The purpose of the WNDLC is to foster a spirit of goodwill, cooperation, and shared educational resources among the member schools and communities who participate in the WNDLC by way of an authorized activity that might come within the jurisdiction of the WNDLC. The WNDLC recognizes that there is to be no discrimination on the basis of race, color, sex, national origin, religion, or disability in its activities.

It is recognized that the WNDLC is organized as a mutual assistance organization under the Interlocal Cooperation Act of Nebraska. To better serve individuals both by course offerings, in-service programs, etc., and by reducing the distances between entities via electronic communications technology, all participating entities agree to mutually and equally share carrier costs of appropriate technology as approved by the Governing Board. Such services may be provided by carriers under rates approved by agencies of competent jurisdiction, or at lower rates as negotiated by the Governing Board of the WNDLC and by the managing agent, Educational Service Unit #13. The WNDLC and ESU #13 is not responsible for the provision of audio and/or video line-haul equipment to be placed in service between member entities.

This agreement and these by-laws take effect when 2/3 of the following political subdivisions adopt a motion approving these by-laws: Alliance Public Schools, Banner County Public Schools, Bayard Public Schools, Bridgeport Public Schools, Chadron Public Schools, Creek Valley Public Schools, Crawford Public Schools, Garden County High School, Educational Service Unit #13, Gering Public Schools, Gordon/Rushville Public Schools, Hay Springs Public Schools, Hemingford Public Schools, Kimball Public Schools, Leyton Public Schools, Minatare Public Schools, Mitchell Public Schools, Morrill Public Schools, Potter-Dix Public Schools, and Sioux County High School; all being bodies politic and corporate, referred to collectively as the “Western Nebraska Distance Learning Consortium.”

Article III Membership and Organization

1. Western Nebraska Distance Learning Consortium (WNDLC) will be composed initially of 12 educational entities, listed as follows: Bridgeport Public Schools, Chadron Public Schools, Crawford Public Schools, Educational Service Unit #13, Gering Public Schools, Gordon Public Schools, Hay Springs Public Schools, Hemingford Public Schools, Mitchell Public Schools, Morrill Public Schools, Rushville Public Schools, and Sioux County High School.

2. New member entities may be added by a 2/3 affirmative vote by all member entities: all members must vote by roll call. Ballots will be collected by the WNDLC President. A new member will be accepted as soon as the WNDLC President has received affirmative votes from 2/3 of the members.

An individual member entity may be dropped from the WNDLC when 2/3 of all the member entities votes by the forgoing process to do so.

The WNDLC shall be dissolved when 2/3 of the member entities vote to dissolve it, provided however, that each member entity had prior written notice that dissolution of the WNDLC was to be considered at the meeting at which the vote was to be taken. Upon dissolution, title to all property of the WNDLC shall pass to the school district or other member entity having possession and use of the property immediately prior to the dissolution.

3. If a member entity chooses to withdraw from the WNDLC for the following school year said entity must notify all member schools in writing by December 1. Any withdrawing entity is to return all equipment acquired with WNDLC funds, to the WNDLC at no cost to the WNDLC.

4. If a non-member entity wishes to join the WNDLC, they must make a written request by letter to the WNDLC President, be willing to acquire the proper equipment, meet all the WNDLC technical and rule requirements, pass the WNDLC Interlocal Agreement, and pay a membership fee of $2,500. The request for admission will become an agenda item for discussion at the next WNDLC governing board meeting. This membership application process applies to any K-12 district or post-secondary institution. If application is approved by WNDLC governing board, the applicant becomes a full voting member of WNDLC.

5. Application must be received on or before December 1 if membership is requested for the following academic year. An academic and fiscal year begins September 1 of each year and ends August 31 of the following year.

6. In order that WNDLC member entities remain in good standing, they must be active participants in WNDLC activities. Effective 2001, failure to participate in a prescribed number of activities (2/3), on an annual basis, will place the entity on probation. Should the participation fail to reach the prescribed number in the following year, the WNDLC will consider the entity to be withdrawn from the WNDLC. The President will notify the entity of its withdrawal by July 1 of the second year of its too limited participation. All WNDLC purchased equipment will be returned to the WNDLC.

During the initial grant period, title to all WNDLC purchased equipment will remain with the WNDLC and its managing agent ESU #13.

Activities are:

* Articulate (accommodate) class schedules with WNDLC 1 (Required)

Deliver appropriate offerings on the Lines 1

Accept appropriate offerings on the Lines 1

Participate in curriculum planning 1

* Keep local equipment maintained/operating 1 (Required)

* Pay all dues and assessments 1 (Required)

Article IV Governing Board, Officers and Governance

The Western Nebraska Distance Learning Consortium Governing Board will be established according to Section 3, Part A, Page 2, of the Interlocal Agreement adopted by all members of WNDLC. This section addresses the responsibilities for the members of the governing board, meeting times, and overall governance of the WNDLC.

The board shall consist of six members. The officers of the Governing Board shall be the president and vice-president. These officers and at-large members will be elected at the spring meeting of the Governing Board and serve a one-year term. The WNDLC Governing Board will appoint the secretary. The treasurer will be the managing agent, Educational Service Unit #13. The board will consist of the President and Vice President plus three at-large members, one from the Southern schools, one from the Northern schools, and one from the Central schools. The ESU's will also have a representative on the Governing Board.

Article V Duties of Officers

Duties of the President

1. The President, with the assistance of the WNDLC Coordinator, shall preside at all regular and special meetings, shall call regular meetings in accord with the by-laws and special meetings when requested. Meetings of the Governing Board will be on a semester basis.

2. Shall cause to have printed and distribute as appropriate, schedules of WNDLC offerings.

3. Shall notify all member schools at least one week in advance of all meetings and supply a proposed agenda.

Duties of the Vice-President

1. Shall preside at the meetings in the absence of the President.

Duties of the Secretary

1. To perform such other duties as may be assigned.

2. Record the minutes of all regular and special meetings and to maintain a record.

3. Shall keep all WNDLC documents current and on file.

Article VI Finances

Educational Service Unit #13 as the managing agent shall control the finances of the WNDLC.

1. In addition to funds which the Consortium may receive from grants or any other sources, to annually fund its budget, if necessary, during the term of this Agreement, each Member agrees to provide or pay to the Consortium an annual amount which shall be determined by the Consortium Governing Board and approved by a majority vote of the Full Consortium Governing Board. The Governing Board shall determine the number of installments in which such assessments shall be paid, and shall cause each member to be billed accordingly.

2. The Governing Board of the WNDLC will work with the WNDLC fiscal agent (ESU #13) to provide for an appropriate audit of the WNDLC Treasurers’ books annually.

3. All bills will be paid by the managing agent, ESU #13.

Article VII Voting and Quorum

Each member entity shall have the right to cast one vote. Business transacted and decisions made shall not be valid unless passed with the majority vote in a meeting wherein a majority of the member entities are present, either in person, electronically or by distance learning system. Voting shall be done by roll call vote.

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the WNDLC Governing Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Governing Board may adopt.

Article VIII Amendments

In order to change or adopt an amendment to the by-laws, the amendment must be presented and read at a regular or special meeting. It will then be placed before the entity members for a vote. An amendment to the by-laws must be adopted by a 2/3 affirmative vote of all member entities.

Article IX WNDLC Executive Board

The Western Nebraska Distance Learning Consortium shall establish an Executive Board which shall meet as needed to review financial reports from the Coordinator, receive a report of the system activities and take care of business deemed necessary between full Consortium Governing Board meetings.

The board shall consist of six members. The officers of the Governing Board shall be the president and vice-president. These officers and at-large members will be elected at the spring meeting of the Governing Board and serve a one-year term. The WNDLC Governing Board will appoint the secretary/treasurer. The board will consist of the President and Vice President plus three at-large members, one from the Southern schools, one from the Northern schools, and one from the Central schools. The ESU's will also have a representative on the Governing Board. In addition, the past-president of the WNDLC Board and a representative from the principal’s council are invited to meetings as non-voting members. The election of executive board members and alternates take place at the spring meeting of the Consortium Governing Board.

Business transacted and decisions made shall not be valid unless passed with the majority vote in a meeting wherein a majority of the executive board members are present, either in person, electronically or by distance learning system.

Article X Classes

1. WNDLC classes, to be credited towards high school graduation, will be offered by instructors qualified by the grades or courses taught in accord with Rule 10 and Rule 21 of the Nebraska Department of Education.

2. Classes offered at the K-12 level will be without charge to the student or receiving school and may be considered as a reciprocal agreement between entities through the 2001-2002 school year. The Governing Board will then consider any necessary fee structure.

3. All members of the WNDLC must adhere to the Policies and Procedures manual approved by the WNDLC Governing Board. Any entity refusing to adhere to the Policies and Procedures manual will be considered in violation of requirements in Article III.

Article XI Duration of WNDLC

The duration of the WNDLC shall be four (4) years from and after October 12, 1998, unless sooner dissolved by consent of the parties. This agreement was extended indefinitely by a 15-0 roll call vote of the WNDLC Governing Board on December 3, 2001. With the passage of LB1208 in 2006 by the Nebraska Legislature all distance learning consortiums were placed directly under the direction of ESU's.

Article XII Property

Any equipment purchased with WNDLC money shall be the property of the WNDLC during the initial grant period and is to be tagged with a label identifying such property as belonging to the WNDLC. Any bill of sale of equipment purchased is to read “Educational Service Unit #13 as Trustee for Western Nebraska Distance Learning Consortium.”

Modified June 14, 2007