All administrative functions are the responsibility of the Commissioner who may delegate certain functions to members of the state staff. The Commissioner, or his or her designee, is responsible for faithfully executing the policies and directives of the State Board or seeing that they are executed by the staff.
When any law or regulation specifies that something is to be done by the State Board, the State Board may not delegate that to the Commissioner alone. Example: 79-760.06(3) R.R.S. states that “the state board shall designate priority schools…” The State Board itself is to do that (with the advice of the Commissioner).
When any law or regulation provides something is to be done “by the Department,” the Board may delegate that authority to the Commissioner, such as through a regulation. Example: 79-1065 R.R.S. states that “the State Department of Education shall adjust [state aid] payments provided under Chapter 79…” By regulation (NDE Rule 8), the State Board delegated that function to “the Commissioner or his her designee(s).”
Right to Overrule Decisions
The State Board reserves the right to overrule the decisions of the Commissioner.
State Government Relations
The Commissioner of Education shall keep the State Board of Education informed of all relevant pending legislation in the State Legislature.