Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
School board authority in Nebraska

Education Policy | |
---|---|
![]() | |
Education policy topics | |
• Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
| |
Other policy areas | |
Click here for coverage of other policy areas on Ballotpedia |
Nebraska state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Nebraska law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Nebraska law on school boards' authority over district policy. This section features the statutes in Nebraska law that establish, enable, or define local school district boards.
- Constraints on Nebraska school boards' authority. This section provides an overview of constraints on the school boards' authority in Nebraska. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Nebraska compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Nebraska.
School board authority over district policy in Nebraska
Enabling or authorizing statute for the boards of school districts in Nebraska
- See also: Enabling statute
Nebraska Statute § 79-101 creates school district boards and gives them authority to govern the schools in their district according to state law:[1]
|
Nebraska school boards' powers and duties
Nebraska public school boards of directors are given broad authority to administer the public schools in Nebraska. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:[3]
- the care and custody of school district properties
- the hiring of teachers and school personnel
The powers and duties all school district boards are charged with appear in Nebraska Statutes Chapter 79 and include the following duties, among others:[4]
|
Powers and duties specific to Class III and IV school boards— which oversee school districts with elementary, middle, and high schools all under a single board— are as follows:[5]
|
Discretionary duties
In addition to the powers and duties of school boards listed in state statute, Nebraska school boards are given discretionary duties listed throughout Nebraska Statutes Chapter 79. For example, NE Code § 79-261 includes the following discretionary duties:[6]
|
Constraints on Nebraska school boards' authority
This section tracks constraints on school boards specific to Nebraska as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Nebraska school boards' authority by topic
This section features constraints on Nebraska school boards' authority on policies related to the following topics:
Curriculum requirements
Nebraska Statutes Chapter 79, Article 7 requires the following specific topics to be included in each district's curriculum, among others:[7]
- multicultural education, as defined by the law;
- character education; and
- dating violence education.[8]
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by Nebraska statutes, regulations, case law, or collective bargaining agreements.
Book bans, removals, and restrictions
Nebraska school boards have the authority to remove books from school libraries.[10] State law requires that school boards have a catalogue of books in school libraries available for review to parents, guardians, or educational decisionmakers.[11]
The Nebraska State Board of Education struck down a statewide regulation to ban what the rule called sexually explicit material, with opponents of the regulation arguing that local districts needed to retain the authority to select and remove books in their districts.[12]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[13][14][15]
Parental notification
Nebraska law requires school districts to adopt truancy policies that include parental notification. The policies must include the following provisions:[17]
- Schools must notify a parent if their student has accrued what the statute calls excessive absences.
- Schools must notify a parent if the school plans to report what the law defines as excessive truancy to the county attorney.
- Schools must notify a parent if their student is suspended or expelled.
- Schools must have a system in place for parents or guardians to be notified regarding books their student checks out from a school library.[18]
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[19]
Discipline
Nebraska is one of 47 states that gives school boards authority over district disciplinary policy.
The text of the Nebraska Student Discipline Act is as follows:[20]
|
School board elections
- See also: Rules governing school board election dates and timing in Nebraska, How does Nebraska compare to other states on school board authority over election timing?
Nebraska is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Nebraska.
Public school choice and open enrollment
- See also: School choice in Nebraska
School boards in Nebraska have the authority to permit students who do not live in their district to attend their schools and are required to admit students in certain circumstances, including in the case of a military dependent. Every K-12 student in Nebraska is granted the option to attend a school not in their district, subject to some limitations:[22][23]
|
Charter schools
- See also: Charter schools in Nebraska, How does Nebraska compare to other states on school board authority over charter schools?
Nebraska is one of three states for which Ballotpedia could not identify legislation regarding the authorization of public charter schools.
Cellphone bans
Nebraska is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.
Nebraska Governor Jim Pillen (R) signed Legislative Bill 140 on May 21, 2025, which requires school boards to adopt policies limiting cellphone use in K-12 classrooms.[24]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[25][26]
Nebraska school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, in the CBA between the Omaha Education Association and the Douglas County School District Board, though school boards are tasked with the hiring and supervision of school personnel, teachers' jobs are protected under their CBA with regards to their political behavior.[27]
|
Parents' Bill of Rights
Nebraska is one of 24 states that does not have a statewide Parents' Bill of Rights.
However, state law requires local districts to develop policies stating what a parent's rights are regarding access to the schools, testing information, and curriculum matters:[28]
|
How does Nebraska compare to other states?
This section compares Nebraska's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-three (23) states have no laws regulating the curation of school library books. Twenty-seven (27) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Eleven states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Nine states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[29]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Nebraska requires parental notification for library book check-out (2025): Nebraska Governor Jim Pillen (R) signed Legislative Bill 390 on April 14, 2025, to require schools to provide a catalogue of school library books for review by parents or guardians, and to establish a method for notifying parents about books their student checks out from a school library.[30]
- Nebraska requires school boards to limit cellphone use in K-12 classrooms (2025): Nebraska Governor Jim Pillen (R) signed Legislative Bill 140 on May 21, 2025, which requires school boards to adopt policies limiting cellphone use in K-12 classrooms.[31]
- Nebraska senator announces hearing date to study the use of CRT in public schools (2023): Nebraska State Senator Dave Murman (R), chair of the Nebraska Legislature’s Education Committee, announced that the committee would hear invited testimonies on July 31, 2023, from Nebraska Department of Education officials, educators, and parents. The hearing was scheduled after the passage of three interim study resolutions, which Murman introduced in May, through which the legislature resolved to study the usage of CRT, social and emotional learning, parental involvement, access to educational materials, and other related issues in public schools.[32]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
- Support our work
Footnotes
- ↑ Law.Justia.com, "79-101. Terms, defined," accessed January 8, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Nebraska Legislature, "79-501. School board; property; maintenance; hiring of superintendent, teachers, and personnel," accessed January 13, 2025
- ↑ Nebraska Legislature, "79-526. Class I, II, III, or IV school district; school board; schools; supervision and control; powers," accessed January 9, 2025
- ↑ Law.Justia.com, "NE Code § 79-526," accessed January 13, 2025
- ↑ Law.Justia.com, "NE Code § 79-261," accessed January 9, 2025
- ↑ CaseText.com, "Curriculum and Instruction Requirements," accessed January 9, 2025
- ↑ Law.Justia.com, "NE Code § 79-2,142," accessed January 9, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Nebraska Department of Education, "School Libraries," accessed January 13, 2025
- ↑ Nebraska Legislature, "LB390 - Require each school board to adopt a policy relating to access by a parent, guardian, or educational decisionmaker to certain school library information," accessed July 23, 2025
- ↑ Nebraska Public Media, "Board of Education votes 'no' on rule impacting content in school libraries," accessed January 13, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ National Center on Safe Supportive Learning Environments, "Nebraska School Discipline Laws & Regulations: Parental Notification," accessed January 13, 2025
- ↑ Nebraska Legislature, "LB390 - Require each school board to adopt a policy relating to access by a parent, guardian, or educational decisionmaker to certain school library information," accessed July 23, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Nebraska Department of Education, "Nebraska Student Discipline Act
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Law.Justia.com, "NE Code § 79-215," accessed January 13, 2024
- ↑ Law.Justia.com, "NE Code § 79-234," accessed January 13, 2024
- ↑ Nebraska Legislature, "LB140 - Require school policies relating to use of electronic communication devices by students," accessed May 27, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Omaha Public Schools, "Master Agreement Between the Omaho Education Association and Douglas County School District No. 0001," accessed January 13, 2025
- ↑ Law.Justia.com, "79-531. Parental involvement; public school district; adopt policy," accessed January 13, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Nebraska Legislature, "LB390 - Require each school board to adopt a policy relating to access by a parent, guardian, or educational decisionmaker to certain school library information," accessed July 23, 2025
- ↑ Nebraska Legislature, "LB140 - Require school policies relating to use of electronic communication devices by students," accessed May 27, 2025
- ↑ Omaha world Herald, "State senator calls for studies into critical race theory in K-12 schools," July 1, 2023