POWER OF THE BOARD OF EDUCATION


Section 3.  The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system. [Am HB 421 (1964) and election Nov 3, 1964; ren and am Const Con 1978 and election Nov 7, 1978; am L 1994, c 272, §15 (HB 3657-94) and election Nov 8, 1994]


Cross References


  Statutory provisions, see §26-12 and chapter 296.


Attorney General Opinions


  Board has authority to formulate policy, so long as policy does not contravene any legislative act; board may set school lunch prices and parking rates.  Att. Gen. Op. 73-14.

  Superintendent cannot be hired for period beyond term of office of members who hire him.  Att. Gen. Op. 75-20.


Case Notes


  Board has broad discretionary powers and did not require specific legislative authorization to establish sex education program.  52 H. 436, 478 P.2d 314.

  Formulation of policy and control over schools rest with board.  59 H. 388, 583 P.2d 313.

  Budget expenditures of the department of education, discussed.  70 H. 253, 768 P.2d 1279.

  Act proposing alternative constitutional amendments concerning changes in school governance directed amendment to state constitution in violation of Article XVII, §3.  73 H. 536, 836 P.2d 1066.










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