§302A-1124  Mandate to initiate schoolcommunity councils.  (a)  The department, through the board and itssuperintendent, shall establish a schoolcommunity council system under which each public school, excluding charterschools, shall create and maintain a school community council.  Each schoolcommunity council shall:

(1)  Review and evaluate the school's academic planand financial plan, and either recommend revisions of the plans to theprincipal, or recommend the plans for approval by the complex areasuperintendent;

(2)  Ensurethat the school's academic and financial plans are consistent with theeducational accountability system under section 302A-1004;

(3)  Participate in principal selection andevaluation, and transmit any such evaluations to the complex areasuperintendent; and

(4)  Provide collaborative opportunities for input andconsultation.

(b)  Schoolcommunity councils shall be exempt from the requirements of chapters 91 and92.  The school community councils shall:

(1)  Makeavailable the notices and agendas of public meetings:

(A)  At apublicly accessible area in the school's administrative office so as to beavailable for review during regular business hours; and

(B)  On theschool's internet web site,

not less thansix calendar days prior to the public meeting, unless a waiver is granted bythe superintendent in the case of an emergency; and

(2)  Makeavailable the minutes from public meetings on a timely basis in:

(A)  Theschool's administrative office so as to be available for review during regularbusiness hours; and

(B)  On theschool's internet web site.

(c)  Complex area superintendents may requirerevisions to a school's academic and financial plans if the plans are inviolation of law or conflict with statewide educational policies and standards,or are otherwise in the best interests of the school.

(d)  The superintendent of education mayrecommend to the board of education dissolution of a school community counciland establish an interim school community council if the school communitycouncil engages in any act or omission that would constitute gross negligence,wilful and wanton misconduct, or intentional misconduct.  The superintendentmay recommend to the board the removal of any member of a school community council. The superintendent shall appoint or facilitate the creation of an interimschool community council at any school that has not established a council orhas had its council dissolved.  In appointing or facilitating the creation ofan interim school community council at any school that has had its councildissolved, the superintendent may appoint individuals who were previouslymembers of the council.

(e)  Unless otherwise specified, each schoolcommunity council shall establish policies governing the council's composition,election, staggered terms of office for members, operation, and vacancies;provided that:

(1)  The number of school personnel [on] any schoolcommunity council shall be equal to the number of primary stakeholders on theschool community council;

(2)  At the elementary and middle school levels, eachschool community council shall be composed of the principal and at least onemember representing each of the following groups:

(A)  Parents elected by ballots distributedamong and collected from the parents of the school’s students;

(B)  Teachers elected by ballots distributedamong and collected from teachers of the school;

(C)  Noncertificated school personnel electedby ballots distributed among and collected from noncertificated personnel ofthe school;

(D)  Community representatives elected byballots distributed among and collected from parents of the school's students;and

(E)  Student representatives selected by thestudent council of the school; and

(3)  At the high school level, each school communitycouncil shall be composed of the principal and at least one member representingeach of the following groups:

(A)  Parents elected by ballots distributedamong and collected from parents of the school’s students;

(B)  Teachers elected by ballots distributedamong and collected from teachers of the school;

(C)  Noncertificated school personnel electedby ballots distributed among and collected from noncertificated personnel ofthe school;

(D)  Community representatives elected by ballotsdistributed among and collected from the parents of the school's students; and

(E)  Student representatives selected by thestudent council of the school.

For the purposes of this subsection,"primary stakeholders" means students, parents, and communitymembers.

(f)  School community councils shall electofficers, including:

(1)  A chairperson;

(2)  A vice-chairperson;

(3)  A secretary; and

(4)  Other officers as needed to perform stated dutiesin support of the work of the council.

(g)  The principal shall have the authority toset aside any decision made by the school community council if the principaldetermines it to be in the best interests of the school; provided that theprincipal notifies the school community council.  If the school communitycouncil opposes a decision of the principal, an appeal shall first be broughtto the complex area superintendent for resolution and, if necessary, to thesuperintendent and, finally, to the board of education.

(h)  Complex area superintendents shall assistthe school community councils and principals within their respective complexareas in:

(1)  Obtaining the support and services of thedepartment; and

(2)  Ensuring the progress and success of the school'sacademic and financial plan. [L 1996, c 89, pt of §2; am L 2004, c 51, §25 andc 221, §11; am L 2005, c 174, §1; am L 2006, c 298, §11]