Neb. Admin. Code tit. 281 — Coordinating Commission for Postsecondary Education

Chapter 1 Rules and Regulations Governing the Excellence in Teaching Act

Neb. Admin. Code tit. 281, ch. 1 Rules and Regulations Governing the Excellence in Teaching Act {#sec-281-nac-1 omnilex-key=us-ne-regs-official--title-281--281 NAC 1}

TITLE 281 NEBRASKA COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION

1. SCOPE AND AUTHORITY.

001.01 Statutory Authority. This chapter is adopted pursuant to Neb. Rev. Stat. §§ 85-3101 to 85-3110 and 85-3112 to 85-3115.

001.02 Scope and Application. This chapter provides the procedures to carry out the Excellence in Teaching Act, which includes the Attracting Excellence to Teaching Program and the Enhancing Excellence in Teaching Program.

2. ATTRACTING EXCELLENCE TO TEACHING PROGRAM.

002.01 Purposes. The purposes of the Attracting Excellence to Teaching Program are to:

002.01(A) Attract outstanding students to major in shortage areas at the teacher education programs of Nebraska’s postsecondary educational institutions;

002.01(B) Retain resident students and graduates as teachers in the accredited school districts, educational service units, and private schools or approved private schools of Nebraska; and

002.01(C) Establish a loan contract that requires a borrower to obtain employment as a teacher in this state after graduation.

002.02 Definitions. For purposes of the Attracting Excellence to Teaching Program:

002.02(A) AETP means the Attracting Excellence to Teaching Program.

002.02(B) Award year means the period from July 1^st of one year through June 30^th of the succeeding year.

002.02(C) Board means the State Board of Education.

002.02(D) Borrower means an eligible student who receives a loan pursuant to the AETP.

002.02(E) Commission means the Coordinating Commission for Postsecondary Education.

002.02(F) Department means the State Department of Education, which is comprised of the Board and the Commissioner of Education.

002.02(G) Eligible for the AETP means an eligible student who:

002.02(G)(i) graduated in the top quarter of his or her high school class or has a minimum cumulative grade point average of 3.0 on a four-point scale in an eligible institution;

002.02(G)(ii) agrees to complete a teacher education program at an eligible institution and to complete the major on which the applicant’s eligibility is based; and

002.02(G)(iii) commits to teach in an accredited or approved public or private school in Nebraska upon successful completion of the teacher education program for which the applicant is applying to the AETP and to becoming certified pursuant to Sections 79-806 to 79-815 R.R.S.

002.02H Eligible institution means a not-for-profit college or university which:

002.02(H)(i) is located in Nebraska;

002.02(H)(ii) is accredited by an accrediting agency recognized by the United States Department of Education as determined to be acceptable by the Board;

002.02(H)(iii) has a teacher education program; and

002.02(H)(iv) if a privately funded college or university has not opted out of the program pursuant to Section 002.04C of this Chapter.

002.02(I) Eligible student means an individual who:

002.02(I)(i) is a full-time student;

002.02(I)(ii) is enrolled in an eligible institution in an undergraduate or a graduate teacher education program working toward his or her initial certificate to teach in Nebraska;

002.02(I)(iii) if enrolled at a state-funded eligible institution, is a resident student as described in Section 85-502 R.R.S. or, if enrolled in a privately funded eligible institution, would be deemed a resident student if enrolled in a state-funded eligible institution; and

002.02(I)(iv) is a student majoring in a shortage area.

002.02(J) Employed as a teacher means employment equivalent to 0.5 full-time employment (FTE) or greater under one (1) or more teaching contracts with an approved or accredited Nebraska school throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester). Substitute teachers who meet this requirement will be considered employed as a teacher. This term also means employment by an Educational Service Unit (ESU) as a certificated employee as defined in Section 79-1234(2) R.R.S. when the certificated employee will be functioning as a teacher throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester) in an approved or accredited Nebraska school pursuant to authority provided in the Educational Service Unit Act (Section 79-1201 R.R.S., et seq.).

002.02(K) Employed as a full-time teacher means employment equivalent to 1.0 FTE under one (1) or more teaching contracts with an approved or accredited Nebraska school throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester). Substitute teachers who meet this requirement will be considered employed as a full-time teacher. This term also means employment by an Educational Service Unit (ESU) as a certificated employee as defined in Section 79-1234(2) R.R.S. when the certificated employee will be functioning as a teacher equivalent to 1.0 FTE throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester) in an approved or accredited Nebraska school pursuant to authority provided in the Educational Service Unit Act (Section 79-1201 R.R.S. et seq.).

002.02(L) Full-time student means, in the aggregate, the equivalent of a student who in a twelve-month (12) period has completed or is enrolled in twenty-four (24) semester credit hours for undergraduate students or eighteen (18) semester credit hours for graduate students of classroom, laboratory, clinical, practicum, or independent study course work.

002.02(M) Loan means an amount of money advanced under a contract to a borrower pursuant to the AETP.

002.02(N) Majoring in a shortage area means pursuing a degree which will allow an individual to be properly endorsed to teach in a shortage area.

002.02(O) Repayment period means the time during which the borrower is required to make payments on the loan or loans.

002.02(P) Repayment status means when a borrower meets any of the conditions triggering repayment commencement described in Section 002.05A of this Chapter.

002.02(Q) Secular field of teaching means teaching areas covered by teaching endorsements identified in 92 NAC 24 excluding Religious Education.

002.02(R) Shortage area means a secular field of teaching for which there is a shortage, as determined by the Department, of properly endorsed teachers pursuant to Section 004 of this Chapter, at the time the borrower first receives funds pursuant to the program.

002.02(S) Student-teaching semester means a semester of full-time enrollment for clinical practice which provides initial preparation for a student enrolled in an eligible institution and pursuing a certificate to teach that includes a culminating supervised experience to demonstrate competence in the professional teaching role for which such student is applying.

002.02(T) Teacher means an individual who holds a valid teaching certificate and who is regularly employed for the instruction of pupils pursuant to Section 79-101 R.R.S. For purposes of this Chapter, this definition does not include administrative or special services certificate holders who are employed in positions requiring these endorsements.

002.02(U) Teacher education program means a program of study approved by the Board pursuant to subdivision (5) (g) of Section 79-318 R.R.S.

002.03 Application Process.

002.03(A) Application. In order to be considered for a loan, an eligible student must complete the appropriate application forms prescribed by the Commission.

002.03(A)(i) Incomplete applications will not be considered for a loan.

002.03(B) Deadlines.

002.03(B)(i) Applications must be submitted to the administrator responsible for the teacher education program in which the applicant is enrolled by a date determined by the administrator. Applications recommended by the institution must be received by the Commission on or before July 1 of each award year in which funds are available.

002.03(B)(ii) Applications recommended by the institution for reallocated funds as described in Section 002.04B of this Chapter must be received by the Commission on or before February 1 of each award year in which reallocated funds are available.

002.03(C) Maximum amounts. Eligible students may apply, on an annual basis, for loans in an amount of not more than three thousand dollars ($3,000) per year, except that eligible students applying for a loan for a student-teaching semester may apply for an additional loan of not more than three thousand dollars ($3,000) and may receive no more than six thousand dollars ($6,000) for the year in which they complete their student teaching semester. Loans awarded to an eligible student must not exceed a cumulative period exceeding five (5) consecutive years.

002.03(D) Awards. Loans must only be awarded through an eligible institution and funded pursuant to Section 85-3112 R.R.S. Prior to receiving any money from a loan pursuant to the AETP, an eligible student must enter into a contract with the Commission.

002.03(E) Distribution. The Commission must allocate the funds to be distributed for the AETP, including both funds restricted to eligible students enrolled in student-teaching semesters and funds not restricted to students enrolled in student-teaching semesters, to all eligible institutions according to the formula set forth in Section 002.04 of this Chapter.

002.03(E)(i) Eligible institutions must act as agents of the Commission in the distribution of funds to borrowers.

002.03(E)(ii) Eligible institutions must disburse funds directly to the borrower in a lump sum unless another manner or method of disbursement or distribution has been authorized, in writing, by the borrower.

002.04 Formula. The formula for the distribution of the appropriated funds to eligible institutions that have not opted out of the AETP according to Section 002.04C of this Chapter must be based on the percentage of the most recent teacher education program completer data generated by each eligible institution. The percentage of funds allocated to each eligible institution, for both eligible students enrolled in student-teaching semesters and eligible students not enrolled in student-teaching semesters, will match the institution’s percentage of the total teacher education program completers from all eligible institutions.

002.04(A) The allocation of available funds will be reported to each participating eligible institution no later than March 15 prior to the award year in which funds are available.

002.04(B) Funds not awarded pursuant to Section 002.03B1 of this Chapter will be reallocated to those institutions that notify the Commission on or by December 1 of the award year of the institution’s desire to be considered for the reallocated funds. The reallocation of available funds will be reported to eligible institutions no later than December 15 of each award year that those funds are available.

002.04(C) Opting Out Provisions. An eligible institution may opt out of the AETP by notifying the Executive Director of the Commission, in writing, postmarked or emailed by March 1 prior to the award year for which loans are available, of the institution’s intent not to participate in the AETP. Such notification will be considered in force until the Executive Director is notified, in writing, of the institution’s intent to recommence its participation in the AETP.

002.05 Loan Contract Provisions. Prior to receiving any money from a loan pursuant to the AETP, an eligible student must enter into a contract with the Commission. Such contract is exempt from the requirements of the State Procurement Act.

002.05(A) Repayment Commencement.

002.05(A)(i) For eligible students who applied for the first time prior to April 23, 2009:

002.05(A)(i)(1) If the borrower is not employed as a teacher in Nebraska for a time period equal to the number of years required for loan forgiveness and is not enrolled as a full-time student in a graduate program within six (6) months after obtaining an undergraduate degree for which a loan from the AETP was obtained or the borrower does not complete the requirements for graduation within five (5) consecutive years after receiving the initial loan under the AETP, then the loan must be repaid, with interest at the rate fixed pursuant to Section 45-103 R.R.S. accruing as of the date the borrower signed the contract.

002.05(A)(ii) For eligible students who applied for the first time on or after April 23, 2009:

002.05(A)(ii)(1) If the borrower is not employed as a full-time teacher in an approved or accredited school in Nebraska and teaching at least a portion of the time in the shortage area for which the loan was received for a time period equal to the number of years required for loan forgiveness or is not enrolled as a full-time student in a graduate program within six (6) months after obtaining an undergraduate degree for which a loan from the AETP was obtained or the borrower does not complete the requirements for graduation within five (5) consecutive years after receiving the initial loan under the AETP, then the loan must be repaid, with interest at the rate fixed pursuant to Section 45-103 R.R.S. accruing as of the date the borrower signed the contract and actual collection costs as determined by the Commission.

002.05(A)(iii) If the borrower fails to remain enrolled at an eligible institution or otherwise fails to meet the requirements of an eligible student, repayment of the loan must commence within six (6) months after such change in eligibility.

002.05(A)(iv) The interest rate for the entire repayment period must be that which is in effect under Section 45-103 R.R.S. on the date that the borrower signed the contract.

002.05(B) Repayment Procedures. Repayment will be made on a monthly basis on a schedule which allows up to two (2) years of payments for all loans received. The borrower, at his/her option, may accelerate payment on all or any part of the loan principal plus accrued interest at any time without penalty. Monthly payments must be received at the Commission no later than the 15th of each month.

002.05(C) Penalty. In the event the borrower fails to make a scheduled installment payment, the entire unpaid indebtedness, including any accrued interest, may become immediately due and payable at the option of the Executive Director.

002.05(D) Repayment Exceptions.

002.05(D)(i) Cancellation. The repayment obligation must be cancelled if the Executive Director determines that:

002.05(D)(i)(1) The borrower is unable to teach because s/he is permanently totally disabled, on the basis of verification from the Social Security Administration; or

002.05(D)(i)(2) The borrower has died, on the basis of a death certificate or other evidence conclusive under State law provided by next of kin or personal administrator of the estate.

002.05(D)(ii) Deferment. A deferment of the repayment period may be granted by the Executive Director if the borrower is in repayment status and can substantiate that s/he is:

002.05(D)(ii)(1) engaging in a full-time course of study at an institution of higher education;

002.05(D)(ii)(2) serving on active duty as a member of the Armed Forces of the United States, for a period not in excess of three (3) years;

002.05(D)(ii)(3) temporarily totally disabled as established by the sworn affidavit of a qualified physician, for a period not in excess of three (3) years;

002.05(D)(ii)(4) unable to secure employment by reason of the care required by a disabled child, spouse, or parent for a period not in excess of twelve (12) months; or

002.05(D)(ii)(5) seeking and unable to find full-time employment for a single period not in excess of twelve (12) months.

002.05(D)(iii) Qualification for Exceptions. To qualify for a cancellation or deferment, the borrower must notify the Commission, in writing, of his or her claim and provide supporting documentation of the claim. If the borrower’s claim is accepted, s/he will not be required to make repayments nor will interest accrue on the outstanding balance during the deferment period.

002.05(E) Loan Forgiveness.

002.05(E)(i) For eligible students who applied for the first time prior to April 23, 2009:

002.05(E)(i)(1) If the borrower successfully completes the teacher education program and becomes certified pursuant to Sections 79-806 to 79-815 R.R.S., becomes employed as a teacher in this state within six (6) months of becoming certified, and otherwise meets the requirements of the contract, payments must be suspended for the number of years that the borrower is required to remain employed as a teacher in this state under the contract. For each year that the borrower teaches in Nebraska pursuant to the contract, payments must be forgiven in an amount equal to the amount borrowed for one (1) year, except that if the borrower teaches in a school district that is in a local system classified in the very sparse cost grouping as defined in Section 79-1003 R.R.S. or teaches in a school district in which at least forty percent (40%) of the students are poverty students as provided in Section 79-1003 R.R.S., payments must be forgiven each year in an amount equal to the amount borrowed for two (2) years.

002.05(E)(ii) For eligible students who applied for the first time on or after April 23, 2009:

002.05(E)(ii)(1) If the borrower successfully completes the teacher education program and major for which the borrower is receiving a forgivable loan pursuant to the program and becomes certified pursuant to Sections 79-806 to 79-815 R.R.S. with an endorsement in the shortage area for which the loan was received, becomes employed as a full-time teacher teaching at least a portion of the time in the shortage area for which the loan was received in an approved or accredited school in Nebraska within six (6) months of becoming certified, and otherwise meets the requirements of the contract, payments must be suspended for the number of years that the borrower is required to remain employed as a teacher in this state under the contract. Beginning after the first two (2) years of teaching full-time in Nebraska following graduation for the degree for which the loan was received, for each year that the borrower teaches full-time in Nebraska pursuant to the contract, the loan must be forgiven in an amount equal to three thousand dollars ($3,000), except that if the borrower teaches full-time in a school district that is in a local system classified as very sparse as defined in Section 79-1003 R.R.S., teaches in a school building that provides free meals to all students pursuant to the community eligibility provision, teaches in a school building in which at least forty percent (40%) of the formula students are poverty students as defined in Section 79-1003 R.R.S., or teaches in an accredited or approved private school in Nebraska in which at least forty percent (40%) of the enrolled students qualified for free lunches as determined by the most recent data available from the Department, payments must be forgiven each year in an amount equal to six thousand dollars ($6,000).

002.05(E)(iii) When a loan has been forgiven pursuant to Section 002.05E of this Chapter, the amount forgiven may be taxable income to the borrower and the Commission must provide notification of the amount forgiven to the borrower, the Nebraska Department of Revenue, and the United States Internal Revenue Service if required by the Internal Revenue Code.

002.05(F) Default. Failure of a borrower to either fulfill the terms necessary for loan forgiveness according to Section 002.05E of this Chapter or repay the loan according to Section 002.05A and Section 002.05B of this Chapter must constitute a default. Borrowers in default may be referred to a collection agency according to Section 45-623 R.R.S.

3. ENHANCING EXCELLENCE IN TEACHING PROGRAM.

003.01 Purposes. The purposes of the Enhancing Excellence in Teaching Program are to:

003.01(A) Retain teachers in the accredited school districts, educational service units, and private schools or approved private schools of Nebraska;

003.01(B) Improve the skills of existing teachers in Nebraska through the graduate education programs of Nebraska’s postsecondary educational institutions; and

003.01(C) Establish a loan contract that requires a borrower to continue employment as a teacher in this state after completion of the eligible graduate program.

003.02 Definitions. For purposes of the Enhancing Excellence in Teaching Program:

003.02(A) Approval to teach postsecondary courses by a Nebraska postsecondary educational institution means official documentation issued by a Nebraska postsecondary educational institution declaring that an individual has met the graduate degree or course requirements necessary to teach courses in a specific subject or subjects offered by the Nebraska postsecondary education institution for postsecondary degree credit.

003.02(B) Award year means the period from July 1^st of one year through June 30^th of the succeeding year.

003.02(C) Board means the State Board of Education.

003.02(D) Borrower means an eligible student who receives a loan pursuant to the EETP.

003.02(E) Commission means the Coordinating Commission for Postsecondary Education.

003.02(F) Department means the State Department of Education, which is comprised of the Board and the Commissioner of Education.

003.02(G) EETP means the Enhancing Excellence in Teaching Program.

003.02(H) Eligible coursework means those classes included on the Program of Study that begin during the loan award period.

003.02(I) Eligible graduate program means:

003.02(I)(i) a Program of Study offered by an eligible institution which results in obtaining a graduate degree; or

003.02(I)(ii) a graduate course of study leading to an endorsement in a shortage area specified by the Department; or

003.02(I)(iii) a graduate course of study leading to approval to teach postsecondary courses by a Nebraska postsecondary educational institution.

003.02(J) Eligible for the EETP means an eligible student who:

003.02(J)(i) agrees to complete an eligible graduate program at an eligible institution and to complete the program on which the applicant’s eligibility is based as determined by the Department; and

003.02(J)(ii) commits to teach in an accredited or approved public or private school in Nebraska upon successful completion of the eligible graduate program for which the applicant is applying to the EETP and to maintaining certification pursuant to Sections 79-806 to 79-815 R.R.S.

003.02(K) Eligible institution means a not-for-profit college or university which:

003.02(K)(i) is located in Nebraska;

003.02(K)(ii) is accredited by an accrediting agency recognized by the United States Department of Education as determined to be acceptable by the Board;

003.02(K)(iii) has a teacher education program as defined in Section 002.02U of this Chapter; and

003.02(K)(iv) if a privately funded college or university has not opted out of the EETP pursuant to Section 003.04B of this Chapter.

003.02(L) Eligible student means an individual who:

003.02(L)(i) is a certificated teacher employed to teach in an approved or accredited school in Nebraska;

003.02(L)(ii) is enrolled in an eligible graduate program;

003.02(L)(iii) if enrolled at a state-funded eligible institution, is a resident student as described in Section 85-502 R.R.S. or, if enrolled in a privately funded eligible institution, would be deemed a resident student if enrolled in a state-funded eligible institution; and

003.02(L)(iv) is majoring in a shortage area, curriculum and instruction, a subject area in which the individual already holds a secular teaching endorsement, a subject area that will result in an additional secular teaching endorsement, or is applying for approval to teach postsecondary courses by a Nebraska postsecondary educational institution, which the superintendent of the school district or head administrator of the private, denominational, or parochial school employing the individual believes will be beneficial to the students of such school district or school as evidenced by a statement signed by the superintendent or head administrator.

003.02(M) Employed as a teacher means employment equivalent to 0.5 full-time employment (FTE) or greater under one (1) or more teaching contracts with an approved or accredited Nebraska school throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester). Substitute teachers who meet this requirement must be considered employed as a teacher. This term also means employment by an Educational Service Unit (ESU) as a certificated employee as defined in Section 79-1234(2) R.R.S. when the certificated employee will be functioning as a teacher throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester) in an approved or accredited Nebraska school pursuant to authority provided in the Educational Service Unit Act (Section 79-1201 R.R.S., et seq.).

003.02(N) Employed as a full-time teacher means employment equivalent to 1.0 FTE under one (1) or more teaching contracts with an approved or accredited Nebraska school throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester). Substitute teachers who meet this requirement must be considered employed as a full-time teacher. This term also means employment by an Educational Service Unit (ESU) as a certificated employee as defined in Section 79-1234(2) R.R.S. when the certificated employee will be functioning as a teacher equivalent to 1.0 FTE throughout the course of one (1) school year or a period of two (2) consecutive school terms that are the equivalent of one (1) school year (e.g., one (1) spring semester and the following fall semester) in an approved or accredited Nebraska school pursuant to authority provided in the Educational Service Unit Act (Section 79-1201 R.R.S. et seq.).

003.02(O) Enrolled means the eligible student is officially admitted into an eligible graduate program at an eligible institution and s/he meets that institution’s requirements for continuing enrollment certification purposes or for maintaining graduate student status.

003.02(P) Loan means an amount of money advanced under a contract to a borrower pursuant to the EETP.

003.02(Q) Majoring in a shortage area or subject area means pursuing a degree or graduate course of study which will allow an individual to be properly endorsed to teach in such shortage area or subject area.

003.02(R) Nebraska postsecondary educational institution means a Nebraska public postsecondary institution as defined in section 85-2403 and any private, nonprofit postsecondary institution with a principal facility in Nebraska that is exempt from the Private Postsecondary Career School Act.

003.02(S) Program of Study means official documentation that verifies enrollment and coursework in an eligible graduate program and must include:

003.02(S)(i) the name of the applicant;

003.02(S)(ii) the name of the eligible graduate program to be completed;

003.02(S)(iii) a listing of the coursework required to complete the eligible graduate program;

003.02(S)(iv) a tentative timeline for completion of the eligible graduate program; and

003.02(S)(v) the signature of the designated representative of the eligible institution.

003.02(T) Proof of coursework completion means a grade report or transcript from an eligible institution which verifies that the borrower has completed the eligible coursework for which funds were received during the award year.

003.02(U) Proof of program completion means an official transcript from an eligible institution which verifies that the borrower has completed the eligible graduate program for which the loan was received.

003.02(V) Proof of registration means a class schedule or transcript from an eligible institution which verifies registration for eligible coursework.

003.02(W) Repayment period means the time during which the borrower is required to make payments on the loan or loans.

003.02(X) Repayment status means when a borrower meets any of the conditions triggering repayment commencement described in Section 003.05A of this Chapter.

003.02(Y) Secular field of teaching means teaching areas covered by teaching endorsements identified in 92 NAC 24 excluding Religious Education.

003.02(Z) Shortage area means a secular field of teaching or endorsement area for which there is a shortage, as determined by the Department pursuant to Section 004 of this Chapter, of properly endorsed teachers at the time the borrower first receives funds pursuant to the EETP.

003.02(AA) Teacher means an individual who holds a valid teaching certificate and who is regularly employed for the instruction of pupils pursuant to Section 79-101 R.R.S. For purposes of this Chapter, this definition does not include administrative or special services certificate holders who are employed in positions requiring these endorsements.

03.03 Application Process.

003.03(A) Application. In order to be considered for a loan, an eligible student must complete the appropriate application forms prescribed by the Commission.

003.03(A)(i) Applications must include a Program of Study approved by a designated representative of the eligible institution in which the applicant is enrolled.

003.02(A)(ii) Incomplete applications will not be considered for a loan.

003.03(B) Deadlines. Applications must be submitted to the administrator responsible for the teacher education program, or his/her designated representative, of the eligible institution in which the applicant is enrolled by a date determined by the administrator.

003.03(B)(i) Institutions must number the applications in the order in which they are received and send all submitted applications to the Commission. Applications must be received by the Commission on or before June 1 prior to the award year in which funds are available.

003.03(C) Maximum Amounts. Eligible students may apply on an annual basis for loans in an amount of not more than one hundred seventy-five dollars ($175) per credit hour. Loans awarded to individual students must not exceed a cumulative period exceeding five (5) consecutive years.

003.03(C)(i) Loans awarded to individual students must not exceed an annual amount of three thousand dollars ($3,000).

003.03(D) Distribution. The Commission must allocate the funds to be distributed for the EETP to all eligible institutions according to the formula set forth in Section 003.04A of this Chapter. The Commission must distribute the funds for the EETP directly to the borrower.

003.03(E) Awards. Loans must only be awarded through the Commission and funded pursuant to Section 85-3112 R.R.S.

003.03(E)(i) The borrower must submit proof of registration for eligible coursework to the Commission pursuant to the contract prior to any funds being distributed.

003.03(E)(i)(1) The borrower must only receive payment one time for each eligible course on his/her Program of Study. Repeated coursework for which a final course grade has been previously assessed is ineligible for payment.

003.03(E)(ii) Funds not claimed pursuant to the contract will revert to the Excellence in Teaching Cash Fund.

003.04 Formula.

003.04(A) Formula for Distribution. The Commission must distribute one-sixth (1/6) of the total funds available pursuant to Section 85-3112 R.R.S. evenly among all eligible institutions. The remaining funds must be allocated by formula on the basis of the percentage of the total Master’s degrees in education awarded by each eligible institution, excluding those awarded in administrative or special services programs. The percentage of loan funds available to each eligible institution will match the institution’s percentage of the state’s total Master’s degrees in education awarded by all eligible institutions.

003.04(A)(i) The formula will be based on the most current Master’s degree in education completer information reported to the Commission.

003.04(A)(ii) The allocation of available funds will be reported to the eligible institutions no later than March 15 prior to each award year.

003.04(A)(iii) In the event that additional funds for the EETP become available during the current loan award period, the Commission may establish an interim distribution process based on the percentage of the state’s total Master’s degrees in education awarded by each eligible institution.

003.04(B) Opting Out Provisions. An eligible institution may opt out of the EETP by notifying the Executive Director of the Commission, in writing, postmarked or emailed by February 1 prior to the award year for which loans are available, of the institution’s intent not to participate in the EETP. Such notification will be considered in force until the Executive Director is notified, in writing, of the institution’s intent to recommence its participation in the EETP.

003.05 Loan Contract Provisions. Prior to receiving any money from a loan pursuant to the EETP, an eligible student must enter into a contract with the Commission. Such contract is exempt from the requirements of the State Procurement Act.

003.05(A) Repayment Commencement. For the purposes of Repayment Commencement, the following provisions apply:

003.05(A)(i) If the borrower is not employed as a full-time teacher teaching in an approved or accredited school in Nebraska for a time period equal to the number of years required for loan forgiveness pursuant to Section 003.05E of this Chapter, or the borrower does not complete the requirements for graduation, for the additional secular teaching endorsement, or for the approval to teach postsecondary courses by a Nebraska postsecondary educational institution within five (5) consecutive years after receiving the initial loan under the EETP, then the loan must be repaid with interest at the rate fixed pursuant to Section 45-103 R.R.S. accruing as of the date the borrower signed the contract and actual collection costs as determined by the Commission.

003.05(A)(ii) If the borrower fails to remain enrolled at an eligible institution or otherwise fails to meet the requirements of an eligible student, repayment of the loan must commence within six (6) months after such change in eligibility.

003.05(A)(iii) If the borrower fails to provide the Commission with proof of coursework completion within sixty (60) days of the completion of all eligible coursework for which the loan was received, repayment of the loan must commence within six (6) months from the end of the loan award period in which the loan was received.

003.05(A)(iv) If the borrower fails to provide the Commission with proof of program completion within sixty (60) days of completion of the eligible graduate program, repayment of the loan must commence within six (6) months of completion of the program.

003.05(A)(v) The interest rate for the entire repayment period must be that which is in effect under Section 45-103 R.R.S. on the date that the borrower signed the contract.

003.05(B) Repayment Procedures. Repayment will be made on a monthly basis on a schedule which allows up to two (2) years of payments for all loans received. The borrower, at his/her option, may accelerate payment on all or any part of the loan principal plus accrued interest at any time without penalty. Monthly payments must be received at the Commission no later than the 15th of each month.

003.05(C) Penalty. In the event the borrower fails to make a scheduled installment payment, the entire unpaid indebtedness, including any accrued interest, may become immediately due and payable at the option of the Executive Director,

003.05(D) Repayment Exceptions.

003.05(D)(i) Cancellation. The repayment obligation must be cancelled if the Executive Director determines that:

003.05(D)(i)(1) The borrower is unable to teach because s/he is permanently totally disabled, on the basis of verification from the Social Security Administration; or

003.05(D)(i)(2) The borrower has died, on the basis of a death certificate or other evidence conclusive under State law provided by next of kin or personal administrator of the estate.

003.05(D)(ii) Deferment. A deferment of the repayment period may be granted by the Executive Director if the borrower is in repayment status and can substantiate that s/he is:

003.05(D)(ii)(1) serving on active duty as a member of the Armed Forces of the United States, for a period not in excess of three (3) years;

003.05(D)(ii)(2) temporarily totally disabled as established by the sworn affidavit of a qualified physician, for a period not in excess of three (3) years;

003.05(D)(ii)(3) unable to secure employment by reason of the care required by a disabled child, spouse, or parent for a period not in excess of twelve (12) months; or

003.05(D)(ii)(4) seeking and unable to find full-time employment for a single period not in excess of twelve (12) months.

003.05(D)(iii) Qualification for Exceptions. To qualify for a cancellation or deferment, the borrower must notify the Commission, in writing, of his or her claim and provide supporting documentation of the claim. If the borrower’s claim is accepted, s/he will not be required to make repayments nor will interest accrue on the outstanding balance during the deferment period.

003.05(E) Loan Forgiveness. If the borrower successfully completes the eligible graduate program for which the borrower is receiving a forgivable loan pursuant to the EETP, maintains certification pursuant to Sections 79-806 to 79-815 R.R.S., maintains full-time employment as a teacher in an approved or accredited school in this state, and otherwise meets the requirements of the contract, payments must be suspended for the number of years that the borrower is required to remain employed as a teacher in this state under the contract.

003.05(E)(i) For recipients who received funds for the first time prior to July 1, 2016:

003.05(E)(i)(1) Beginning after the first two (2) years of teaching full-time in Nebraska following graduation for the degree for which the loan was received, for each year that the borrower teaches full-time in Nebraska pursuant to the contract, the loan must be forgiven in an amount equal to three thousand dollars ($3,000), except that if the borrower teaches full-time in a school district that is in a local system classified as very sparse as defined in Section 79-1003 R.R.S., teaches in a school building that provides free meals to all students pursuant to the community eligibility provision, teaches in a school building in which at least forty percent (40%) of the students are poverty students as defined in Section 79-1003 R.R.S., or teaches in an accredited or approved private school in Nebraska in which at least forty percent (40%) of the enrolled students qualified for free lunches as determined by the most recent data available from the Department, payments must be forgiven each year in an amount equal to six thousand dollars ($6,000).

003.05(E)(ii) For recipients who received funds for the first time on or after July 1, 2016:

003.05(E)(ii)(1) Beginning after the first two (2) years of teaching full-time in Nebraska following completion of the eligible graduate program for which the loan was received, for each year that the borrower teaches full-time in Nebraska pursuant to the contract, the loan must be forgiven in an amount equal to one thousand five hundred dollars ($1,500), except that if the borrower teaches full- time in a school district that is in a local system classified as very sparse as defined in Section 79-1003 R.R.S., teaches in a school building in which at least forty percent (40%) of the students are poverty students as defined in Section 79-1003 R.R.S., teaches in a school building that provides free meals to all students pursuant to the community eligibility provision, or teaches in an accredited private school or educational service unit or an approved private school in Nebraska in which at least forty percent (40%) of the enrolled students qualified for free lunches as determined by the most recent data available from the Department, payments must be forgiven each year in an amount equal to one thousand five hundred dollars ($1,500) for the first year of loan forgiveness and three thousand dollars ($3,000) for each year of loan forgiveness thereafter.

003.05(E)(iii) The borrower must provide the Commission with proof of coursework completion within sixty (60) days of the completion of all eligible coursework for which the loan was received.

003.05(E)(iv) The borrower must provide the Commission with proof of program completion within sixty (60) days of completion of the eligible graduate program for which the loan was received.

003.05(E)(v) When a loan has been forgiven pursuant to Section 85-3110 R.R.S., the amount forgiven may be taxable income to the borrower and the Commission must provide notification of the amount forgiven to the borrower, the Nebraska Department of Revenue, and the United States Internal Revenue Service if required by the Internal Revenue Code.

003.06 Default. Failure of a borrower to either fulfill the terms necessary for loan forgiveness according to Section 003.05E of this Chapter or repay the loan according to Section 003.05A of this Chapter must constitute a default. Borrowers in default may be referred to a collection agency according to Section 45-623 R.R.S.

4. SHORTAGE AREAS. Shortage areas will be determined annually by the Department on the basis of an annual teacher supply survey of accredited and approved Nebraska school systems. Shortage areas as defined by the United States Department of Education under the Teacher Education Assistance for College and Higher Education (TEACH) Grant will also be considered as qualifying shortage areas. Shortage areas for the current award period are available on the Department’s web site (www.education.ne.gov).

5. REPORTS. The Commission must provide reports on the AETP and the EETP as required by Section 85-3114 R.R.S.

005.01 Institutional Reports. Each participating institution must file an annual report with the Commission for the Attracting Excellence to Teaching Program and for the Enhancing Excellence in Teaching Program for any fiscal year in which the eligible institution receives funding to distribute to the students pursuant to either or both of such programs. Reports must be received by October 15 containing the following information:

005.01(A) The number of borrowers who are currently enrolled as full-time students; and

005.01(B) The number of borrowers who have completed the program for which the loan was received.

005.02 Commission Reports. On or before December 31 of each even-numbered year, the Commission must submit an electronic report to the Governor, the Clerk of the Legislature, and the Education Committee of the Legislature. This report must include information on an institution-by-institution basis and information on:

005.02(A) the status of the AETP and the EETP;

005.02(B) the status of the borrowers;

005.02(C) the impact of the AETP and the EETP on the number of teachers in shortage areas in Nebraska;

005.02(D) the number of teachers receiving graduate degrees and added endorsements in teaching areas in Nebraska;

005.02(E) the number of teachers receiving approval to teach postsecondary courses by a Nebraska postsecondary educational institution; and

005.02(F) a financial statement with a description of the activity of the Excellence in Teaching Cash Fund.

005.03 Confidentiality of Information. Any report which includes information about borrowers must exclude confidential information or any other information which specifically identifies a borrower.

History

• Effective 2025-06-23

Chapter 4 Rules and Regulations Concerning Review of Programs of Public Colleges and Universities

Neb. Admin. Code tit. 281, ch. 4 Rules and Regulations Concerning Review of Programs of Public Colleges and Universities {#sec-281-nac-4 omnilex-key=us-ne-regs-official--title-281--281 NAC 4}

001 STATUTORY AND CONSTITUTIONAL AUTHORITY

Art. VII Sec.14(2). Constitutional provision relating to Commission authority to review, monitor, and approve or disapprove programs.

§85-1402. Relating to the definition of new and existing program of instruction and new organizational units.

§85-1411. Relating to Commission authority to adopt, amend, repeal or otherwise implement, such rules and regulations as the Commission deems necessary to carry out its duties.

§85-1414. Relating to Commission establishment of "an ongoing process to review, monitor, and approve or disapprove ... programs of public institutions .... "

002 SCOPE AND RELATED PROVISIONS

002.01. This rule applies to Commission review of new and existing instructional programs and new colleges, schools, major divisions, or institutes of public institutions.

002.02. The review of new and existing instructional programs and of new colleges, schools, major divisions, or institutes shall be subject to the rules contained herein, the Comprehensive Statewide Plan, procedures adopted by the Commission and such other rules and regulations as may be promulgated by the Commission.

002.03. Programs may also be reviewed by the Commission pursuant to its responsibilities for budget review and review of off-campus programs and education centers.

003 DEFINITIONS

The following definitions shall apply to review of programs.

003.01. Program shall mean any program of instruction, public service program, off-campus instructional program, and any new college, school, major division, education center, or institute, but shall not include reasonable and moderate extensions of existing curricula which have a direct relationship to existing programs.

003.01.A. Instructional program shall mean a sequence of courses and activities leading to a degree, diploma, or certificate in an academic discipline or subject area offered by a public institution. This type of program is commonly called a major.

003.01.B. Existing Instructional Program shall mean an instructional program authorized by the Legislature or the appropriate governing board prior to January 1, 1992 or an instructional program authorized by the Commission after January 1, 1992.

003.01.C. New Instructional Program shall mean a proposed instructional program not included in the definition of "existing instructional program" in section 003.01.B. A substantial modification of an existing instructional program constitutes a new instructional program. A substantial modification occurs when the principal objective of the program is changed. A reasonable and moderate extension of an existing instructional program is not classified as a new instructional program.

003.01.D. New Organizational Unit shall mean any proposed new college, school, major division, or institute that provides, facilitates, or coordinates instruction, research, or service and within which related disciplines or services are grouped. Name changes or reasonable and moderate extensions of or reorganizations within existing organizational units shall not be considered as new organizational units.

003.02. Commission shall mean the Coordinating Commission for Postsecondary Education.

003.03. Governing Board shall mean the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, or the board of governors for each community college area.

003.04. Public Institution shall mean any of the following: University of Nebraska-Lincoln, University of Nebraska at Omaha, University of Nebraska at Kearney, University of Nebraska Medical Center, Nebraska College of Technical Agriculture, Chadron State College, Peru State College, Wayne· State College, Central Community College, Metropolitan Community College, Mid-Plains Community College, Northeast Community College, Southeast Community College, Western Nebraska Community College, or any other public postsecondary educational institution which may be established by the Legislature.

004 REVIEW OF NEW INSTRUCTIONAL PROGRAMS

004.01 Preliminary Notification

004.01.A. The purpose of the preliminary notification is to provide an opportunity for the Commission to offer comments to the institution regarding potential state-level issues for consideration during the planning of the proposed program.

004.01.B. Each public institution is encouraged to submit to the Commission a list of instructional programs that are under consideration by the institution and that are in an early stage of planning as identified in consultation with each sector.

004.01.C. The schedule for submission shall be set by the Commission in cooperation with each institution.

004.02 Review Process

004.02.A. Governing boards of public institutions shall submit to the Commission all proposals for new programs after the governing board has approved the program and prior to implementation.

004.02.B. The format for the proposal shall be prescribed by the Commission.

004.02.C. The Commission shall have ninety days from the date a complete final proposal is submitted to the Commission to disapprove a program or it shall stand approved.

004.02.D. Following consultation with the governing board, the Commission may require, as a condition of approval, and as evidence of need and demand, that a new program not constitute unnecessary duplication and that it meet minimum performance standards established by the Commission. The Commission may require an institution to submit a periodic status report until the conditions are satisfied. If the program does not meet the performance standards, the Commission shall review the program and may continue or withdraw the approval of the program.

004.03 Conditional Approval

004.03.A. A governing board may submit to the Commission for conditional approval a proposal for a new program which is not authorized by the role and mission provision of the statutes.

004.03.B. The Commission shall review the proposal under the provisions of sections 004.01, 004.02, and 005.

004.03.C. Within one hundred twenty days from its receipt of the proposal, the Commission shall report to the Legislature its recommendations in support for or opposition to the amendments to the role and mission statutes that would be necessary for the Commission to approve the program.

004.03C(1). The Commission may extend the time period for up to an additional ninety days for good cause. Any such extension shall be filed with the chairperson of the Education Committee of the Legislature prior to the expiration of the initial one hundred twenty days.

004.03.D. If the necessary amendments to the role and mission statutes supported by the Commission in its report to the Legislature are enacted, the program shall stand approved.

004.04 Criteria for Review of New Instructional Programs

Review criteria for new instructional programs shall include the following:

004.04.A Centrality to the role and mission of the public institution. The program shall be consistent with the institutional role and mission, as defined by law and in the Comprehensive Statewide Plan of the Commission. Except for new programs submitted for conditional approval under section 004.03, only those programs that are consistent with the institution's role and mission shall be approved.

004.04.B Consistency with the Comprehensive Statewide Plan. The program shall not be inconsistent with the Comprehensive Statewide Plan as approved by the Commission.

004.04.C Evidence of need and demand. The program shall meet significant educational needs of the state or service area and shall not unnecessarily duplicate other programs, and the program shall serve reasonable and appropriate numbers of students and produce sufficient credit hours.

004.04.C(1). Evidence of need and demand may include quantifiable data and/or qualitative information and may be tailored to be appropriate to the field of study.

004.04.C(2). The Commission may, as appropriate, evaluate the extent to which the program will contribute to the economic development of the state by providing skilled employees or services for businesses located in the state or by attracting high quality firms to the state.

004.04.C(3). The Commission may also consider societal needs. Some programs, such as those in selected liberal arts, humanities, or fine arts disciplines, may be justified because they offer individual and societal benefits that may be independent of labor force or market demand. Those programs may provide benefits to the state by instilling in citizens a capacity for advanced learning, by providing a source of new knowledge, by advancing understanding of the fundamentals of civilizations, by enhancing the quality of life through literature and the fine and performing arts, or by other similar outcomes.

004.04D. Adequacy of available resources. The program shall have adequate resources to offer appropriate educational experiences for students and shall use its resources efficiently. The institution shall provide evidence that it has adequate resources to establish and sustain the program. The Commission strongly encourages the sharing of resources, such as telecommunications and instructional technologies, with other institutions of higher education. For each category of resources identified below, the institution shall identify the basis on which the conclusions about adequacy and efficiency were made.

004.04D(1) Faculty and Staff Resources. Faculty and staff resources shall be adequate for the program, given the institution's mission, and the nature of the program.

004.04D(2) Library/Information Resources. Library and information resources shall be adequate and appropriate for the program.

004.04D(3) Physical Facilities. Physical facilities shall be adequate to sustain the program.

004.04D(4) Instructional Equipment. Instructional equipment shall be adequate and appropriate for the program.

004.04E Avoid unnecessary duplication. Prevention or elimination of unnecessary program duplication shall be a high priority of the Commission. The Commission will consider whether instructional programs are unnecessarily duplicative of similar offerings in their geographic service area, in other areas of the state, or in the region. The Commission will consider the availability of student exchange programs offered by other educational entities, such as the Midwestern Higher Education Compact.

005 REVIEW OF NEW ORGANIZATIONAL UNITS

005.01 Review Process

005.01.A. Governing boards of public institutions shall submit to the Commission all proposals for new organizational units after the governing board has approved the organizational unit and prior to implementation.

005.01.B. The format for the proposal shall be prescribed by the Commission.

005.01.C. The Commission shall have ninety days from the date a complete final proposal is submitted to the Commission to disapprove an organizational unit or it shall stand approved.

005.01.D. Following consultation with the governing board, the Commission may require, as a condition of approval, that a new organizational unit meet minimum performance standards established by the Commission. The Commission may require an institution to submit a periodic status report until the conditions are satisfied. If the organizational unit does not meet the performance standards, the Commission shall review the unit and may continue or withdraw the approval of the program.

005.02 Review Criteria for New Organizational Units

005.02.A Centrality to the Role and Mission of the Public Institution. The new organizational unit and related instructional programs shall be consistent with the institutional role and mission, as defined by law and in the Comprehensive Statewide Plan of the Commission.

005.02.B Consistency with the Comprehensive Statewide Plan. The new organizational unit and related instructional programs shall not be inconsistent with the Comprehensive Statewide Plan as approved by the Commission.

005.02.C Evidence of Need and Demand. Evidence may include quantifiable and/or qualitative data, and/or evidence of enhanced efficiencies and effectiveness that would result from the creation of a new organizational unit.

005.02.D Adequacy of Available Resources. The institution shall provide evidence that it has adequate and appropriate resources to create and sustain the new organizational unit and its related instructional programs, research activities, and/or public services.

006 REVIEW OF EXISTING PROGRAMS

006.01. The primary purposes of the review of existing programs are to provide evidence of on-going need and demand for existing programs and to assist the Commission to exercise its responsibility to authorize continuation of the program or to discontinue the program. The governing boards of the public institutions shall be responsible for assuring the quality and effectiveness of programs offered by their institutions. The criteria shall not infringe on the prerogative of the governing boards to make decisions on the quality of staff and the design of curriculum.

006.02. The basic unit of review may be the academic department or equivalent academic organization unit with first-line responsibility for delivery and administration of instructional programs. The review shall focus on the instructional programs offered by the unit that are within the discipline or disciplines identified by the Commission for review during that year.

006.03. The schedule for the reviews shall be set by the Commission in consultation with the institutions' governing boards or their designated representatives. To the extent possible, while still allowing for timely review by the Commission, the reviews shall coincide with the institutional review and accreditation cycles.

006.04. The format for the program review reports sent to the Commission may be set by the Commission. The reports shall include materials upon which the governing board made its decision.

006.05. Any program authorized by action of the Legislature or a governing board, and in existence prior to January 1, 1992, shall be considered approved until the approval is withdrawn by the Commission under these rules.

006.06. For each instructional program reviewed, the governing board shall authorize the institution to (1) discontinue the program, (2) recommend that the Commission authorize continuation of the program, (3) direct the institution to initiate an in-depth review of the program, and/or (4) offer an alternative option.

006.07. Following action by the governing board, the institution shall submit program review reports to the Commission.

Program review reports for existing programs that are identified for discontinuation based on the results of a program review shall be submitted by the governing board to the Commission for information. No Commission action is required for discontinued programs.

Program review reports for existing programs designated by the governing board for in-depth review shall be submitted to the Commission for information. The institution shall submit the report of the in-depth review to the governing board. The governing board shall authorize the institution to discontinue the program or recommend that the Commission authorize continuation of the program.

006.08. Each existing program recommended by the governing board for continuation but which is not in substantial compliance with the review criteria established by the Commission shall be targeted by the Commission for in-depth review to be conducted by the public institution and its governing board. The in-depth review shall focus on the review criteria that were not met and shall be completed by a date set by the Commission.

006.09. Following an in-depth review directed by the Commission, the governing board shall submit to the Commission its findings and recommendations regarding continuation or discontinuation of the program.

006.10. If the Commission determines, following an in-depth review, that a program is not in substantial compliance with the criteria of the Commission, the Commission shall hold a public hearing, following thirty days' notice to the public institution, to consider if the program should be continued or discontinued. Following a hearing, the Commission shall take action to approve or disapprove continuance of the program. The Commission may monitor an approved program by requiring the institution to submit a periodic status report on compliance with Commission criteria.

006.11. Existing programs disapproved for continuance by the Commission shall be terminated by the public institution on a date mutually agreed upon by which time all students in the program on the date of the decision of the Commission will have had a reasonable opportunity, as determined by the governing board of the public institution, to complete the program or be otherwise accommodated.

006.12 CRITERIA FOR THE REVIEW OF EXISTING PROGRAMS

006.12A Needs and Demand

The program meets or will meet educational needs and demands.

006.12B Assure Efficiency

The program operates or will be operated efficiently.

006.12C Avoid Unnecessary Duplication

The program does not constitute unnecessary duplication of similar programs offered by other postsecondary institutions in Nebraska or through interstate agreements.

006.12D Centrality to the Role and Mission of the Public Institutions

The program shall be consistent with the institutional role and mission, as defined by law and in the Comprehensive Statewide Plan as approved by the Commission.

007 OTHER PROVISIONS

007.01.The Commission may adopt guidelines and/or procedures regarding the format and content of proposals or reports submitted to the Commission uhder the provisions of this rule.

007.02. The Commission shall adopt procedures to provide a waiver process for the authorization of short-term training and public service programs.

007.03. Parties wishing to appeal decisions of the Commission shall proceed as provided by law refer to Section §85-1418 (4) N.R.S.1943).

History

• Effective 2000-06-14

Chapter 5 Rules and Regulations Concerning the Nebraska Opportunity Grant Act

Neb. Admin. Code tit. 281, ch. 5 Rules and Regulations Concerning the Nebraska Opportunity Grant Act {#sec-281-nac-5 omnilex-key=us-ne-regs-official--title-281--281 NAC 5}

001 PURPOSE AND OBJECTIVES

001.01. The purpose of the Nebraska Opportunity Grant Act is to enhance the educational opportunities of Nebraska resident students by providing direct financial assistance to eligible students, based on financial need, attending eligible postsecondary institutions.

002 STATUTORY AUTHORITY

This rule is adopted pursuant to authority granted to the Coordinating Commission for Postsecondary Education in Neb. Rev. Stat.§§ 85-1901 through 85-1920.

002.01. Chapter 85, Sections 1903 through 1910 relating to definitions of eligible students, eligible postsecondary institutions, and tuition and mandatory fees.

002.02. Chapter 85, Sections 1911 through 1914 relating to the process and procedures for distribution of grants to students based on financial need.

002.03. Chapter 85, Section 1915 relating to criteria for granting an award to an eligible student.

002.04. Chapter 85, Sections 1912, 1914, 1917 and 1919 relating to the Coordinating Commission for Postsecondary Education's responsibilities.

002.05. Chapter 85, Sections 1913, 1916 and 1918 relating to eligible postsecondary educational institutions responsibilities.

003 DEFINITIONS

003.01. Commission means the Coordinating Commission for Postsecondary Education.

003.02. Postsecondary Education means the provision of a formal instructional program whose curriculum is designed primarily for students who are beyond the compulsory age for high school. This includes programs whose purpose is academic, vocational, and continuing professional education.

003.03. Eligible Postsecondary Educational Institution means a public or private educational institution located in Nebraska which: (1) is primarily engaged in the instruction of students; (2) is satisfying the provisions of Nebraska law relating to the approval and licensure of schools, colleges, and universities; (3) is maintaining accreditation by an accrediting organization recognized by the U.S. Department of Education; (4) is offering courses of instruction in regularly scheduled classes to regularly enrolled undergraduate students who reside in Nebraska and who have received high school diplomas or the equivalent; and (5) shall have adopted award refund and repayment policies and must make the policies available for inspection by all who request such information.

003.04. Student Aid Index means a measure of how much the student and his or her family can be expected to contribute to the cost of the student's education for the applicable academic year and is calculated according to a formula specified in federal law.

003.05. Yearly Maximum Student Aid Index means 110% of the maximum Student Aid Index to qualify for a Federal Pell Grant for the applicable award year.

003.06. Eligible Student means an individual who (1) is domiciled in Nebraska as provided in Neb. Rev. State. § 85-502; (2) is enrolled as a full- or part-time undergraduate student in an eligible program at an eligible postsecondary institution; and (3) has applied for federal financial aid through the Free Application for Federal Student Aid for the applicable award year and has a Student Aid Index equal to or less than the Yearly Maximum Student Aid Index.

003.07. Full-time Equivalency means the total number of credit or clock hours taken by eligible students divided by 24 semester, 36 quarter, or 900 clock hours as appropriate. The determination of full-time students shall be based upon the directives in Section 003.08 of these rules and regulations and an award year shall be as defined in Section 003.14.

003.08. Full-time Student means:

(1) For enrollment calculations of full-time equivalent students, an individual who is enrolled in at least 24 semester credit hours, 36 quarter credit hours, or 900 clock hours per award year; or

(2) For tuition and mandatory fee determination, an individual who is enrolled in at least 30 semester credit hours, 45 quarter credit hours, or 900 clock hours per award year.

003.09. Enrollment means the establishment and maintenance of an individual's status as a student in a postsecondary institution, regardless of the definition used at that institution.

003.10. Undergraduate Student means an individual who has not earned a first baccalaureate or professional degree and is enrolled in a postsecondary educational program which leads to, or is creditable toward, a first baccalaureate degree, associate degree, certificate, diploma, or equivalent.

003.11. Financial Need means the financial need determined by an eligible postsecondary educational institution for each student in accordance with the federal needs analysis prescribed in Part F of Title IV of the Higher Education Act of 1965 as amended.

003.12. Substantial Financial Need means the need demonstrated by a student who meets the Yearly Maximum Student Aid Index, as defined in Section 003.05.

003.13. Award means a grant of money to an eligible student for educational expenses. Awards shall not exceed fifty percent of the tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the University of Nebraska-Lincoln.

003.14. Award Year means that period from July 1 of one year through June 30 of the succeeding year.

003.15. Award Period means that period of time, as defined by the institution, for which an award is given (example: semester, quarter, 450 contact hours, etc.)

003.16. Tuition and Mandatory Fees means the lesser of the student costs for tuition and mandatory fees for a full-time resident undergraduate student for the last completed award year at the eligible postsecondary educational institution or the student costs for tuition and mandatory fees for a full-time resident undergraduate student for the last completed award year at the University of Nebraska-Lincoln.

003.17. Educational Expenses means student costs for tuition, mandatory fees, other education related fees, room and board, books, and other costs related to students' education.

003.18. Eligible Program means a program of study that is eligible to be funded with federal Title IV funds, as defined by federal regulations.

003.19. Target Level of Funds shall represent the maximum amount of dollars that may be awarded pursuant to the Act to eligible students enrolled in eligible postsecondary educational institutions.

003.20 Located in Nebraska means, for a postsecondary educational institution not eligible prior to September 2, 2023, that a postsecondary educational institution (1) has established a physical location in Nebraska where students may receive instruction, and (2) maintains an administrative office in Nebraska for the purposes of enrolling students, providing information to students about the institution, and providing student support services.

004 COMMISSION RESPONSIBILITIES

004.01. The Commission shall determine a target level of funds to be distributed to students at each eligible postsecondary educational institution. The target is the maximum total amount that may be awarded to eligible students enrolled at eligible postsecondary education institutions, which will be determined as follows:

(1) Determine the number of eligible full-time-equivalent students enrolled at the eligible postsecondary educational institution for the last completed award year;

(2) Multiply the number determined in subdivision (1) of this section by the tuition and mandatory fees as limited pursuant to Section 003.16 of this rule;

(3) Divide the product derived pursuant to subdivision (2) of this section for each eligible postsecondary educational institution by the sum of the products derived pursuant to subdivision (2) of this section for all eligible postsecondary educational institutions; and

(4) Multiply the total dollars appropriated for purposes of distribution pursuant to the Act by the ratio derived pursuant to subdivision (3) of this section.

004.02. Prior to June 1 of each award year, the Commission shall receive a recommendation from each eligible postsecondary educational institution listing proposed awards to eligible students, including name, social security number of each eligible student, and amount of proposed award for each eligible student and other information necessary for the Commission to determine compliance with the Act.

004.03. Within thirty days after receiving recommendations pursuant to 004.02 of this rule, the Commission shall review the recommended awards for compliance with the Nebraska Opportunity Grant Act, its rules and regulations, and notify each eligible postsecondary educational institution of the approval or disapproval of recommended awards.

004.04. If awards are disapproved, the eligible postsecondary institution may resubmit the recommended list of awards to eligible students after modifying the recommendation to address the disapproved awards. The Commission will review the modified list of recommendations in a timely manner.

004.05. Upon approval of awards, the Commission shall distribute funds appropriated to the Nebraska Opportunity Grant Act to each eligible institution, based on the level of approved awards, for direct disbursement to eligible students as determined by the Commission according to the provisions of the Act.

004.06. Each eligible institution shall submit annually to the Commission a year-end report pertaining to the dollars distributed to students within the last completed award year. Only those institutions providing this information are eligible for participation in the program.

004.07. The Commission shall supervise the issuance of public information concerning the Nebraska Opportunity Grant Act.

004.08. The Commission shall assure through regular audits and reports that institutions, as agents of the Commission, maintain fiscal control and fund accounting procedures as are necessary to assure proper disbursement of funds and compliance with the Act.

005 INSTITUTIONAL RESPONSIBILITIES (as agents of the Commission)

005.01. The eligible postsecondary educational institution shall act as an agent of the Commission to disburse the awards directly to eligible students during the award year.

005.02. As agents of the Commission, the eligible postsecondary educational institutions shall:

005.02A. Receive and process applications for awards from enrolled students as determined by the Nebraska Opportunity Grant Act.

005.02B. Determine eligibility of students based on criteria established in Commission rules and regulations as set forth in the definitions of the Act.

005.02C. Determine awards without regard to race, creed, color, national origin, ancestry, age, sex, or handicap.

005.02D. Submit, prior to June 1 of each award year, recommendations as often as necessary to the Commission for awards to eligible students, including the name of each eligible student, social security number of each eligible student, the recommended amount for each eligible student, and other information necessary for the Commission to determine compliance with the Act.

005.02E. After notification of approval of awards to eligible students and distribution of total award amounts approved for eligible students by the Commission, disburse the awards directly to the eligible students during the award year.

005.02F. Require all award recipients to certify that the award will be used only for educational expenses.

005.03. Maintenance of all recipient records of awards shall be the responsibility of the eligible postsecondary educational institution.

005.04. Disbursement of awards made by an institution shall cover at least one award period but no more than one award year. This does not prevent an institution from making awards to the same students in successive years.

005.05. To participate in the Act, all eligible postsecondary educational institutions shall complete an annual application and statement of assurance provided by the Commission for such purpose. Postsecondary educational institutions failing to complete these documents, in their entirety within the time period allowed, may be deemed ineligible to participate in the Act for the application award year. (See Appendices A and B)

005.06. An audit trail shall be established by each participating institution. institutional and student records are subject to normal auditing procedures by the State of Nebraska and the Coordinating Commission for Postsecondary Education pursuant to the requirement that institutions maintain fiscal and fund accounting procedures necessary to assure proper disbursement of funds and compliance with the Act.

005.07. Any award recipient that discontinues attendance before the end of the award year shall remit any award balance allowable to the eligible postsecondary institution pursuant to the institution's withdrawal policy.

005.08. Award funds not awarded within the award year in which the funds were allocated shall be returned to the Commission by the institution at a time specified by the Commission.

005.09. Eligible institution reporting requirements:

005.09A. The eligible postsecondary educational institution shall submit yearly reports as requested by the Commission. The reports shall include, but not be limited to: recipient's name, recipient's social security number, amount disbursed to recipient, each recipient's Student Aid Index (SAI) amount, recipient's enrollment status, whether the recipient is a dependent student or independent student, and the institution's unmet need data as defined by the Commission.

005.09B. The eligible postsecondary educational institution shall comply with the Commission's request for reports to verify award amounts and eligibility of individual student recipients. Any eligible postsecondary educational institution not providing the requested reports as outlined by the Commission within the time period allowed shall be deemed in non-compliance with the Nebraska Opportunity Grant Act and may be ineligible to participate in the Act and receive grant funding for eligible students.

005.10. Aid may not be awarded or disbursed from this Act if that aid, when combined with all other resources, would exceed the student's financial need or is not in compliance with federal award guidelines.

006 STUDENT RESPONSIBILITIES

006.01. A student shall apply for federal financial aid through the Free Application for Federal Student Aid for the applicable award year.

006.02. A student shall have a Student Aid Index of no more than the Yearly Maximum Student Aid Index for the current award year.

006.03. The student shall complete a financial aid application at the eligible postsecondary education institution to be eligible to be considered for an award.

006.04. A student shall be an undergraduate and a resident who is domiciled in Nebraska as provided by Neb. Rev. Stat. § 85-502.

006.05. A student receiving an award under the Nebraska Opportunity Grant Act shall certify that the award will be used for educational expenses only.

006.06. The student shall maintain satisfactory academic progress as defined by the institution.

006.07. If the student award recipient discontinues attendance before the end of an award period, the student shall remit to the institution any award balances in accordance with the institution's withdrawal or refund policy addressing that issue.

007 STUDENT APPEAL PROCESS

007.01. Students who are adversely affected by the actions of the Commission or an eligible postsecondary educational institution in the distribution of funds or granting of awards may appeal the decision.

007.01A. Students shall first make an appeal directly through the eligible postsecondary educational institution's financial aid appeal procedure.

007.01B. Students who desire further consideration of an institutional decision may appeal, in writing, to the Coordinating Commission for Postsecondary Education within 21 calendar days of the institutional decision. The decision of the Commission shall be binding.

History

• Effective 2025-06-23

Chapter 6 Rules and Regulations Concerning the Access College Early Scholarship Program Act

Neb. Admin. Code tit. 281, ch. 6 Rules and Regulations Concerning the Access College Early Scholarship Program Act {#sec-281-nac-6 omnilex-key=us-ne-regs-official--title-281--281 NAC 6}

001. PURPOSE AND OBJECTIVES . The purpose of the Access College Early Scholarship Program is to provide financial assistance to low-income students for courses to be taken for credit from a qualified postsecondary educational institution while still enrolled in high school.

002. STATUTORY AUTHORITY . This rule is adopted pursuant to authority granted to the Coordinating Commission for Postsecondary Education in Neb. Rev. Stat. §§ 85-1411, 85-1412, and 85-2108.

003. DEFINITIONS .

003.01 Commission means the Coordinating Commission for Postsecondary Education.

003.02 Extreme hardship means any event, including but not limited to fire, illness, accident, or job loss, that has recently resulted in a significant financial difficulty for a student or the student’s parent or legal guardian.

003.03 Postsecondary educational institution means a two-year or four-year college or university which is a member institution of an accrediting body recognized by the United States Department of Education.

003.04 Qualified postsecondary educational institution means a postsecondary educational institution located in Nebraska which has agreed, on a form developed and provided by the Commission, to comply with the requirements of the act. The form may be found on the Commission’s website.

003.05 Student means a student attending a Nebraska high school with a reasonable expectation that such student will meet the residency requirements of Neb. Rev. Stat. § 85-502 upon graduation from a Nebraska high school.

003.06 Career program or plan of study means a sequence of at least three high school courses that (a) may include dual-credit or college credit courses, (b) are part of a career pathway program of study aligned with (i) the rules and regulations of the State Department of Education, (ii) a professional certification requirement, or (iii) the requirements for a postsecondary certification or diploma, and (c) have at least one local member of business or industry partnering as an official advisor to the program.

004. STUDENT APPLICATION .

004.01 A student who is applying to take one or more courses for credit from a qualified postsecondary educational institution is eligible for the Access College Early Scholarship Program if:

004.01(A) Such student or the student’s parent or legal guardian is eligible to receive:

004.01(A)(i) Supplemental Security Income;

004.01(A)(ii) Supplemental Nutrition Assistance Program;

004.01(A)(iii) Free or reduced-price lunches under United States Department of Agriculture child nutrition programs subject to subsection 004.01(D);

004.01(A)(iv) Temporary Assistance for Needy Families; or

004.01(A)(v) Assistance under the federal Special Supplemental Nutrition Program for Women, Infants, and Children; or

004.01(B) The student or the student’s parent or legal guardian has experienced an extreme hardship; or

004.01(C) The student is enrolled in a career program or plan of study and the student’s family has an annual household income at or below two hundred percent of the federal poverty level.

004.01(D) A student attending a high school that participates in the U.S. Department of Agriculture’s Community Eligibility Provision or other federal program that allows all students to receive free meals shall demonstrate to the school district individual eligibility to participate in the U.S. Department of Agriculture’s Free or Reduced-Price Lunch program by:

004.01(D)(i) inclusion on the direct certification list available from the Nebraska Department of Education, or

004.01(D)(ii) submission of the household application for free or reduced-price lunches or a district-specific equivalent application to the school district.

004.02 The student must complete an application developed by the Commission for each term. The Commission shall determine the date when the application process for each term opens. The application may be found on the Commission’s website.

004.03 An applicant must submit the completed application to an official designated by the high school. The application must include documentation supporting eligibility under section 004.01.

004.04 The official designated by the high school shall verify the student’s eligibility, except under subsection 004.01(B), for the scholarship. The official designated by the high school shall forward the application to the Commission for review within 15 days following receipt of the form from the student.

004.05 The student must submit an application prior to the deadline date established by the Commission for each term.

005. COMMISSION RESPONSIBILITIES .

005.01 The Commission shall verify the student’s eligibility under the act by reviewing the submitted application to ensure it has been properly completed.

005.02 The Commission shall notify the student and the official designated by the high school of the verification of eligibility and the award amount in writing within thirty days following receipt of enrollment verification from the postsecondary institution. Notification must be given in writing, whether by U.S. mail or e-mail.

005.03 The Commission shall establish priority dates for each term. Priority shall be given to students applying for the scholarship who meet the requirements in subsection 004.01A and 004.01B.

005.04 The Commission shall credit the amount of any returned scholarship awards to the Access College Early Scholarship Program Fund to provide additional scholarships.

006. QUALIFIED POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES .

006.01 The qualified postsecondary educational institution agrees to provide the following information required by the Commission to carry out the act:

006.01(A) The course ID;

006.01(B) The course credit hours;

006.01(C) The grade earned for the course; and

006.01(D) The tuition and mandatory fees charged for the course. Should the course be a part of a career program or plan of study, the amount the ACE program will reimburse is the actual charges for tuition and mandatory fees or $250, whichever is less. Otherwise, the amount the ACE program will reimburse is the actual charges for tuition and mandatory fees or an amount equal to the tuition and fees for the same number of credit hours if the student were taking the course as a full-time, resident, undergraduate student from the University of Nebraska-Lincoln, whichever is less.

006.02 The Commission may withhold payment of the scholarship award amount from a qualified postsecondary educational institution until the period passes when a student may receive a full refund for withdrawing from a course.

006.02(A) When a student withdraws from a course during the full refund period and the Commission has paid a scholarship award to the qualified postsecondary educational institution, the institution must notify the Commission of the withdrawn course and may either refund the scholarship money to the Commission or reduce the requested amount in the next distribution.

006.02(B) When a student withdraws from a course after the full refund period and the Commission has paid a scholarship award to the qualified postsecondary educational institution, the institution may either refund the scholarship money to the Commission or reduce the requested amount in the next distribution pursuant to the institution’s refund policy.

006.03 A qualified postsecondary educational institution must provide a refund when an overpayment occurs for a course for which a scholarship was awarded.

006.03(A) When an overpayment exists and the student and/or the student’s parent/guardian made a payment on the account, the student and/or the student’s parent/guardian must be refunded first, up to the amount paid by such person.

006.03(B) When an overpayment occurs due to a payment from any source other than those identified in 006.03A, the qualified postsecondary educational institution must first refund the overpayment to the Commission, up to the amount paid by the Commission pursuant to the Access College Early Scholarship Program Act.

007. APPEAL PROCESS .

007.01 A student or the student’s parent or legal guardian may request in writing a review of any adverse decision by requesting such review within 20 days following notice of the adverse decision, addressed to the Executive Director of the Commission. The review shall be pursuant to the Administrative Procedure Act.

History

• Effective 2023-06-14

Chapter 7 Rules and Regulations for the Post-Secondary Institution Act

Neb. Admin. Code tit. 281, ch. 7 Rules and Regulations for the Post-Secondary Institution Act {#sec-281-nac-7 omnilex-key=us-ne-regs-official--title-281--281 NAC 7}

001. AUTHORIZATION TO OPERATE

001.01. Any postsecondary institution intending to operate in the State of Nebraska by establishing a physical presence in this state must receive an authorization to operate from the Commission.

001.02. Unless otherwise specified in an interstate reciprocity agreement, the provisions of this chapter shall not apply to:

001.02(A). Any institution or organization which offers education or instruction and which is licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff;

001.02(B). Any private postsecondary career school as defined in the Private Postsecondary Career School Act, except for purposes of interstate reciprocity agreements for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subsections (5) and (6) of section 85-2405;

001.02(C). Institutions solely offering a short course or seminar if instruction for the short course or seminar takes no more than twenty classroom hours and the institution offers no more than two courses as defined by the commission in a calendar year;

001.02(D). Institutions offering courses or programs on a military installation solely for military personnel or civilians employed on such installation;

001.02(E). An educational experience arranged for an individual student, such as a clinical, practicum, residency, or internship;

001.02(F). Institutions offering courses exclusively online or through the United States mail or similar delivery service which do not require the physical meeting of a student with instructional staff; or

001.02(G). Institutions offering a course or program that requires students to physically meet in one location for instructional purposes not more than once during the course term.

001.03. The following institutions shall be deemed to have an authorization to operate on a continuing basis:

001.03(A). All out-of-state public postsecondary institutions with a physical presence that for at least twenty academic years have continuously offered one or more four-year undergraduate programs in Nebraska in compliance with state and federal law;

001.03(B). All private postsecondary institutions with a physical presence that for at least twenty academic years, under the same ownership, have continuously offered one or more four-year undergraduate programs in Nebraska in compliance with state and federal law; and

001.03(C). All Nebraska public postsecondary institutions.

001.04. An institution with a recurrent authorization to operate may request authorization to operate on a continuing basis if it has, for at least twenty academic years under the same ownership, continuously offered one or more graduate or four-year undergraduate programs with a physical presence in Nebraska in compliance with state and federal law. The request shall take the form of a letter to the commission. The commission will review the request, which shall include any further information as required by the commission.

002 STATUTORY AUTHORITY . This rule is adopted pursuant to authority vested in the Coordinating Commission for Postsecondary Education in Neb. Rev. Stat. §§ 85-1411, 85-2405, and 85-2406.

003. DEFINITIONS .

003.01. Authorization to operate means either an authorization to operate on a continuing basis or a recurrent authorization to operate.

003.02. Authorization to operate on a continuing basis means approval by the Commission to operate a postsecondary institution in this state without a renewal requirement.

003.03. Change of ownership means a change in the person, entity or governing body that has an ownership interest in an institution.

003.03(A). Change in ownership includes, but is not limited to, the following transactions:

003.03(A)(i). The sale or transfer to, or acquisition by, a new owner of all, or a substantial portion, of the institution’s assets;

003.03(A)(ii). Stock transactions including Initial Public Offerings of stock as well as transactions wherein an individual, entity, or group acquires and controls 50 percent or more of the total outstanding shares of stock of the institution, or an individual, entity or group increases or decreases ownership or control of shares to greater or less than 50 percent of the total outstanding shares of the stock of the institution;

003.03(A)(iii). Change in corporate form, including, but not limited to, change from Sole Proprietorship to Partnership or Corporation, Limited Partnership to Corporation, Limited Liability Corporation to a Corporation, Not-for-Profit Corporation controlled by members to one controlled by a Board of Directors;

003.03(A)(iv). Any of the transactions in items 1 through 3 above involving a parent corporation that owns 90 percent or more of the institution and controls the institution, or in any intermediate subsidiary of a parent corporation where that subsidiary has a controlling relationship to the institution and where the transaction may reasonably affect the control of the institution as determined by the commission or by the U.S. Department of Education.

003.03(B). Change in ownership does not include:

003.03(B)(i). A transfer of ownership or stock that occurs as a result of the retirement or death of an owner or stockholder if transfer is to a member of the owner’s family who has been directly and constantly involved in the management of the institution for a minimum of two years preceding the transfer. For purposes of this section, a member of the owner’s family is a parent, sibling, spouse, child or grandchild; spouse’s parent or sibling; or sibling’s or child’s spouse.

003.03(B)(ii). The merger or consolidation of an institution with another institution holding a current authorization to operate from the commission.

003.04. Commission means the Coordinating Commission for Postsecondary Education.

003.05. Executive director means the executive director of the commission or his or her designee.

003.06. For-profit postsecondary institution means any private postsecondary institution that is not exempt for federal tax purposes under section 501 (c) (3) of the Internal Revenue Code as defined in Neb. Rev. Stat. § 49-801.01.

003.07. Interstate reciprocity agreement means an arrangement among member states, districts, and/or territories that establishes comparable national or regional standards for offering postsecondary distance education courses and programs in member states. The commission shall enter into such an agreement after consultation with the state department of education if such an agreement would include private postsecondary career schools and with postsecondary institutions upon which the agreement may have an impact.

003.08. Level of authorization to operate means the type of institutional offerings. The three levels shall be:

003.08(A). establish an administrative office,

003.08(B). offer less than a complete program, or

003.08(C). offer one or more complete programs.

003.08(C)(i). The commission shall specify the academic degree level at which the institution is authorized by the commission to award credentials. These levels shall be less than associate, associate, baccalaureate, master’s, and doctorate, and may be limited by the commission to certain programs or academic disciplines as defined by program title and/or CIP code (Classification of Instructional Programs from the U.S. Department of Education).

003.09. Nebraska public postsecondary institution means any public institution established, operated, and governed by this state or any of its political subdivisions.

003.10. New campus means a facility

003.10A. that meets the following criteria:

003.10(A)(i). Students can complete at least one full program (certificate, diploma, degree) at the location,

003.10(A)(ii). The facility is either owned by an institution or under lease for a period of at least 5 years, and

003.10(A)(iii). The location has its own faculty, administrative head, academic resources, and student services; or

003.10(B). that is deemed to be a new or branch campus by the institution’s accrediting body.

003.11. Out-of-state public postsecondary institution means any public institution in Nebraska that is established, operated, and governed by another state or any of its political subdivisions and that provides postsecondary education.

003.12. Physical presence means:

003.12(A). Offering a course for college credit or a degree program in this state that leads to an associate, baccalaureate, graduate, or professional degree, including:

003.12(A)(i). Establishing a physical location in this state where a student may receive synchronous or asynchronous instruction; or

003.12(A)(ii). Offering a course or program that requires students to physically meet in one location for instructional purposes more than once during the course term; or

003.12(B). Establishing an administrative office in this state, including:

003.12(B)(i). Maintaining an administrative office in this state for purposes of enrolling students, providing information to students about the institution, or providing student support services;

003.12(B)(ii). Providing office space to staff, whether instructional or non- instructional staff; or

003.12(B)(iii). Establishing a mailing address in this state.

003.13. Postsecondary institution means any institution with a physical presence in Nebraska that provides postsecondary education and is exempt from the Private Postsecondary Career School Act.

003.14. Private postsecondary institution means any Nebraska or out-of-state nonpublic postsecondary institution, including any for-profit postsecondary institution or nonprofit Institution.

003.15. Recurrent authorization to operate means approval by the commission to operate a postsecondary institution in this state, including establishing a new campus or an administrative office, until a renewal of such authorization is required.

003.15(A). Modification of a recurrent authorization to operate means approval by the commission of an institution holding a recurrent authorization to operate that seeks to conduct activities outside the scope of its existing authorization, including, but not limited to, establishing a new campus and offering programs at a different level of authorization.

003.15(B). Renewal of a recurrent authorization to operate means approval by the commission of an institution previously authorized to operate at the time such authorization expires.

004. APPLICATION

004.01. Prior to establishing a physical presence in the state, any out-of-state public postsecondary institution or private postsecondary institution shall apply to the commission for a recurrent authorization to operate in the state.

004.02. After receiving a recurrent authorization to operate in the state, any institution seeking to conduct activities outside the scope of its existing authorization must apply for a modification of the recurrent authorization to operate.

004.03. After receiving a recurrent authorization to operate in the state, all institutions shall apply to the commission to renew their recurrent authorization to operate on a schedule specified by the commission, but at least 90 days prior to the expiration of the authorization. If an institution has satisfied the conditions identified in 001.04, it may request authorization to operate on a continuing basis rather than renewal.

004.04. Any Nebraska public postsecondary institution, any private postsecondary institution that has its principal place of business in Nebraska, and any private postsecondary career school that has its principal place of business in Nebraska that wishes to participate in an interstate reciprocity agreement for providing postsecondary distance education shall apply to the commission for approval to participate in the agreement.

005. APPLICATION PROCEDURE .

005.01. Any institution seeking a recurrent authorization to operate, a modification of a recurrent authorization to operate, a renewal of a recurrent authorization to operate, or participation in an interstate reciprocity agreement shall complete the application form and pay the application fee. Copies of the application forms for a recurrent authorization to operate and modification or renewal of a recurrent authorization to operate shall be posted on the Commission’s website. Application to participate in an interstate reciprocity agreement shall be developed by the commission in accordance with the specifications of the interstate reciprocity agreement. The applicant will provide all information requested as a part of the application procedure before the application will be reviewed by the commission.

005.02. A non-refundable fee for costs to review and evaluate applications shall be submitted with each application. Fees shall be set every two years at a regularly scheduled meeting of the commission and posted on the commission website. Re-submission of an application following its withdrawal by institutions seeking authorization or participation in an interstate reciprocity agreement requires an additional fee.

006. MINIMUM STANDARDS FOR AUTHORIZATION TO OPERATE . An institution seeking a recurrent authorization to operate, a modification of a recurrent authorization to operate, or a renewal of a recurrent authorization to operate must demonstrate:

006.01. The financial soundness of the institution and its capability to fulfill its proposed commitments and sustain its operations.

006.02. The quality and adequacy of teaching faculty, library services, and support services.

006.03. The quality of the programs offered, including courses, programs of instruction, degrees, any necessary clinical placements, and the institution's ability to generate and sustain enrollment.

006.04. The specific locations where programs will be offered or planned locations and a demonstration that facilities are adequate at the locations for the programs to be offered.

006.05. Assurances regarding transfer of credits earned in the program to the main campus of such institution and clear and accurate representations about the transferability of credits to other institutions located in Nebraska and elsewhere.

006.06. Whether such institution and, when appropriate, the program, are fully accredited, or seeking accreditation, by an accrediting body recognized by the U.S. Department of Education.

006.07. The institution's policies and procedures related to students, including, but not limited to, recruiting and admissions practices, loan procedures, and tuition and fee policies.

006.08. The tuition refund policy for an institution that does not participate in federal financial aid programs described in Title IV of the federal Higher Education Act of 1965, 20 U.S.C. 1001 et seq., as such act existed on January 1, 2011.

006.09. Any other standards deemed necessary by the commission.

007. MINIMUM STANDARDS FOR PARTICIPATION IN AN INTERSTATE RECIPROCITY AGREEMENT . An institution seeking to participate in an interstate reciprocity agreement must demonstrate compliance with all specifications of the agreement as identified by the member states, districts, and/or territories, including:

007.01. The financial soundness of the institution.

007.02. Whether such institution is accredited by an accrediting body recognized by the U.S. Department of Education.

007.03. Other requirements specified in the interstate reciprocity agreement.

008. PUBLIC HEARING – NEW CAMPUS . Upon receipt of a complete application for a recurrent authorization to operate or modification of a recurrent authorization to operate that includes a request to establish a new campus, the commission shall set a time and a place for a public hearing. The hearing shall be scheduled following a completed review of the application, including any further information submitted by the applicant as required by the commission and any investigation of the applicant as the commission may deem necessary or appropriate, and shall be conducted according to the Administrative Procedure Act. A representative of the institution shall be present during the public hearing and provide information as requested.

009. COMMISSION ACTION .

009.01. The commission shall either approve or deny all applications and requests. Such action shall take place during a regularly scheduled commission meeting, except for approval of participation in an interstate reciprocity agreement which shall be made by the executive director on behalf of the commission. If the application for participation in an interstate reciprocity agreement is made by a private postsecondary career school, the executive director shall consult with the state department of education prior to acting on the application.

009.02. The recurrent authorization to operate shall be for a period of no more than five years. The commission may set terms or conditions on the authorization. Approval of participation in an interstate reciprocity agreement shall be for the period of time determined by the member states, districts, and/or territories and specified in the agreement.

009.03. A recurrent authorization to operate or an authorization to operate on a continuing basis shall be granted to the owner or governing body of an institution and shall be non-transferrable. Should ownership of an institution change, the new owner shall have 30 days from the date of the transfer of ownership to apply to the commission for a recurrent authorization to operate.

009.04. All contacts with the commission will be made through the Executive Director or his/her designee. The Executive Director or his/her designee shall notify the applicant in writing of the action by the commission.

010. REPORTING

010.01. Each institution holding a recurrent authorization to operate shall provide a report in a form prescribed by the commission annually from the date of the recurrent authorization. The reports shall include the number of students enrolled and the number of students graduated for each program offered by the institution in Nebraska. The report shall also include other information specified by the commission in the recurrent authorization to operate.

010.02. Each institution participating in an interstate reciprocity agreement shall report to the commission any information or data specified in the agreement in the time frame designated in the agreement.

011. ACTIVITIES REQUIRING COMMISSION NOTIFICATION .

011.01. An institution authorized to operate shall provide notification in writing to the commission at least 30 days prior to initiating the following activities:

011.01(A). Changing address or location.

001.01(B). Opening a new instructional site.

011.02. An institution holding a recurrent authorization to operate shall provide notification in writing to the commission at least 30 days prior to initiating these additional activities:

011.02(A). Offering new programs within the scope of the institution’s existing authorization.

011.02(B). Changing the administrative head of the Nebraska campus or location.

012. VIOLATION OF THE POSTSECONDARY INSTITUTION ACT .

012.01. Any postsecondary institution with a recurrent authorization to operate which ceases to meet any of the requirements of the Postsecondary Institution Act, any rules or regulations adopted and promulgated under the act, or any terms or conditions specified by the commission for authorization to operate under the act, shall be subject to the hearing process and commission review pursuant to section 85-2414.

012.02. Any person claiming damage or loss as a result of any act or practice by a postsecondary institution which is a violation of the Postsecondary Institution Act, of the rules and regulations adopted and promulgated under the act, or of standards established pursuant to section 85-2406, may, upon exhausting institutional complaint processes, file a complaint with the commission against such institution pursuant to section 85-2418.

012.03. Any person claiming damage or loss as a result of any act or practice by a Nebraska public postsecondary institution or a private postsecondary institution that has its principal place of business in Nebraska and is participating in an interstate reciprocity agreement that is a violation of any rules, regulations, or conditions specified for participation in the interstate reciprocity agreement may, upon exhausting institutional complaint processes, file a complaint with the commission against such institution pursuant to section 85-2418 and procedures identified in the interstate reciprocity agreement. The commission shall document all complaints and actions taken and follow any additional procedures required under the interstate reciprocity agreement.

012.04. Any person claiming damage or loss as a result of any act or practice by a private postsecondary career school that has its principal place of business in Nebraska and is participating in an interstate reciprocity agreement that is a violation of any rules, regulations, or conditions specified for participation in the interstate reciprocity agreement may file a complaint with the state board of education pursuant to section 85-1635 and procedures identified in the interstate reciprocity agreement.

013. RIGHT TO APPEAL . Any person aggrieved or adversely affected by any final action of the commission or action taken by the executive director on behalf of the commission may appeal such action. The appeal shall be in accordance with the Administrative Procedure Act.

014. RELATED CHAPTER . Chapter 8 of Title 281of the Nebraska Administrative Code provides the procedures for the administration of the Guaranty Recovery Cash Fund. Copies of these related regulations are available from the Coordinating Commission for Postsecondary Education or can be found on the Commission’s website.

History

• Effective 2018-07-15

Chapter 8 Guaranty Recovery Cash Fund

Neb. Admin. Code tit. 281, ch. 8 Guaranty Recovery Cash Fund {#sec-281-nac-8 omnilex-key=us-ne-regs-official--title-281--281 NAC 8}

001. GENERAL INFORMATION .

001.01 Statutory Authority. This chapter is adopted pursuant to Neb. Rev. Stat. § 85-2422 et seq.

001.02 Scope of this Chapter. This chapter provides the procedures for the administration of the Guaranty Recovery Cash Fund.

001.03 Related Chapter. Chapter 7 of Title 281 of the Nebraska Administrative Code provides the procedures for the authorization of for-profit postsecondary institutions to operate in Nebraska. Copies of these related regulations are available from the Coordinating Commission for Postsecondary Education or can be found on the Commission’s website.

002. DEFINITIONS . As used in this chapter:

002.01 Act means the Postsecondary Institution Act.

002.02 Assessment means the amount a for-profit postsecondary institution is required to pay into the Guaranty Recovery Cash Fund based on one-tenth of one percent (.001) of the assessment year's gross tuition revenue.

002.03 Assessment year means the institution's most recently completed fiscal year.

002.04 Authorization to operate means either an authorization to operate on a continuing basis or a recurrent authorization to operate as approved by the Commission.

002.05 Branch facility means a facility in Nebraska (a) which is separate from a principal facility , (b) which offers a full program and full student services, (c) which is under the supervision of an onsite director or administrator, and (d)(i) the ownership, management, and control of which are the same as the principal facility , which principal facility is responsible for the delivery of all services, or (ii) at which education is offered by a franchisee of a franchisor authorized to operate as a postsecondary institution by the act .

002.06 Claim means a written request for refund or reimbursement filed with the Commission by (a) a student who alleges to be injured by the termination of operations of a for-profit postsecondary institution , or (b) by the University of Nebraska to recover expenses incurred in the course of complying with its duties under 85-173 and 85-174 in the event of the termination of operations of a for-profit postsecondary institution , or (c) by the Commission , on behalf of the State of Nebraska, for reimbursement of distributed but unreturned Nebraska Opportunity Grant awards in the event of the termination of operations of a for-profit postsecondary institution .

002.07 Claimant means (a) a student who files a claim for reimbursement as a result of alleged injury by the termination of operations of a for-profit postsecondary institution, or (b) the University of Nebraska if filing a claim for reimbursement of expenses incurred in the course of complying with its duties under 85-173 and 85-174 in the event of the termination of operations of a for-profit postsecondary institution , or (c) by the Commission , on behalf of the State of Nebraska, for reimbursement of distributed but unreturned Nebraska Opportunity Grant awards in the event of the termination of operations of a for-profit postsecondary institution .

002.08 Class means a course that, if successfully completed, can be applied toward the number of courses required for achieving a postsecondary degree, diploma, certificate, or other formal award.

002.09 Commission means the Coordinating Commission for Postsecondary Education.

002.10 Executive Director means the Executive Director of the Commission or his or her designee.

002.11 Fee means a fixed charge for, but not limited to, registration fee, lab fees and the cost of materials, or equipment, if they are designated as fees by the institution.

002.12 For-profit postsecondary institution means any private postsecondary institution that is not exempt for federal tax purposes under section 501(c)(3) of the Internal Revenue Code as defined in Neb. Rev. Stat. § 49-801.01.

002.13 Fund means the Guaranty Recovery Cash Fund.

002.14 Gross tuition revenue means the total tuition and fees received during the assessment year , less tuition and fees refunds, received by a principal facility or branch facility located in this state.

002.15 Guaranty Recovery Cash Fund means a fund established from the assessments of for-profit postsecondary institutions for use in settling claims due to termination of operations of a for-profit postsecondary institution .

002.16 Maximum fund level means the amount specified in Neb. Rev. Stat. § 85-2423(1).

002.17 Minimum fund level means the amount specified in Neb. Rev. Stat. § 85-2423(1).

002.18 Postsecondary institution means any institution with a physical presence in Nebraska that provides postsecondary education and is exempt from the Private Postsecondary Career School Act.

002.19 Principal facility means the primary physical presence in Nebraska of a postsecondary institution.

002.20 Recurrent authorization to operate means approval by the Commission to operate a postsecondary institution in this state, including establishing a new campus or an administrative office, until a renewal of such authorization is required.

002.21 Student injured by the termination of operations by a for-profit postsecondary institution means (i) a student who has paid tuition and fees to the institution for which classes were offered but not finished due to termination of operations, (ii) a student who has paid tuition and fees to the institution for which classes were not offered and no refunds were made, or (iii) a student who ceased to be enrolled in classes at an institution while the institution was in operation and to whom a refund of unearned tuition and fees became due from the institution after the institution terminated operations and no refunds were made within the institution’s required time period following the student’s withdrawal from the institution.

002.22 Termination of operations means the act of a for-profit postsecondary institution ceasing to offer all of its educational classes to the public.

002.23 Tuition means money charged for instruction.

002.24 Unearned tuition and fees means money paid by an individual to an institution for classes which will be held in a future attendance period and for classes which are no longer available due to termination of operation of the institution.

003. PROCEDURES FOR THE ADMINISTRATION OF THE FUND .

003.01 Except as provided under section 003.04, each for-profit postsecondary institution authorized to operate in the state must pay into the fund in each assessment year , an amount equal to one-tenth of one percent (.001) of the institution's gross tuition revenue for the assessment year until the fund reaches the minimum fund level .

003.02 All payments made into the fund must be maintained by the State Treasurer and deposited into the Guaranty Recovery Cash Fund .

003.02(A) The assets of the fund may not be expended for any purpose except as provided under section 005 of this rule.

003.02(B) The fund must be administered by the Commission.

003.02(C) The fund must be maintained between the minimal fund level and maximum fund level.

003.02(D) At any time when the fund drops below the minimum fund level , the Commission may resume the assessment .

003.02(E) Funds in excess of the maximum fund level must be used as directed by the Commission to provide grants or scholarships for students attending for-profit postsecondary institutions in Nebraska as provided under section 006.

003.03 Payment into the fund must be made in the form of a company or cashier's check or money order made payable to the "Coordinating Commission for Postsecondary Education" and received no later than 30 days after the assessment year .

003.03(A) The for-profit postsecondary institution must certify on forms provided by the Commission that the institution maintains for five years a verifiable set of records which document the reported gross tuition revenue collected and shall make such records available to the Commission on request. Any such records made available to the Commission may be withheld from the public to the extent allowed by Neb. Rev. Stat. § 84-712.05. A copy of the form to be used may be found on the Commission website.

003.03(B) At the time of payment of the assessment , the for-profit postsecondary institution must submit to the Commission documentation supporting the gross tuition revenue used in calculating the assessment under section 003.01.

003.04 A for-profit postsecondary institution applying for an initial recurrent authorization to operate from the Commission after September 1, 2017, must not be assessed in its first fiscal year but must be assessed each year thereafter for four years or until the fund reaches the minimum fund level , whichever occurs last.

003.05 A for-profit postsecondary institution applying for an initial recurrent authorization to operate from the Commission after September 1, 2017, may be required to file with the Commission a security bond or other surety agreement equivalent to the projected highest annual tuition revenue collected by the institution over five years subsequent to the approval granted by the Commission to operate in Nebraska. This requirement may be met by:

003.05(A) A good and sufficient surety bond.

003.05(B) Other surety agreements acceptable to the Commission include only the following:

003.05(B)(i) An escrow account that provides the Commission with a recourse against the assets in the account as it would have against an insurance company on a bond. The terms on such an account would be the same as the terms on a bond.

003.05(B)(ii) An irrevocable Letter of Credit from a bank, made payable to the State of Nebraska and deposited with the Commission. The Irrevocable Letter of Credit will be released to the institution a year after the institution has ceased to be in operation, or immediately when replaced by another instrument with a similar amount.

003.05(C) The bond or agreement must be executed by the applicant as principal and by a surety company qualified and authorized to do business in the state. The bond or agreement must be conditioned to provide indemnification to any student or enrollee or his or her parent or guardian determined to have suffered loss or damage by the termination of operations by the for-profit postsecondary institution . The surety must pay any final judgment rendered by any court of this state having jurisdiction upon receipt of written notification of the judgment. Regardless of the number of years that such bond or agreement is in force, the aggregate liability of the surety thereon must in no event exceed the penal sum of the bond or agreement. The bond or agreement may be continuous.

003.05(D) Until the Guaranty Recovery Cash Fund initially reaches the minimum fund level , the bond or other security agreement of an institution must cover the period of the recurrent authorization to operate except when a surety is released as provided under section 003.05(E).

003.05(E) A bond or other security agreement may be released after such surety serves written notice on the Commission thirty days prior to the release. Such release must not discharge or otherwise affect any claim previously or subsequently filed by a student or enrollee or his or her parent or guardian provided for under section 004 for the termination of operations by the for-profit postsecondary institution during the term for which tuition has been paid while the bond or agreement was in force.

003.05(F) During the term of the bond or agreement and upon forfeiture of the bond or agreement, the Commission retains a property interest in the surety’s guarantee of payment under the bond or agreement which is not affected by the bankruptcy, insolvency, or other financial incapacity of the operator or principal on the bond or agreement.

004. FILING OF CLAIMS . A claim may be filed only if it arises out of the termination of operation by a for-profit postsecondary institution on or after September 1, 2017. Claims by students who ceased to be enrolled in classes which continued to be offered by an institution after the student ceased enrollment are not eligible claims.

004.01 Claims must be filed with the Commission within one (1) year after termination of operation of an institution. Claims filed after one (1) year must not be considered.

004.02 Claims must be in writing on forms provided by the Commission and must be forwarded to the Coordinating Commission for Postsecondary Education. Claim forms to be used may be found on the Commission website.

004.03 Claims must be accompanied by documents such as receipts, canceled checks, or executed enrollment agreements which verify payment of tuition and fees .

004.04 Where appropriate documentation is not provided and the availability of documentation is beyond the control of the claimant, the validity of the claim may be determined based on the available evidence.

004.05 Following receipt of the claim by the Commission, the Executive Director or his or her designee(s) may investigate and must review the claim and the Executive Director must make written recommendations regarding the claim to the Commission . In arriving at the recommendations, the Executive Director or his or her designee(s) may request that a claimant submit additional documentation, explanation, and/or meet with the Executive Director or his or her designee(s). A copy of the Executive Director’s written recommendations to the Commission must be mailed to the claimant by certified mail with return receipt requested.

004.06 If the claimant disagrees with the Executive Director's written recommendations, he or she must have an opportunity to submit written comments and/or documentation with the Commission within fifteen (15) days following receipt of the written recommendations. The Commission must consider both the Executive Director’s written recommendations and the claimant’s submission in rendering its decision on the disputed claim. The Commission’s decision must be final.

004.07 If the claimant declines to seek review of the Executive Director’s recommendations within the timeframe set out in section 004.06, the Commission may act on the recommendations of the Executive Director without further notice to the claimant.

005. DISBURSEMENT OF FUND . The purpose of the fund is to pay claims authorized pursuant to Neb. Rev. Stat. § 85-2426.

005.01 Money in the Guaranty Recovery fund must be used in the following order of priority:

005.01(A) To reimburse any student injured by the termination of operations by a for-profit postsecondary institution on or after September 1, 2017, for the cost of tuition and fees ;

005.01(B) To reimburse any former student of a for-profit postsecondary institution that has terminated operations on or after September 1, 2017, for the cost of obtaining such student’s student records;

005.01(C) To reimburse the University of Nebraska for reasonable expenses directly associated with the storage and maintenance of academic records pursuant to Neb. Rev. Stat. §§ 85-173 and 85-174 of those students adversely affected by termination of operations by a for-profit postsecondary institution ; and

005.01(D) To reimburse the Nebraska Opportunity Grant Fund for any funds distributed to a for-profit postsecondary institution for an academic term that was not completed by students receiving awards under the Nebraska Opportunity Grant Act due to the termination of operations by a for-profit postsecondary institution on or after September 1, 2017, to the extent such funds are not returned to the Nebraska Opportunity Grant Fund by the for-profit postsecondary institution .

005.02 Claims against the fund may be paid in whole or in part, based upon the extent to which the class objectives were met for each claimant , and taking into account considerations including but not limited to:

005.02(A) Amounts available and likely to become available to the fund for payment of claims;

005.02(B) Total amount and number of claims presented or reasonably likely to be presented in the future;

005.02(C) Total amount and number of claims caused by the termination of operation of an institution;

005.02(D) Amounts paid out from the fund on claims in the past;

005.02(E) Total amount of monies paid to the institution by identified or prospective claimants.

005.02(F) When the institution holds a surety bond, the claimant first must file a claim against the surety bond holder or against the holder of such other security agreement which the institution has filed with the Commission .

006. FUND BALANCE IN EXCESS OF MAXIMUM FUND LEVEL . When the fund exceeds the maximum fund level , funds in excess of the maximum fund level must be used as directed by the Commission to provide grants or scholarships for students attending for-profit postsecondary institutions in Nebraska.

007. PENALTY . The authorization to operate of any for-profit postsecondary institution which fails to comply with the provisions of this rule must be subject to revocation pursuant to Chapter 7 of Title 281 of the Nebraska Administrative Code.

008. ADVERTISING . A for-profit postsecondary institution may include references to the Guaranty Recovery Cash Fund in advertising or information provided to students or prospective students. Any such reference must clearly describe the protection and limitations prescribed in Neb. Rev. Stat. § 85-2426 and sections 004 and 005 of this chapter.

History

• Effective 2025-06-23

Chapter 9 Rules and Regulations Concerning Capital Construction

Neb. Admin. Code tit. 281, ch. 9 Rules and Regulations Concerning Capital Construction {#sec-281-nac-9 omnilex-key=us-ne-regs-official--title-281--281 NAC 9}

[NOTE: Italicized words are defined in Section 004. DEFINITIONS.]

001 CONSTITUTIONAL AUTHORITY . Applicable sections of the Constitution of the State of Nebraska, article VII, section 14, relating to the establishment and authority of the Coordinating Commission for Postsecondary Education include:

001.01 COMPREHENSIVE STATEWIDE PLAN FOR POSTSECONDARY EDUCATION. Authority to adopt and revise as needed, a Comprehensive Statewide Plan for Postsecondary Education, which shall include plans for facilities which utilize tax funds designated by the Legislature .

001.02 CAPITAL CONSTRUCTION PROJECTS. Authority to review, monitor, and approve or disapprove each public postsecondary educational institution's capital construction projects which utilize tax funds designated by the Legislature in order to provide compliance and consistency with the Comprehensive Statewide Plan and to prevent unnecessary duplication .

001.03 BUDGET REQUEST RECOMMENDATIONS. Authority to review and modify, if needed, to promote compliance and consistency with the Comprehensive Statewide Plan and prevent unnecessary duplication , the budget requests of each public postsecondary educational institution's governing board .

001.04 ADDITIONAL POWERS. Additional powers and duties provided to the Commission by the Legislature related to postsecondary education, as long as such powers and duties do not invade the governance and management authority of the Board of Regents of the University of Nebraska and the Board of Trustees of the Nebraska State Colleges as provided in the Constitution of Nebraska.

001.05 PROPERTY TAX REVENUE. Nothing in Neb. Const. art. VII, § 14 providing for statewide coordination shall limit or require the use of property tax revenue by and for community colleges.

002 STATUTORY AUTHORITY . Applicable Nebraska Statutes include:

002.01. Neb. Rev. Stat. §§ 85-1401, 85-1402 subsections (1), (2), (3), (5), (7), and (8), 85-1403, 85-1404, 85-1410 subsection (4), 85-1411 subsection (4), 85-1412 subsections (1) and (6), 85-1413 subsections (1) to (6), 85-1414 subsections (1), (9), (10), and (11), 85-1416 subsections (1) and (3), 85-1417, 85-1418, 85-1421 to 85-1423, and 85-1425 to 85-1427 relating to a statewide facilities information base, Commission review of institutional facilities plans , proposed capital construction projects , and capital construction budget requests review, recommendations, and prioritization.

002.02. Neb. Rev. Stat. § 85-2233 subsection (3) relating to coordination by the Commission of community college aid distribution.

003 SCOPE AND RELATED PROVISIONS

003.01. These rules and regulations relate to:

003.01(A). Providing a state-level uniform information system for all public postsecondary education systems and institutions that will insure the Legislature and other state agencies obtain timely and accurate information concerning facilities;

003.01(B). Commission review of and comment about public institutional facilities plans ;

003.01(C). Commission review, monitoring, and approval or disapproval of applicable capital construction projects ; and

003.01(D). Commission review and recommended modification, approval, or disapproval of the University of Nebraska's and Nebraska State Colleges' capital construction budget requests and major capital construction deficit appropriation requests, and development of a unified statewide prioritization of these requests.

003.02. The Commission shall coordinate its responsibilities with both the Executive and Legislative branches of State government, and the governing boards of the State's public institutions .

003.03. The provision of a statewide facilities information base, review of proposed institutional facilities plans , capital construction projects , and capital construction budget requests shall be subject to the rules contained herein; the Comprehensive Statewide Plan for Postsecondary Education, which includes the Statewide Facilities Plan; the Commission's budgetary review process; and such other rules, regulations, and guidelines as shall be adopted and promulgated by the Commission .

004 DEFINITIONS

004.01 CAPITAL CONSTRUCTION PROJECT . Shall mean a project which utilizes tax funds designated by the Legislature and shall be: Any proposed new capital structure ; any proposed addition to, renovation of, or remodeling of a capital structure ; any proposed acquisition of a capital structure by gift, purchase, lease-purchase, or other means of construction or acquisition; or any combination thereof that 1) will be directly financed in whole or in part with tax funds designated by the Legislature totaling at least the minimum capital expenditure for purpose of this definition, or 2) is likely, as determined by the institution, to result in an incremental increase in appropriation or expenditure of tax funds designated by the Legislature of at least the minimum capital expenditure for the facility's operations and maintenance costs in any one fiscal year within a period of ten years from the date of substantial completion or acquisition of the project. For purposes of this definition:

004.01(A) DIRECTLY FINANCED . Shall mean funded by: 1) Appropriation of tax funds designated by the Legislature for the specific capital construction project; 2) property tax levies authorized pursuant to Neb. Rev. Stat. § 85-1517 used to establish a capital improvement and bond sinking fund pursuant to Neb. Rev. Stat. § 85-1515; or 3) that portion of tax funds designated by the Legislature and appropriated by the Legislature for the general operation of the public institution and utilized to fund the capital construction project .

004.01(B) INCREMENTAL INCREASE . Shall mean an increase in appropriation or expenditure of tax funds designated by the Legislature of at least the minimum capital expenditure for a facility's operations and maintenance costs, beyond any increase due to inflation, to pay for a capital structure's operations and maintenance costs that are a direct result of a capital construction project.

004.01(C) MINIMUM CAPITAL EXPENDITURE . Shall mean: 1) for purposes of construction or acquisition pursuant to this definition of capital construction project , a base amount as required by statute, and 2) for purposes of the facility's operations and maintenance costs pursuant to this definition of capital construction project , a base amount adjusted for inflation as required by statute for any one fiscal year. The base amount for the facility's operations and maintenance costs shall be subject to any inflationary or market adjustments made by the Commission pursuant to this definition. The Commission shall adjust the base amount on a biennial basis beginning January 1, 2010. The adjustments shall be based on percentage changes in a construction cost index and any other published index relevant to operations and utilities costs, as selected by the Commission in cooperation with the public institutions . The index or indices shall reflect inflationary or market trends for the applicable operation and maintenance or construction costs. Specific dollar amounts can be found in Commission guidelines implementing these rules and regulations.

004.02 CAPITAL STRUCTURE . Shall mean anything constructed or erected, for occupancy, use or ornamentation, that requires permanent location on, below or above the ground, or an addition to an existing capital structure having a permanent location on or below the ground.

004.03 CHANGE IN SCOPE . Shall mean a significant change in a capital construction project , as specifically defined in Commission guidelines, to include but not be limited to: 1) A substantial increase in the amount of tax funds designated by the Legislature used to construct, acquire or provide facilities operations and maintenance, 2) a significant change in the use of funds, 3) a considerable change in the allocation of square footage for any major room-use category(s) , or 4) a programmatic change involving who and/or what purpose a major room-use category(s) serves.

004.04 COMMISSION . Shall mean the Coordinating Commission for Postsecondary Education.

004.05 GOVERNING BOARD . Shall mean the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, or the board of governors for each community college area.

004.06 INDIVIDUAL CAPITAL CONSTRUCTION BUDGET REQUEST . Shall mean, for the purpose of prioritization of budget requests, any capital construction request included in the Board of Regents of the University of Nebraska's and Board of Trustees of the Nebraska State Colleges' biennial budget request, LB 309 Task Force for Building Renewal request by category and classification, or major capital construction deficit appropriation request, for which the Commission has recommended approval, including any capital construction project approved by the Commission and included in such requests.

004.07 INSTITUTIONAL FACILITIES PLAN . Shall mean a plan that identifies a public institution's existing facilities, the condition and utilization of those facilities, outlines the institution's short-term, mid-term, and long-range program needs, and identifies proposed facilities solutions to meet those program needs.

004.08 MAJOR ROOM-USE CATEGORIES . Shall mean the major room uses outlined in the most recently published U.S. Department of Education, National Center for Education Statistics, Postsecondary Education Facilities Inventory and Classification Manual (FICM).

004.09 PROGRAM STATEMENT . Shall mean a document that describes and supports the development of a proposed capital construction project . The content to be provided in a program statement shall be in such format as provided by the Commission .

004.10 PUBLIC INSTITUTION . Shall mean any of the following: University of Nebraska-Lincoln, University of Nebraska Medical Center, University of Nebraska at Omaha, University of Nebraska at Kearney, Nebraska College of Technical Agriculture, Chadron State College, Peru State College, Wayne State College, Central Community College, Metropolitan Community College, Mid-Plains Community College, Northeast Community College, Southeast Community College, Western Nebraska Community College, including any other campus administered as a separate unit by a governing board , or any other public postsecondary educational institution that may be established by the Legislature.

004.11 REMODELING OR RENOVATION . Shall mean work associated with an existing capital structure , which may include, but shall not be limited to, modifying or upgrading a capital structure's building systems. Such work may include upgrading mechanical or electrical systems, or modifying interiors through changes in room layouts or relocation of openings. This work shall not increase the size of the building footprint or building envelope. Replacement of existing wall, floor or ceiling treatments due to age or damage, or other similar work, shall not be considered remodeling or renovation . Separate deferred maintenance projects, fire and life safety projects, Americans with Disabilities Act projects, or energy conservation projects, as defined by the LB 309 Task Force for Building Renewal, shall not constitute remodeling or renovation .

004.12 TAX FUNDS DESIGNATED BY THE LEGISLATURE . Shall mean all State tax revenue and all property tax revenue.

004.13 UNNECESSARY DUPLICATION . Shall mean any capital structure , or portion of a capital structure , that does not substantially increase access and/or serve valid needs considering the existence of other available and suitable facilities.

005 STATEWIDE FACILITIES INFORMATION BASE

005.01 APPLICABILITY. All public institutional facilities that involve coordination by the Commission , Legislature, or other state agency, shall provide state-level uniform facilities information.

005.02. The Commission shall maintain uniform data elements and definitions for development of a statewide facilities information base in consultation with governing boards , or their designated representative.

005.03. The Commission shall identify statewide facilities information to be collected on an annual or periodic basis, regarding each public institution's facilities inventory and utilization information.

005.04. Public Institutions may comply with requests for facilities information pursuant to Neb. Rev. Stat.§ 85-1417, as applicable.

006 INSTITUTIONAL FACILITIES PLANS

006.01 APPLICABILITY. All institutional facilities plans , or amendments to such plans, approved or accepted by a governing board , shall require Commission review and comment in accordance with these rules and regulations.

006.02 REVIEW CRITERIA. The Commission shall use the following criteria in the review of institutional facilities plans:

006.02(A) CONSISTENCY WITH THE COMPREHENSIVE STATEWIDE PLAN. Institutional facilities plans shall be reviewed for consistency with the Comprehensive Statewide Plan, to include, but not be limited to, consistency with institutional role and mission assignments.

006.02(B) CONSISTENCY WITH THE STATEWIDE FACILITIES PLAN. Institutional facilities plans shall be reviewed for consistency with the Statewide Facilities Plan as applicable.

006.02(C) ASSESS DUPLICATION OF FACILITIES. Institutional facilities plans shall be reviewed for possible unnecessary duplication of facilities.

006.03 COMMISSION REVIEW.

006.03(A). Governing boards , or a representative designated by the board, shall inform the Commission , in writing, of all institutional facilities plans , or amendments to such plans, to be submitted to the governing board for action.

006.03(B). Prior to submitting an institutional facilities plan , or amendments to such plan, for Commission review and comment, the plan or amendment shall first receive written approval or acceptance by the governing board . Evidence of governing board approval or acceptance shall accompany the plan to the Commission and shall include all material submitted to the governing board .

006.03(C). The Commission shall establish guidelines for the format and content of an institutional facilities plan .

006.03(D). The Commission shall provide a written report of its review to the governing board within ninety days after receipt of an approved or accepted institutional facilities plan . The Commission's report shall comment on the institutional facilities plan's consistency in accordance with the review criteria set out in section 006.02 of these rules and regulations. The Commission may recommend modification to an institutional facilities plan based on its review.

006.03(E). The Commission may require periodic updates of institutional facilities plans as necessary.

006.03(F). In fulfilling its review of and comment on institutional facilities plans , the Commission shall recognize educational activities among all segments of postsecondary education and take into account the educational programs, facilities, and other resources of public and private postsecondary educational institutions.

007 CAPITAL CONSTRUCTION PROJECTS

007.01 APPLICABILITY. The following capital construction projects proposed by public institutions shall require Commission review, approval or disapproval, and monitoring for compliance with the approved project, in accordance with these rules and regulations:

007.01(A). Any proposed new capital structure ; any proposed addition to, renovation of, or remodeling of a capital structure ; any proposed acquisition of a capital structure by gift, purchase, lease-purchase, or other means of construction or acquisition; or any combination thereof that will be directly financed in whole or part with tax funds designated by the Legislature totaling at least the minimum capital expenditure .

007.01(B). Any proposed new capital structure ; any proposed addition to, renovation of, or remodeling of a capital structure ; any proposed acquisition of a capital structure by gift, purchase, lease-purchase, or other means of construction or acquisition; or any combination thereof that is likely, as determined by the institution, to result in an incremental increase in appropriation or expenditure of tax funds designated by the Legislature of at least the minimum capital expenditure for the facility's operations and maintenance costs in any one fiscal year within a period of ten years from the date of substantial completion or acquisition of the project.

007.02 REVIEW CRITERIA. The Commission shall use the following criteria in the review of proposed capital construction projects :

007.02(A) COMPLIANCE AND CONSISTENCY WITH THE COMPREHENSIVE STATEWIDE PLAN. Proposed projects shall show compliance and consistency with the Comprehensive Statewide Plan as applicable to a specific project.

007.02(B) COMPLIANCE AND CONSISTENCY WITH THE STATEWIDE FACILITIES PLAN. Proposed projects shall demonstrate compliance and consistency with the Statewide Facilities Plan.

007.02(C) ASSESS DUPLICATION OF FACILITIES. An institution submitting a proposed project for Commission review shall illustrate that the project will not result in an unnecessary duplication of capital facilities.

007.03 COMMISSION REVIEW

007.03(A). Governing boards , or a representative designated by the board, shall inform the Commission , in writing, of all capital construction projects to be submitted to the governing board for action.

007.03(B). A public institution shall make a determination whether a project is likely to result in an incremental increase in appropriation or expenditure of tax funds designated by the Legislature of at least the minimum capital expenditure for the facility's operations and maintenance costs in any one fiscal year within a period of ten years from the date of substantial completion or acquisition of the project, and include such determination in a program statement submitted to the governing board for action. The determination for a facility's operations and maintenance costs is final upon approval of the program statement by the governing board .

007.03(C). Prior to submitting a capital construction project for Commission action, that project shall first receive written approval of a program statement by the governing board . Evidence of governing board approval shall accompany the project to the Commission and shall include all material submitted to the governing board for approval of the capital construction project .

007.03(D). Action by the Commission regarding approval or disapproval of a capital construction project shall be determined in accordance with the review criteria set out in section 007.02 of these rules and regulations and shall consist of one of the following:

007.03(D)(i). Approval of the project as the basis for further development; or

007.03(D)(ii). Disapproval of the project if one or more review criteria are not met, with the reason(s) for disapproval explicitly stated in the Capital Construction Project Evaluation Form.

007.03(E). Capital construction projects previously disapproved by the Commission may be resubmitted by a governing board with changes that address the Commission's reasons for the original disapproval. The Commission shall then review and approve or disapprove the resubmitted project proposal.

007.03(F ) . A change in scope to any capital construction project previously approved by the Commission shall require resubmittal of the project to the Commission for review, approval or disapproval, and monitoring for compliance with the approved project. This rule applies for all subsequent phases of a project through construction.

007.03(G). The Commission may establish documentation necessary to monitor capital construction projects . When complying with requests for information during the review, monitoring, and approval process, public institutions may comply pursuant to Neb. Rev. Stat. § 85-1417.

007.03(H). Unless a capital construction project has been reviewed and approved by the Commission , no tax funds designated by the Legislature shall be expended for an incremental increase in a facility's operations and utilities costs, of more than the minimum capital expenditure .

007.03(I). No state warrant shall be used by any public institution for the purpose of funding any capital construction project which has not been approved or which has been disapproved by the Commission .

007.03(J). Beginning July 1, 2013, the Commission shall reduce the amount of distribution of community college aid funds used by a community college area to construct or acquire a capital construction project which has not been approved or has been disapproved by the Commission .

007.03(K). In fulfilling its review authority for capital construction projects , the Commission shall recognize educational activities among all segments of postsecondary education and take into account the educational programs, facilities, and other resources of public and private postsecondary educational institutions.

008 CAPITAL CONSTRUCTION BUDGET REQUESTS REVIEW, RECOMMENDATIONS, AND PRIORITIZATION

008.01 APPLICABILITY. The following budget requests shall be reviewed by the Commission :

008.01(A). Any biennial capital construction budget request submitted by the Board of Regents of the University of Nebraska or Board of Trustees of the Nebraska State Colleges to the Governor pursuant to Neb. Rev. Stat. § 81-1113 subsection (1); and

008.01(B). Any major capital construction deficit appropriation request submitted by the Board of Regents of the University of Nebraska or Board of Trustees of the Nebraska State Colleges pursuant to instructions by the Department of Administrative Services.

008.02 REVIEW CRITERIA. The Commission shall use the following criteria in the review of biennial capital construction budget requests and major capital construction deficit appropriation requests:

008.02(A) CONSISTENCY WITH THE STATEWIDE FACILITIES PLAN. Biennial capital construction budget requests and major capital construction deficit appropriation requests shall demonstrate consistency with the Statewide Facilities Plan.

008.02(B) CONSISTENCY WITH PREVIOUS CAPITAL CONSTRUCTION PROJECT APPROVALS. The Commission shall consider recommending to the Governor and Legislature those capital construction projects approved by the Commission pursuant to Neb. Rev. Stat.§ 85-1414 subsection (10). The Commission shall not recommend capital construction projects that it has previously disapproved pursuant to Neb. Rev. Stat. § 85-1414 subsection (10) unless such projects are resubmitted and approved by the Commission .

008.03 COMMISSION REVIEW, RECOMMENDATION, AND PRIORITIZATION

008.03(A). The Board of Regents of the University of Nebraska and Board of Trustees of the Nebraska State Colleges, or a representative designated by the board, shall each submit to the Commission information the Commission deems necessary to review the governing board's capital construction budget request or major capital construction deficit appropriation request.

008.03(B). The Commission shall review the Board of Regents of the University of Nebraska's and Board of Trustees of the Nebraska State Colleges' capital construction budget request and major capital construction deficit appropriation request as approved by the board, and may recommend modification, approval, or disapproval of such requests to the Governor and Legislature.

008.03(C). The Commission shall develop from a statewide perspective a unified prioritization of individual capital construction budget requests for which it has recommended approval pursuant to section 008.03(8) of these rules and regulations. The Commission shall submit such prioritization to the Governor and Legislature for their consideration.

008.03(D). The Commission may consider and respond to the priority order established by the Board of Regents or Board of Trustees in their respective capital construction budget requests.

008.03(E). Governing boards shall not submit a request for tax funds designated by the Legislature to provide an incremental increase in a facility's operations and maintenance costs, of more than the minimum capital expenditure , for any capital construction project that has been excluded from Commission review.

009 GENERAL CONSIDERATIONS

009.01. The Commission shall provide guidelines to implement these rules and regulations.

009.02. The Commission shall be the determining body to approve or disapprove capital construction project proposals. Parties wishing to appeal decisions of the Commission shall proceed as provided by law.

History

• Effective 2016-11-09

Chapter 10 Rules and Regulations Concerning Off-Campus Programs in the State of Nebraska

Neb. Admin. Code tit. 281, ch. 10 Rules and Regulations Concerning Off-Campus Programs in the State of Nebraska {#sec-281-nac-10 omnilex-key=us-ne-regs-official--title-281--281 NAC 10}

001 Statutory Authority

001.01. 85-1402 - Relating to pertinent definitions.

001.02. 85-1413(5)(f) - Relating to the Commission's responsibility to designate geographic/programmatic service areas for public institutions.

001.03. 85-1413(5)(h) - Relating to guiding development of instructional delivery systems employing telecommunications and establishment of policies to ensure that the objectives of quality and efficiency are met in the delivery of telecommunications-aided instruction.

001.04. 85-1414(8) - Relating to authority for the Commission to establish specific criteria for review, approval or disapproval of participation by public institutions in education centers.

001.05. 85-1418 - Relating to the authority for the Commission to issue orders and to the procedures for parties to appeal final orders of the Commission.

002 Scope, Application. and Related Provisions

002.01. This rule shall apply to the Coordinating Commission for Postsecondary Education's review of public institution off-campus programs and participation in education centers, including off-campus centers, off-campus sites and cooperatives of institutions.

002.02. Provisions of this rule relating to Education Centers shall apply to a public institution's participation in Education Centers approved by governing board action after November 6, 1990, except those programs for which funds were specifically earmarked by the Legislature for fiscal year 1990-1991.

002.03. This rule shall apply to off-campus centers approved by governing board action after July 1, 1994. Approval for an off-campus center by the Commission shall remain in effect until the terms and conditions of such approval are substantially changed. At that time the approval shall be reconsidered by the Commission.

002.04. Institutional role and mission authorizations are designated in state statute as well as in the Commission's Comprehensive Statewide Plan for Postsecondary Education. Geographic/programmatic service area assignments are designated in the Commission's Comprehensive Plan.

002.05. Provisions related to review of new or existing instructional programs, to review of budgets as applicable to specific budget requests for off-campus instructional programs, to review of capital construction projects, and to public service activities may be found in other rules and procedures approved by the Commission.

003 Purpose and Intent

003.01. The purposes of this rule are to coordinate public institution off-campus instructional courses and programs and to coordinate public institution participation in Education Centers, including off-campus centers and cooperatives of institutions. The Commission supports coordinated and distinct roles for various institutions and supports collaboration and partnerships to avoid unnecessary duplication.

003.02. The Commission finds that responsive and flexible off-campus instruction can provide efficient access to postsecondary education for place-bound students. The Commission intends to facilitate and guide effective fiscal planning and efficient, cooperative delivery of off-campus instructional programs needed to meet the needs of Nebraskans for reasonably accessible, quality postsecondary education.

003.03. The Commission endorses and encourages inter-institutional cooperative planning of off-campus courses and programs, both within and outside the service area, to maximize sharing of resources needed for student registration and advising, facilities, equipment and libraries. Off-campus courses and programs shall, where possible, be housed in facilities made available without cost or in rented facilities rather than facilities owned by the institution.

003.04. The Commission finds that telecommunications-based off-campus instruction can be an efficient means to provide access to postsecondary education for place and time-bound students without the need for a public institution to employ notable numbers of additional professional staff or incur substantial travel expense.

004 Definitions

004.01. Commission shall mean the Coordinating Commission for Postsecondary Education.

004.02. Executive Director shall mean the Executive Director of the Coordinating Commission for Postsecondary Education or the Executive Director's designee.

004.03. Public Institution shall mean any of the following: University of Nebraska-Lincoln, University of Nebraska at Omaha, University of Nebraska at Kearney, University of Nebraska Medical Center, Nebraska College of Technical Agriculture, Chadron State College, Peru State College, Wayne State College, Central Community College Area, Metropolitan Community College Area, Mid-Plains Community College Area, Northeast Community College Area, Southeast Community College Area, Western Nebraska Community College Area, including any other campus administered as a separate unit by a governing board, or any other public postsecondary educational institution which may be established by the Legislature after January 1, 1992.

004.04. Principal Campus shall mean the main campus or campuses of University of Nebraska-Lincoln, in Lincoln; of the University of Nebraska at Omaha, in Omaha; of the University of Nebraska at Kearney, in Kearney; of the University of Nebraska Medical Center, in Omaha; of the Nebraska College of Technical Agriculture, in Curtis; of Chadron State College, in Chadron; of Peru State College, in Peru; of Wayne State College, in Wayne; of Central Community College in Grand Island, Hastings, and Columbus; of Metropolitan Community College in Omaha and Elkhorn; of Mid-Plains Community College in North Platte and McCook; of Northeast Community College in Norfolk; of Southeast Community College in Beatrice, Lincoln, and Milford; and of Western Nebraska Community College in Scottsbluff.

004.05. Branch campus shall mean a new campus of a public institution, established after the effective date of this rule, which houses a full range of instruction, research, and public service, as appropriate to institutional role and mission assignment, as well as administrative and support services.

004.06. Education Center, as statutorily defined, shall mean an off-campus center of a public institution or a cooperative of either public or public and private postsecondary educational institutions which offers instructional programs to students.

004.06.a. Off-Campus Center shall mean a facility at which a public institution either i) offers a complete degree program or ii) offers 50% or more of the courses leading to a complete degree program at the site and enrolls 100 or more students (unduplicated headcount) in an academic year; and which is not a principal campus or a cooperative education center of that institution.

004.06.b. Cooperative Education Center shall mean a facility used by two or more postsecondary educational institutions for the delivery of off-campus programs. A cooperative education center facility is not owned by a postsecondary education institution.

004.07. Off-Campus Site shall mean a facility used by a public institution for off-campus programs other than as herein defined as a cooperative education center, an off-campus center, or facilities of a cooperating Institution.

004.08. Cooperating Institution shall mean a postsecondary educational institution which permits another institution to use its facilities for off-campus program instruction.

004.09. Institution shall mean a Nebraska postsecondary educational institution.

004.10. Off-Campus Courses or Programs shall mean one or more college credit courses or degree programs, including telecommunications-based courses or degree programs, offered by a public institution at a location other than at its principal campus. Off-campus courses or programs exclude credit courses offered where a business or agency has entered into an agreement with the credit-granting public institution to provide specified instruction solely for those who are employees of the business or agency.

004.11. Telecommunications shall mean electronic communication media and includes, but is not limited to, communications satellites, terrestrial microwave, television, radio, telephone, fiber optics, and computer communications.

004.12. Telecommunications-based courses or programs shall mean off-campus courses or programs emanating from a sending institution by telecommunications. The receiving site may be at a principal campus or branch campus, or at an off-campus center, cooperative education center, off-campus site, or cooperating institution. Excluded from Commission review under this rule are: 1) Courses or programs offered completely or primarily through on-line computer technologies; 2) courses or programs provided by telecommunications to the personal residence of individual students; 3) courses or programs provided by employers to employees at their workplace via telecommunications, and not offered to the public; and 4) courses using telecommunications primarily to enhance or supplement instruction.

004.13. Sending institution shall mean a postsecondary education institution which has principal responsibility to provide the instruction and which transmits such instruction to a receiving site or sites via telecommunications.

004.14. Receiving institution shall mean the postsecondary education institution which participates in telecommunications-based courses provided by the sending institution. An institution sending telecommunications-based courses to its own off-campus receiving site(s) is both the sending and the receiving institution.¹

¹When two or more institutions jointly offer the same course, where control of the course essentially is equal, an institution can be both the sending and receiving institution. If there is an objection, the Commission may determine which shall serve as the sending institution for application and reporting purposes.

004.15. Sending site shall mean a facility from which the sending institution emanates the instruction for students at receiving sites.

004.16. Receiving site shall mean a facility in which students assemble to participate in telecommunications-based courses provided by a sending institution. A receiving site may be a principal campus, branch campus, off-campus center, cooperative education center, off-campus site, or cooperating institution.

005 Pre-Authorized Off-Campus Courses or Programs and Facilities Arrangements

In the following cases, off-campus courses or programs and facilities arrangements of public institutions are pre-authorized and do not require prior notification or Commission approval.

005.01. A public institution may offer telecommunications-based courses or programs that emanate in Nebraska for use exclusively outside the State of Nebraska.

005.02. Except for courses offered at an off-campus center described in section 007.02, a public institution may deliver off-campus courses within its geographic service area as assigned by the Commission.

005.03. A public institution may deliver off-campus courses or programs at cooperative education centers when the institution has received authorization from the Commission to participate in the cooperative education center.

005.04. A public institution may offer a course or program outside its geographic service area at the principal campus of another public institution under the same governing board if the course or program is not offered regularly by a public institution assigned to the service area in which the proposed course or program would be offered.

005.05. A public institution may make lease or other use arrangements for a term of one year or less for use of buildings at a cooperating institution, at an off-campus center, or at an off-campus site without prior Commission approval.

006 Prior Notification; Out-of service area courses; Inventory

006.01. Public institutions shall make prior notification to the Commission and other public institutions within the geographic service area where the following activities are proposed:

006.01.01. Establishing an off-campus center.

006.01.02. Offering one or more complete degree programs at a cooperating institution.

006.02. A public institution may deliver off-campus courses at locations outside its geographic service area as assigned by the Commission, if the institution:

006.02.01. Provides notification, under Commission procedures, to all public institutions assigned to the geographic service area in which the course or courses will be offered. The Commission shall specify the notification procedure, which will allow for communication by mail, fax or e-mail, and a deadline for submitting an objection to the Commission: and

006.02.02. Receives written approval, communicated via the mail, fax, or e-mail, from the Executive Director of the Commission or from the Executive Director's designee prior to inception of the course or courses.

An institution may appeal a decision of the Executive Director to the Commission.

The Executive Director may refer a proposed course or proposed courses to the Commission for action. The Executive Director shall report to the Commission at each regular meeting on all proposals received and actions taken under this section.

006.03. The Commission may authorize a public institution to offer specified courses or types of courses at a specified location or locations outside its geographic service area and may extend that authority until such time as it is revoked by the Commission.

006.04. The Commission will maintain a current inventory of off-campus centers, cooperative education centers, and degree programs offered at cooperating institutions and public institutions under the same governing board. Public institutions will provide information to the Commission regarding such off-campus activities.

007 Off-Campus Instructional and Facility Arrangements Requiring Prior Commission Approval

Prior approval of the Commission shall be required in the following situations:

007.01. Establishing a branch campus.

007.02. Establishing an off-campus center within 30 miles, by the most direct route on a hard-surfaced roadway, of a principal campus of another public institution on which are offered courses or degree programs comparable in content and intended student outcomes to those offered at the off-campus center.

Prior to Commission review and approval of an off-campus center pursuant to this subsection, representatives of the public institution establishing such off-campus center shall notify, and are encouraged to meet and consult with, representatives of public institutions maintaining a principal campus within the distance parameter specified in this section to discuss coordination of program offerings. A representative of the institution planning to establish the off-campus center may make a written report to the Commission of the results of such consultation. The Commission may also initiate and facilitate meetings of representatives of public institutions impacted by a proposed off-campus center and may expedite its review for approval of the off-campus center if issues of unnecessary duplication have been addressed.

The provisions of this subsection shall also apply when a public institution plans to offer one or more complete degree programs at a cooperating institution located within 30 miles, by the most direct route on a hard-surfaced roadway, of a principal campus of another public institution on which are offered courses or degree programs comparable in content and intended student outcomes to those offered at the off-campus center.

007.03. Participating in a cooperative education center.

007.04. Making a commitment to facilities for longer than one year at a cooperating institution, an off-campus center, or off-campus site.

008 Criteria for Review of Off-Campus Courses or Programs and Facilities

When prior approval of the Commission is required pursuant to section 007 of this rule, or when action of the Commission is required pursuant to subsection 006.0136, the Commission will use the following criteria to review proposed off-campus courses or programs and facilities:

008.01. Evidence of need and demand, which shall include, but not be limited to, recognized needs by employers and potential students for the off-campus courses or programs and sufficient projected student enrollment in off-campus courses or programs.

008.02. Consistency with authorized institutional role and mission pursuant to state statute and the Commission's Comprehensive Statewide Plan for Postsecondary Education and consistency with institutional program service area authority approved by the Commission.

008.03. Avoidance of unnecessary duplication of similar course or program offerings by another institution in the same service area.

008.04. Adequacy of resources for instruction which shall include:

008.04.a. Adequate and appropriate physical facilities and instructional equipment for the off-campus courses or program and for the targeted student population.

008.04.b. Adequate and appropriate library, information resources, and other student support services for the off-campus courses or program and for the targeted student population consistent with the scope and nature of the program.

008.04.c. Adequate and appropriate faculty and faculty-related academic resources for the off-campus courses or program.

008.05. Avoidance of long-term commitments unless there is substantial evidence of continuing need and demand.

009 Commission Review and Determination

Commission review of applications submitted under this rule shall be based on criteria in section 008 and in accordance with procedures established by the Commission. Applications submitted under this rule must be approved by the appropriate governing board or by institutional officials to whom the board has delegated the authority to submit applications.

009.01. The Commission may make such determinations as are necessary to assure compliance with this rule and applicable statutes. The Commission may review authorized or preauthorized activities if circumstances so warrant.

009.02. Upon receipt of a proposal for an off-campus course, program or facility requiring prior Commission approval pursuant to section 007 of this rule, the Commission shall hold a public hearing on the proposal, following notice to the public institution making such proposal and those impacted by such proposal. The Commission shall either approve or disapprove such proposal at a regularly scheduled meeting following such public hearing.

009.02. If the Commission receives a written complaint or objection regarding an off-campus program of an institution or receives a written appeal of a decision made by the Executive Director under section 006.02 communicated via the mail or electronically, the Commission shall review and take appropriate action with consideration as to the impact on affected students.

009.03. Pursuant to Section 85-1418 R.R.S. the Commission may issue orders to public institutions to cease activities not in compliance with this rule. Parties wishing to appeal final orders of the Commission shall proceed as provided in Section 85-1418 R.R.S.

010 Notification

Notification of proposed off-campus programming and/or facilities arrangements by an institution required under Commission procedures shall be specific to that request. Public institutions shall not waive notification or provide blanket approval to another institution's proposed off-campus programming or facilities arrangements.

011 Reporting and Other Considerations

011.01. Public institutions shall annually report information to the Commission concerning all off-campus courses or programs pursuant to procedures established by the Commission.

011.02. The Commission shall provide such procedures and timelines as are necessary to implement this rule.

History

• Effective 2002-10-14

Chapter 11 Rules and Regulations Concerning Review of Public Institutions' Budget and State Aid Requests

Neb. Admin. Code tit. 281, ch. 11 Rules and Regulations Concerning Review of Public Institutions' Budget and State Aid Requests {#sec-281-nac-11 omnilex-key=us-ne-regs-official--title-281--281 NAC 11}

001 CONSTITUTIONAL AUTHORITY

001.01. Applicable Sections of the Constitution of the State of Nebraska include:

001.01A. Constitution of the State of Nebraska, Edited 1992, Article VII - Education, Section 14, relating to Commission review and modification of budget requests of the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, any board or boards established for the Community Colleges, or any other governing board for any other public postsecondary educational institution which may be established by the Legislature.

002 STATUTORY AUTHORITY

Sections 85-1401; 85-1402(2), (4), (6), and (7); 85-1404(2) and (3); 85-1412(1) and (2); 85-1413(5)(d)(g) and (j); 85-1416(1), (2)(a), (b), (c), and (4); relating to the Commission's review of budgets, state aid requests, and major deficit appropriation requests (R.R.S.).

Nebraska Revised Statutes, Section 85-1412(12) relating to the Commission's allocation of incentive funds.

003 SCOPE AND PURPOSE

The Commission shall adopt, amend, repeal, or otherwise implement such rules, regulations, guidelines, and procedures as the Commission deems necessary to continue its ongoing constitutional and statutory responsibility to review, study, recommend, and modify public institutional budget requests if needed to promote compliance and consistence with the Comprehensive Statewide Plan and prevent unnecessary duplication.

A review of budget outlines, budget priorities and tuition levels shall be subject to the rules contained herein, the Statewide Comprehensive Plan, and such other rules, regulations, guidelines, and procedures as shall be promulgated by the Commission.

The purpose of the budget review process is to (1) demonstrate the institution's compliance and consistence with the Comprehensive Statewide Plan, (2) examine consistency with the institution's role and mission, (3) consider major statewide funding issues or initiatives, and (4) prevent unnecessary duplication within an institution, a sector, the state, or region.

The primary focus of budget and budget priority reviews is on new and expanded services and programs and major statewide funding issues or initiatives.

Any footnotes contained herein shall not be construed as a part of the rules of the Commission, but are used for illustrative purposes only.

004 DEFINITIONS

004.01. Commission shall mean the Coordinating Commission for Postsecondary Education.

004.02. Governing Board shall mean the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, or the board of governors for each community college area.

004.03. Public Institution shall mean any of the following: the University of Nebraska-Lincoln, University of Nebraska at Omaha, University of Nebraska at Kearney, University of Nebraska Medical Center, Nebraska College of Technical Agriculture, Chadron State College, Peru State College, Wayne State College, Central Community College Area, Metropolitan Community College Area, Mid-Plains Community College Area, Northeast Community College Area, Southeast Community College Area, Western Nebraska Community College Area, including any other campus administered as a separate unit by a governing board, or any other public postsecondary educational institution which may be established by the Legislature after January 1, 1992.

004.04. Modify/Modifications shall mean changes recommended by the commission to budget requests, state aid requests, budget priority lists, or major deficit requests of public institutions, to ensure compliance and consistency with the Comprehensive Statewide Plan and prevent unnecessary duplication.

004.05. Budget Request, as defined by the Revised Statutes of Nebraska, shall mean the complete recitation, on forms prescribed by the Governor's Budget Division and in the manner prescribed by such division, of the operating funds requests of a public institution for the biennium next following the then current biennium.

004.06. New and Expanded Budget Request shall mean the request for funding approved or anticipated new programs, expanded services, or workload increases in the next biennium; for replacing other revenue sources with general fund-support; and for funding increases associated with the prior year's deficit appropriation.

004.07. Budget Priorities shall mean those goals and objectives, with associated funding, comprising a public institution's new and expanded budget request.

004.08. Deficit Appropriation Request shall mean the additional funds requested to supplement the current biennium appropriation.

004.09. Unnecessary Duplication shall mean inefficient replication of functions or activities within a public institution, within a sector; or within the State.

004.10. Incentive Funds shall mean those special purpose funds used to support priorities of the Commission to achieve consistency and compliance with the Comprehensive Statewide Plan, state goals and priorities, or planned state objectives or other special purpose funds designated to the Commission by the Legislature.

004.11. Outline shall mean the informational summaries provided to the institution's governing board describing the respective institution's budget for the next fiscal year or biennium including projections of funds for retention of current programs and services, inflationary costs necessary to maintain current programs and services, and proposed new and expanded programs and services.

004.12. Outcomes shall mean those definable, measurable quality and/or quantity indicators, as defined by the institutions, used to assess progress toward and/or achievement of stated goals and objectives of continuation budgets and budget priorities.¹

¹Examples: Graduation rates, graduate placement rates, program completes, research results, cost containment, market share, facility square foot usage, student retention, or any other key indicator that demonstrates accomplishment of stated goals.

005 INSTITUTIONAL REPORTING

005.01. The Board of Regents of the University of Nebraska and Board of Trustees of the Nebraska State Colleges shall submit outlines of their biennial budget requests, and major deficit budget requests, along with any other supporting information deemed necessary by the institution or requested by the Commission to identify the major components necessary for the Commission to determine the institution's compliance and consistency with the Comprehensive Statewide Plan and the existence of any unnecessary duplication, to the Commission at least 30 days prior to the required date of submission of the public institution budget requests to the Governor and the Legislature.

005.02. The Boards of Governors of the Community Colleges or their designated representatives shall submit to the Commission on September 15th of each biennial budget request year outlines of their proposed state aid requests, along with any other supporting information deemed necessary by the institution or requested by the Commission to identify the major components necessary for the Commission to determine the institution's compliance and consistency with the Comprehensive Statewide Plan and the existence of any unnecessary duplication.

006 BUDGET REQUEST

The submission of the institution's budget request information shall consist of an outline, as defined by the Commission, together with such necessary supporting information as may be required by the Commission to identify the major components necessary for the Commission to determine the public institution's compliance with criteria stated in 008. The Commission shall review and modify budget requests, deficit appropriation requests, and state aid requests of governing boards as provided by law.

007 INSTITUTIONAL BUDGET PRIORITIES

Submission of budget priorities shall include information as defined by the Commission. Priorities shall be in the context of the Comprehensive Statewide Plan, institutional role and mission and prevention of unnecessary duplication. Priorities shall include proposed outcomes. The Commission shall analyze and submit to the Governor and Legislature recommendations for approval or modification of each governing board's budget priority request together with a rationale for each such recommendation.

008 BUDGET REVIEW CRITERIA

Review criteria for Budget Requests and Budget Priorities shall include:

008.01 Compliance and Consistency with the Comprehensive Statewide Plan. The budget requests, state aid requests, deficit appropriation requests, and budget priorities shall demonstrate compliance and consistency with the Comprehensive Statewide Plan, through appropriately supplied institutional data as requested by the Commission.

008.02 Compliance with the Role and Mission Requirements. The budget requests, state aid requests, deficit appropriation requests, and budget priorities shall be consistent and comply with the role and mission of the institution, as defined by law.

008.03 Prevention of Unnecessary Duplication. The prevention of unnecessary duplication in the use and allocation of funds shall be a high priority of the Commission. Budget requests and budget priorities shall not contribute to unnecessary duplication.

009 ADDITIONAL CONSIDERATIONS

009.01. Commission modifications, approvals, and/or recommendations shall be submitted to the Governor and the Legislature by October 15th of each year.

009.02. The Commission may recommend to the Governor and the Legislature establishment of incentive funds to achieve consistency with the Comprehensive Statewide Plan's goals for postsecondary education.

009.03. As appropriate, the Commission shall allocate state incentive funds among public institutions pursuant to statutory directives to the Commission authorizing such funds.

009.04. The Commission shall provide to the Governor and the Appropriations Committee of the Legislature on October 1st of each even-numbered year a report identifying public policy issues relating to student tuition and fees.

009.05. The Commission may conduct surveys and studies it deems appropriate and may in the conduct of same, request information from governing boards and appropriate administrators of public institutions and other governmental agencies.

009.06. The Commission may make such determinations as are necessary to assure compliance with this rule and applicable statutes.

009.07. Nothing in these rules shall be construed to affect other constitutional, statutory, or administrative requirements for the submission of budget or state aid requests by the governing boards, or designated representatives, to the Governor and the Legislature.

History

• Effective 1994-08-22

Chapter 12 Rules of Practice

Neb. Admin. Code tit. 281, ch. 12 Rules of Practice {#sec-281-nac-12 omnilex-key=us-ne-regs-official--title-281--281 NAC 12}

001. NEGOTIATED RULEMAKING . This section establishes the rules and regulations to petition for negotiated rulemaking on controversial issues under the jurisdiction of the Coordinating Commission for Postsecondary Education (“Commission”).

001.01 The Commission hereby adopts the model rules of procedures for negotiated rulemaking promulgated by the Attorney General pursuant to Neb. Rev. Stat. § 84-909.01, Title 53, Nebraska Administrative Code, Chapter 1, “Model Procedures for Negotiated Rulemaking,” including any amendments thereto.

002. PETITION FOR RULEMAKING . This section establishes the rules and regulations for a person or entity to petition for rulemaking to promulgate, amend, or repeal a rule or regulation regarding matters under the jurisdiction of the Commission.

002.01 The Commission hereby adopts the model rules of procedures for petitioning for rulemaking promulgated by the Attorney General pursuant to Neb. Rev. Stat. § 84-909.01, Title 53, Nebraska Administrative Code, Chapter 2, “Petitioning for Rulemaking,” including any amendments thereto.

003. AGENCY DECLARATORY ORDERS . This section establishes the rules and regulations for a person seeking the issuance of a declaratory order regarding matters under the jurisdiction of the Commission.

003.01 The Commission hereby adopts the model rules of procedures for declaratory orders promulgated by the Attorney General pursuant to Neb. Rev. Stat. § 84-909.01, Title 53, Nebraska Administrative Code, Chapter 3, “Model Regulations and Procedures Governing Agency Declaratory Orders,” including any amendments thereto.

004. HEARINGS IN CONTESTED CASES BEFORE THE AGENCY . This section establishes the rules and regulations for hearings to determine the legal rights, duties, or privileges of specific parties when required by law or constitutional right on matters under the jurisdiction of the Commission.

004.01. The Commission hereby adopts the model rules of procedures for contested case hearings promulgated by the Attorney General pursuant to Neb. Rev. Stat. § 84-909.01, Title 53, Nebraska Administrative Code, Chapter 4, “Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency,” including any amendments thereto.

Approved September 8, 2022

History

• Effective 2023-06-14