of the sale to the
school facilities board in exchange for monies from the school facilities board for the
acquisition of a more suitable school site. For a sale of property acquired by a school
district prior to July 9, 1998, a school district shall transfer to the school facilities
board that portion of the proceeds that equals the cost of the acquisition of a more
suitable school site. If there are any remaining proceeds after the transfer of monies to
the school facilities board, a school district shall only use those remaining proceeds
for future land purchases approved by the school facilities board, or for capital
improvements not funded by the school facilities board for any existing or future
facility.
(d) The transaction involves the sale of improved or unimproved property pursuant
to a formally adopted plan and the school district uses the proceeds of this sale to
purchase other property that will be used for similar purposes as the property that was
originally sold, provided that the sale proceeds of the improved or unimproved property
are used within two years after the date of the original sale to purchase the replacement
property. If the sale proceeds of the improved or unimproved property are not used within
two years after the date of the original sale to purchase replacement property, the sale
proceeds shall be used towards payment of any outstanding bonded indebtedness. If any
sale proceeds remain after paying for outstanding bonded indebtedness, or if the district
has no outstanding bonded indebtedness, sale proceeds shall be used to reduce the
district's primary tax levy. A school district shall not use this subdivision unless all
of the following conditions exist:
(i) The school district is the sole owner of the improved or unimproved property
that the school district intends to sell.
(ii) The school district did not purchase the improved or unimproved property that
the school district intends to sell with monies that were distributed pursuant to chapter
16 of this title.
(iii) The transaction does not violate section 15-341, subsection G.
11. Review the decision of a teacher to promote a pupil to a grade or retain a pupil
in a grade in a common school or to pass or fail a pupil in a course in high school. The
pupil has the burden of proof to overturn the decision of a teacher to promote, retain,
pass or fail the pupil. In order to sustain the burden of proof, the pupil shall
demonstrate to the governing board that the pupil has mastered the academic standards
adopted by the state board of education pursuant to sections 15-701 and 15-701.01. If
the governing board overturns the decision of a teacher pursuant to this paragraph, the
governing board shall adopt a written finding that the pupil has mastered the academic
standards. Notwithstanding title 38, chapter 3, article 3.1, the governing board shall
review the decision of a teacher to promote a pupil to a grade or retain a pupil in a
grade in a common school or to pass or fail a pupil in a course in high school in
executive session unless a parent or legal guardian of the pupil or the pupil, if
emancipated, disagrees that the review should be conducted in executive session and then
the review shall be conducted in an open meeting. If the review is conducted in executive
session, the board shall notify the teacher of the date, time and place of the review and
shall allow the teacher to be present at the review. If the teacher is not present at the
review, the board shall consult with the teacher before making its decision. Any request,
including the written request as provided in section 15-341, the written evidence
presented at the review and the written record of the review, including the decision of
the governing board to accept or reject the teacher's decision, shall be retained by the
governing board as part of its permanent records.
12. Provide transportation or site transportation loading and unloading areas for
any child or children if deemed for the best interest of the district, whether within or
without the district, county or state.
13. Enter into intergovernmental agreements and contracts with school districts or
other governing bodies as provided in section 11-952. Intergovernmental
agreements and contracts between school districts or between a school district and other
governing bodies as provided in section 11-952 are exempt from competitive bidding under
the procurement rules adopted by the state board of education pursuant to section 15-213.
14. Include in the curricula which it prescribes for high schools in the school
district career and technical education, vocational education and technology education
programs and career and technical, vocational and technology program improvement services
for the high schools, subject to approval by the state board of education. The governing
board may contract for the provision of career and technical, vocational and technology
education as provided in section 15-789.
15. Suspend a teacher or administrator from the teacher's or administrator's duties
without pay for a period of time of not to exceed ten school days, if the board
determines that suspension is warranted pursuant to section 15-341, subsection A,
paragraphs 21 and 22.
16. Dedicate school property within an incorporated city or town to such city or
town or within a county to that county for use as a public right-of-way if both of the
following apply:
(a) Pursuant to an ordinance adopted by such city, town or county, there will be
conferred upon the school district privileges and benefits which may include benefits
related to zoning.
(b) The dedication will not affect the normal operation of any school within the
district.
17. Enter into option agreements for the purchase of school sites.
18. Donate surplus or outdated learning materials to nonprofit community
organizations where the governing board determines that the anticipated cost of selling
the learning materials equals or exceeds the estimated market value of the materials.
19. Prescribe policies for the assessment of reasonable fees for students to use
district-provided parking facilities. The fees are to be applied by the district solely
against costs incurred in operating or securing the parking facilities. Any policy
adopted by the governing board pursuant to this paragraph shall include a fee waiver
provision in appropriate cases of need or economic hardship.
20. Establish alternative educational programs that are consistent with the laws of
this state to educate pupils, including pupils who have been reassigned pursuant to
section 15-841, subsection E or F.
21. Require a period of silence to be observed at the commencement of the first
class of the day in the schools. If a governing board chooses to require a period of
silence to be observed, the teacher in charge of the room in which the first class is
held shall announce that a period of silence not to exceed one minute in duration will be
observed for meditation, and during that time no activities shall take place and silence
shall be maintained.
22. Require students to wear uniforms.
23. Exchange unimproved property or improved property, including school sites, where
the governing board determines that the improved property is unnecessary for the
continued operation of the school district without requesting authorization by a vote of
the school district electors if the governing board determines that the exchange is
necessary to protect the health, safety or welfare of pupils or when the governing board
determines that the exchange is based on sound business principles for either:
(a) Unimproved or improved property of equal or greater value.
(b) Unimproved property that the owner contracts to improve if the value of the
property ultimately received by the school district is of equal or greater value.
24. For common and high school pupils, assess reasonable fees for optional
extracurricular activities and programs conducted when the common or high school is not
in session, except that no fees shall be charged for pupils' access to or use of
computers or related materials. For high school pupils, the governing board may assess
reasonable fees for fine arts and vocational education courses and for optional services,
equipment and materials offered to the pupils beyond those required to successfully
complete the basic requirements of any other course, except that no fees shall be charged
for pupils' access to or use of computers or related materials. Fees assessed pursuant to
this paragraph shall be adopted at a public meeting after notice has been given to all
parents of pupils enrolled at schools in the district and shall not exceed the actual
costs of the activities, programs, services, equipment or materials. The governing board
shall authorize principals to waive the assessment of all or part of a fee assessed
pursuant to this paragraph if it creates an economic hardship for a pupil. For the
purposes of this paragraph, "extracurricular activity" means any optional, noncredit,
educational or recreational activity which supplements the education program of the
school, whether offered before, during or after regular school hours.
25. Notwithstanding section 15-341, subsection A, paragraphs 7 and 9, construct
school buildings and purchase or lease school sites, without a vote of the school
district electors, if the buildings and sites are totally funded from one or more of the
following:
(a) Monies in the unrestricted capital outlay fund, except that the estimated cost
shall not exceed two hundred fifty thousand dollars for a district that utilizes section
15-949.
(b) Monies distributed from the school facilities board established by section
15-2001.
(c) Monies specifically donated for the purpose of constructing school buildings.
Nothing in this paragraph shall be construed to eliminate the requirement for an election
to raise revenues for a capital outlay override pursuant to section 15-481 or a bond
election pursuant to section 15-491.
26. Conduct a background investigation that includes a fingerprint check conducted
pursuant to section 41-1750, subsection G for certificated personnel and personnel who
are not paid employees of the school district, as a condition of employment. A school
district may release the results of a background check to another school district for
employment purposes. The school district may charge the costs of fingerprint checks to
its fingerprinted employee, except that the school district may not charge the costs of
fingerprint checks for personnel who are not paid employees of the school district.
27. Sell advertising space on the exterior of school buses and on athletic
facilities as follows:
(a) Advertisements shall be age appropriate and not contain promotion of any
substance that is illegal for minors such as alcohol, tobacco and drugs or gambling.
Advertisements shall comply with the state sex education policy of abstinence.
(b) Advertising approved by the governing board may appear only on the sides of the
bus in the following areas:
(i) The signs shall be below the seat level rub rail and not extend above the
bottom of the side windows.
(ii) The signs shall be at least three inches from any required lettering, lamp,
wheel well or reflector behind the service door or stop signal arm.
(iii) The signs shall not extend from the body of the bus so as to allow a handhold
or present a danger to pedestrians.
(iv) The signs shall not interfere with the operation of any door or window.
(v) The signs shall not be placed on any emergency doors.
(c) The school district shall establish an advertisement fund that is composed of
revenues from the sale of advertising space on school buses and athletic facilities. The
monies in an advertisement fund are not subject to reversion.
28. Assess reasonable damage deposits to pupils in grades seven through twelve for
the use of textbooks, musical instruments, band uniforms or other equipment required for
academic courses. The governing board shall adopt policies on any damage deposits
assessed pursuant to this paragraph at a public meeting called for this purpose after
providing notice to all parents of pupils in grades seven through twelve in the school
district. Principals of individual schools within the district may waive the damage
deposit requirement for any textbook or other item if the payment of the damage deposit
would create an economic hardship for the pupil. The school district shall return the
full amount of the damage deposit for any textbook or other item if the pupil returns the
textbook or other item in reasonably good condition within the time period prescribed by
the governing board. For the purposes of this paragraph, "in reasonably good condition"
means the textbook or other item is in the same or a similar condition as it was when the
pupil received it, plus ordinary wear and tear.
29. Notwithstanding section 15-1105, expend surplus monies in the civic center
school fund for maintenance and operations or unrestricted capital outlay, if sufficient
monies are available in the fund after meeting the needs of programs established pursuant
to section 15-1105.
30. Notwithstanding section 15-1143, expend surplus monies in the community school
program fund for maintenance and operations or unrestricted capital outlay, if sufficient
monies are available in the fund after meeting the needs of programs established pursuant
to section 15-1142.
31. Adopt guidelines for standardization of the format of the school report cards
required by section 15-746 for schools within the district.
32. Adopt policies that require parental notification when a law enforcement officer
interviews a pupil on school grounds. Policies adopted pursuant to this paragraph shall
not impede a peace officer from the performance of the peace officer's duties. If the
school district governing board adopts a policy that requires parental notification:
(a) The policy may provide reasonable exceptions to the parental notification
requirement.
(b) The policy shall set forth whether and under what circumstances a parent may be
present when a law enforcement officer interviews the pupil, including reasonable
exceptions to the circumstances under which a parent may be present when a law
enforcement officer interviews the pupil, and shall specify a reasonable maximum time
after a parent is notified that an interview of a pupil by a law enforcement officer may
be delayed to allow the parent to be present.
33. Enter into voluntary partnerships with any party to finance with funds other
than school district funds and cooperatively design school facilities that comply with
the adequacy standards prescribed in section 15-2011 and the square footage per pupil
requirements pursuant to section 15-2041, subsection D, paragraph 3, subdivision (b).
The design plans and location of any such school facility shall be submitted to the
school facilities board for approval pursuant to section 15-2041, subsection 0. If the
school facilities board approves the design plans and location of any such school
facility, the party in partnership with the school district may cause to be constructed
and the district may begin operating the school facility before monies are distributed
from the school facilities board pursuant to section 15-2041. Monies distributed from
the new school facilities fund to a school district in a partnership with another party
to finance and design the school facility shall be paid to the school district pursuant
to section 15-2041. The school district shall reimburse the party in partnership with the
school district from the monies paid to the school district pursuant to section 15-2041,
in accordance with the voluntary partnership agreement. Before the school facilities
board distributes any monies pursuant to this subsection, the school district shall
demonstrate to the school facilities board that the facilities to be funded pursuant to
section 15-2041, subsection O meet the minimum adequacy standards prescribed in section
15-2011. If the cost to construct the school facility exceeds the amount that the school
district receives from the new school facilities fund, the partnership agreement between
the school district and the other party shall specify that, except as otherwise provided
by the other party, any such excess costs shall be the responsibility of the school
district. The school district governing board shall adopt a resolution in a public
meeting that an analysis has been conducted on the prospective effects of the decision to
operate a new school with existing monies from the school district's maintenance and
operations budget and how this decision may affect other schools in the school
district. If a school district acquires land by donation at an appropriate school site
approved by the school facilities board and a school facility is financed and built on
the land pursuant to this paragraph, the school facilities board shall distribute an
amount equal to twenty per cent of the fair market value of the land that can be used for
academic purposes. The school district shall place the monies in the unrestricted
capital outlay fund and increase the unrestricted capital budget limit by the amount of
the monies placed in the fund. Monies distributed under this paragraph shall be
distributed from the new school facilities fund pursuant to section 15-2041. If a school
district acquires land by donation at an appropriate school site approved by the school
facilities board and a school facility is financed and built on the land pursuant to this
paragraph, the school district shall not receive monies from the school facilities board
for the donation of real property pursuant to section 15-2041, subsection F. It is
unlawful for:
(a) A county, city or town to require as a condition of any land use approval that
a landowner or landowners that entered into a partnership pursuant to this paragraph
provide any contribution, donation or gift, other than a site donation, to a school
district. This subdivision only applies to the property in the voluntary partnership
agreement pursuant to this paragraph.
(b) A county, city or town to require as a condition of any land use approval that
the landowner or landowners located within the geographic boundaries of the school
subject to the voluntary partnership pursuant to this paragraph provide any donation or
gift to the school district except as provided in the voluntary partnership agreement
pursuant to this paragraph.
(c) A community facilities district established pursuant to title 48, chapter 4,
article 6 to be used for reimbursement of financing the construction of a school pursuant
to this paragraph.
(d) A school district to enter into an agreement pursuant to this paragraph with
any party other than a master planned community party. Any land area consisting of at
least three hundred twenty acres that is the subject of a development agreement with a
county, city or town entered into pursuant to section 9-500.05 or 11-1101 shall be deemed
to be a master planned community. For the purposes of this subdivision, "master planned
community" means a land area consisting of at least three hundred twenty acres, which may
be noncontiguous, that is the subject of a zoning ordinance approved by the governing
body of the county, city or town in which the land is located that establishes the use of
the land area as a planned area development or district, planned community development or
district, planned unit development or district or other land use category or district
that is recognized in the local ordinance of such county, city or town and that specifies
the use of such land is for a master planned development.
34. Sell advertising on the school district website or any website maintained by a
school in the school district as follows:
(a) Advertisements shall be age appropriate and not contain promotion of any
substance that is illegal for minors, such as alcohol, tobacco and drugs, or gambling.
Advertisements shall comply with the state sex education policy of abstinence. The
governing board has discretion to decline specific advertisements.
(b) The school district shall establish a website advertisement fund that is
composed of revenues from the sale of advertising on the school district website or any
website maintained by a school in the school district. The monies in a website
advertisement fund are not subject to reversion and shall be used for any pupil related
costs as determined by the governing board.
35. Enter into an intergovernmental agreement with a presiding judge of the
juvenile court to implement a law related education program as defined in section 15-154.
The presiding judge of the juvenile court may assign juvenile probation officers to
participate in a law related education program in any school district in the county. The
cost of juvenile probation officers who participate in the program implemented pursuant
to this paragraph shall be funded by the school district.
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