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



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



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



(3)  Participate in principal selection and
evaluation, and transmit any such evaluations to the complex area
superintendent; and



(4)  Provide collaborative opportunities for input and
consultation.



(b)  School
community councils shall be exempt from the requirements of chapters 91 and
92.  The school community councils shall:



(1)  Make
available the notices and agendas of public meetings:



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



(B)  On the
school's internet web site,



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



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



(A)  The
school's administrative office so as to be available for review during regular
business hours; and



(B)  On the
school's internet web site.



(c)  Complex area superintendents may require
revisions to a school's academic and financial plans if the plans are in
violation 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 may
recommend to the board of education dissolution of a school community council
and establish an interim school community council if the school community
council engages in any act or omission that would constitute gross negligence,
wilful and wanton misconduct, or intentional misconduct.  The superintendent
may recommend to the board the removal of any member of a school community council. 
The superintendent shall appoint or facilitate the creation of an interim
school community council at any school that has not established a council or
has had its council dissolved.  In appointing or facilitating the creation of
an interim school community council at any school that has had its council
dissolved, the superintendent may appoint individuals who were previously
members of the council.



(e)  Unless otherwise specified, each school
community 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 school
community council shall be equal to the number of primary stakeholders on the
school community council;



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



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



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



(C)  Noncertificated school personnel elected
by ballots distributed among and collected from noncertificated personnel of
the school;



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



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



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



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



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



(C)  Noncertificated school personnel elected
by ballots distributed among and collected from noncertificated personnel of
the school;



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



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



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



(f)  School community councils shall elect
officers, including:



(1)  A chairperson;



(2)  A vice-chairperson;



(3)  A secretary; and



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



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



(h)  Complex area superintendents shall assist
the school community councils and principals within their respective complex
areas in:



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



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