LEGISLATIVE PROPOSAL FOR CHANGE IN NSAA RULES AND REGULATIONS
Title:

New Bylaw 1.5.3.9 - Law Compliance

Author:Dr. Jon Cerny, NSAA Board of Director
School:Bancroft-Rosalie
NSAA District:3
 
Proposal for:Constitution & Bylaws
 
Classes Affected:All
Activities Affected:All
This proposal:WILL NOT increase costs to the school
WILL NOT increase costs to the NSAA
WILL NOT increase travel for participating schools
WILL NOT decrease a student's or coach's instruction time
Implementation date:2024-06-01
Sections affected in Constitution & Bylaws:Page
6
Article
1
Section
5
Summary:NEW Bylaw - 1.5.3.9 Amendments Made by Board of Directors.

The Board of Directors may amend the Constitution and Bylaws of the NSAA outside of the Legislative Procedure and Authority process contained in Paragraph 1.5 by action taken at a regular or special meeting of the Board of Directors, when those changes are required by law. Any amendment made by the Board of Directors will take effect immediately upon its passage or at such time as designated by the Board of Directors, and the Executive Director will notify all member schools of the amendment and will update the official copy of the Constitution and Bylaws of the NSAA to reflect the action of the Board of Directors.
Rationale:During the last state legislative session, an amendment to Nebraska State Statute 79-2,136 was passed, which made several NSAA home school bylaws non-compliant with state law.

This proposal would add a new bylaw allowing for timely action to bring NSAA bylaws incompliance with newly passed law(s) in the future rather than forcing such a change to go through the NSAA Legislative Process, where implementation ensuring compliance with the law could be delayed by as many as 14 months.
Pros:Passing this proposal would provide the association with the ability to quickly adapt the NSAA Constitution and bylaws to become compliant with changes in the law.
Cons:Changes could be made to the Constitution and Bylaws outside of the NSAA Legislative Process, in which every member school has a vote.