title-92•Neb. Admin. Code tit. 92 — Department of Education
Neb. Admin. Code tit. 92 — Department of Education
title-92Neb. Admin. Code tit. 92Regulation
Chapter 1 Rules and Regulations Governing the Audit of Nebraska Public School Districts
Neb. Admin. Code tit. 92, ch. 1 Rules and Regulations Governing the Audit of Nebraska Public School Districts {#sec-92-nac-1 omnilex-key=us-ne-regs-official--title-92--92 NAC 1}
001 Statutory Authority
001.01 The following definitions and requirements shall govern the scope and extent of the audit of school district financial records, and the pattern of the report thereof, as required by Section 79-1089 of the Nebraska Revised Statutes (R.R.S.).
002 Definitions: As used in these rules and regulations, unless the context otherwise clearly requires, the following definitions shall prevail.
002.01 Audit shall mean examining, on a test basis, evidence supporting the assertions of management as to the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used, as well as evaluating the overall financial statement presentation.
002.02 Auditor shall mean a person who has an active permit from the Nebraska State Board of Public Accountancy, to engage in the practice of public accounting, either as a certified public accountant or as a public accountant, who is independent (see Appendix C, a copy of which is on file at the Nebraska Department of Education’s central office in Lincoln) with respect to the school district and its board of education. Person shall include a corporation, partnership, or other form of organization which has an active permit to engage in the practice of public accounting.
002.03 Financial (Audit) Report shall mean and include the independent auditor’s report and financial statements prepared in conformity with accounting principles generally accepted in the United States of America (Appendix D, a copy of which is on file at the Nebraska Department of Education’s central office in Lincoln) or another comprehensive basis of accounting which may include the use of the cash or modified accrual basis accounting.
002.04 Federal Award shall mean Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities. It does not include procurement contracts, under grants or contracts, used to buy goods or services from vendors. Any audits of such vendors shall be covered by the terms and conditions of the contract. Contracts to operate Federal Government owned, contractor operated facilities (GOCOs) are excluded from the requirements of this part (Appendix A, a copy of which is on file at the Nebraska Department of Education’s central office in Lincoln.
002.05 Fiscal Year shall mean the annual period which commences on September 1, in one calendar year, and ends on August 31, in the following calendar year.
002.06 School District Finance Records subject to audit shall mean and include records of all funds and transactions of each fund maintained or required to be maintained by the school district.
003 Audit Requirements: The audit must be conducted in accordance with Auditing Standards Generally Accepted in the United States of America and the standards for financial and compliance audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Appendix C, a copy of which is on file at the Nebraska Department of Education's central office in Lincoln).
003.01 If a separate management letter is referenced as a part of the Report on the Internal Control and/or the Report on Compliance with laws and regulations it shall be filed as part of the financial (audit) report.
003.02 All school districts that expend $750,000 or more in a fiscal year in federal awards (including the value of commodities provided by the U.S. Department of Agriculture) are also required to have an audit conducted and reported in accordance with 2 CFR Part 200 Subpart F – Audit Requirements (Appendix A, a copy of which is on file at the Nebraska Department of Education's central office in Lincoln), and the American Institute of Certified Public Accountants Audit and Accounting Guide entitled Audits of State and Local Governmental Units (Appendix B, a copy of which is on file at the Nebraska Department of Education's central office in Lincoln).
003.03 The tests for compliance required for the audit includes those necessary to conform to current Auditing Standards Generally Accepted in the United States of America and Government Auditing Standards (Appendix C, a copy of which is on file at the Nebraska Department of Education's central office in Lincoln). The audit includes tests for compliance with the calculation of Average Daily Membership reported on the Annual Statistical Summary Report as specified in 92 NAC 2, requirements of the Nebraska Budget Act (commencing with Section 13-501 R.R.S.), and the Tax Equity and Educational Opportunities Support Act (commencing with Section 79-1001 R.R.S.) for school districts.
003.03A All compliance deviations related to Average Daily Attendance and Average Daily Membership (as those two elements are described in Section 006 of 92 NAC 2), the Nebraska Budget Act and the Tax Equity and Educational Opportunities Support Act (TEEOSA) must be included in the report on compliance required by Government Auditing Standards (Appendix C, a copy of which is on file at the Nebraska Department of Education's central office in Lincoln) or a letter to management (the School District Board of Education) and must be addressed by the school district per Section 003.05 of this Chapter.
003.03B Average Daily Attendance (ADA) and Average Daily Membership (ADM) Testing Requirements for School Districts: Written documentation of the testing done of the ADA and ADM must be completed and submitted with all school district audit reports. The documentation must state confirmation of the following:
003.03B1 Documentation of the school district’s policies and procedures for collecting student membership and attendance data.
003.03B2 The school district is following its policies and procedures for collecting student census data.
003.03B3 Attendance at the school district is collected at least daily and calculated to the nearest hundredth of a day.
003.03B4 The school district maintains a cumulative attendance and membership record of each student.
003.03B5 The cumulative attendance and membership records contain the date of enrollment, number of days or partial days in attendance and absent during each school year enrolled, and the date of withdrawal or graduation.
003.03B6 The student attendance reported in the Nebraska Department of Education’s (NDE) approved data collection system (e.g. ADVISER) have been traced back to the school district’s student information system for the school year.
003.03C A statement must be written for the following: A sample pool of students attendance records must be tested for the school year and must be traced to the students’ enrollment files to verify that the sample students’ are enrolled as students’ of the school district for the dates claimed in the attendance record.
003.03C1 If applicable: Reportable instances of noncompliance were included in the Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards.
003.03D A statement must be written for the following: A sample of expense allocations were tested verifying appropriate allocating to the school building level.
003.03D1 If applicable: Reportable instances of noncompliance were included in the Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards.
003.04 Financial (Audit) Report Format. The financial reports and schedules should include:
003.04A A report cover, index or table of contents, independent auditors' reports (financial, compliance and internal control), Management’s Discussion and Analysis (MD&A), government-wide and fund financial statements (including notes thereto), other required supplementary information (RSI), other supplemental schedules formatted as prescribed by the NDE and any additional information as may be required by the Nebraska Revised Statutes and reporting standards as may be appropriate to the cash or modified accrual basis. If the financial statements are prepared on a basis of accounting other than the cash basis, the financial report must include supplementary schedules of cash receipts, disbursements and fund balances of all funds maintained by the district, which schedules shall be reported on as audited accompanying information.
003.04B The financial (audit report) shall be on letter-size pages.
003.05 All school districts shall file with the Commissioner of Education on or before November 5 a copy of the financial (audit) report which includes the ADA/ADM testing letter. All school districts shall file with the Commissioner of Education on or before January 31, a copy of the auditor's letter to management, together with the district's responses, and any responses to compliance issues resulting from the audit. The financial (audit) report for all school districts must also be filed with the Auditor of Public Accounts on or before November 5.
003.06 If a school district that was in existence any time during the fiscal year dissolves and merges with one or more school districts prior to the completion of an independent financial (audit) report then:
003.06A The school district that receives the largest portion of the dissolved district's valuation is responsible, in cooperation with the dissolving district's Board of Education, for obtaining and filing financial (audit) report for the dissolved district.
003.06B The dissolved district's financial (audit) report shall cover the entire fiscal year (September 1 through August 31).
004 Penalties
004.01 When any school district fails to file a financial (audit) report with the Nebraska Department of Education and, if required, any other State government agency, the Commissioner shall, after notice to the district and an opportunity to be heard, direct that any state aid granted pursuant to the Tax Equity and Educational Opportunities Support Act be withheld until such time as the district has complied with Section 79-1089 R.R.S. and this Chapter. In addition, the Commissioner shall direct the county treasurer to withhold all school money belonging to the school district until such time as the Commissioner notifies the county treasurer of compliance by the district with Section 79-1089 R.R.S. and this Chapter. The county treasurer shall withhold such money as directed.
004.02 All independent auditors, including corporations, partnerships, or other form of organization are subject to the rules, regulations and sanctions of the Nebraska State Board of Public Accountancy.
History
- Effective 2021-11-01
Chapter 2 Uniform System of Accounting for Nebraska Public School Districts
Neb. Admin. Code tit. 92, ch. 2 Uniform System of Accounting for Nebraska Public School Districts {#sec-92-nac-2 omnilex-key=us-ne-regs-official--title-92--92 NAC 2}
001 GENERAL INFORMATION
001.01 Statutory Authority. Section 79-1088 of the Revised Statutes of Nebraska (R.R.S.) requires the State Department of Education provide a uniform system of accounting, to which all public school districts in the State of Nebraska will adhere.
001.02 Scope and Application of this Rule. This chapter governs the establishment of a uniform system of accounting for all public school districts in Nebraska.
001.03 Source. Information included in this chapter has been taken directly from or adopted from the handbook entitled Financial Accounting for Local and State School Systems as revised by the National Center for Education Statistics.
002 Definitions: As used in this chapter, unless the context otherwise legally requires, the following definitions prevail:
002.01 Coding Structure. Coding Structure refers to the system used to classify revenues and expenditures by a certain order.
002.02 Level. Level refers to classification by grade or by other organizational units, for example, elementary and secondary.
002.03 Membership. Count of students registered to attend school (present and absent) at a point in time during the school year.
002.04 Nebraska Budget Act. The Nebraska Budget Act begins in Section 13-501, R.R.S.
002.05 Object. Object refers to the type of service or commodity bought by the school district.
002.06 Source. Source is the classification of revenue by the point of origin of the funds received.
002.07 Tax Equity and Educational Opportunity Support Act (TEEOSA) means the Act at Section 79-1001 et seq., R.R.S.
002.08 Without Excuse. Without Excuse means that school district personnel do not consider the student to have an excused absence.
003 General Procedures
003.01 Accounting System. An accounting system is that combination of people, equipment, methods, internal controls, and procedures organized to record financial activity and to display that activity in financial reports. A primary purpose of an accounting system is to produce financial information organized in meaningful ways for various reporting uses. The accounting system is the means by which financial data is acquired during the actual operation of the public school district, recorded in an appropriate permanent form, and then analyzed to produce the reports for various purposes.
Internal control is a system affected by the district’s board of education, management, and other personnel designed to provide reasonable assurance regarding the achievement of objectives in the following categories: (a) reliability of financial reporting, (b) effectiveness and efficiency of operations, and (c) compliance with applicable laws and regulations. Internal control consists of the following five interrelated components: (1) control environment (sets the tone of an organization, influencing the control consciousness of its people and is the foundation for all other components of internal control, providing discipline and structure), (2) risk assessment (the entity’s identification, analysis and management of risks relevant to achievement of its objectives and to the preparation of financial statements that are fairly presented in conformity with accounting principles generally accepted in the United States of America (or another comprehensive basis of accounting) (Appendix A, a copy of which is on file at the Nebraska Department of Education’s (NDE's) central office in Lincoln), (3) control activities (the policies and procedures that help ensure that management directives are carried out), (4) information and communication (the identification, capture, and exchange of information in a form and time frame that enable people to carry out their responsibilities), (5) monitoring (a process that assesses the quality of internal control performance over time).
003.02 Basis of Accounting. The basis of accounting refers to the point in time when revenues and expenses or expenditures are recognized in the accounting system. The basis of accounting, therefore, determines the time at which the accounting system recognizes accounting transactions.
003.02A Cash Basis. Cash-basis accounting recognizes transactions when cash is actually received or disbursed. Public school districts in Nebraska may operate on another comprehensive basis of accounting which includes the use of the cash basis of accounting.
003.02B Accrual and Modified Accrual Basis. Accrual basis accounting recognizes revenues as soon as they are earned. Expenses are recognized as soon as the liability is incurred, regardless of the timing of the related inflows and outflows of cash. For funds that use the modified accrual basis of accounting, revenues are recognized when earned, but only to the extent that they are available (i.e., collectible within the period soon enough afterwards to be used to pay liabilities of the current period). Debt service payments and a number of specified liabilities are only recognized as expenditures when due. Public school districts in Nebraska may operate on a system of accounting in conformity with accounting principles generally accepted in the United States of America (Appendix A, a copy of which is on file at the NDE's central office in Lincoln), which may include the use of the accrual and/or modified accrual basis of accounting. School districts using the accrual or modified accrual basis of accounting must report to the NDE on a cash basis.
003.03 Fund Accounting. A fund is a fiscal and accounting entity, with a self-balancing set of accounts and is completely independent of any other fund. All school district accounting systems must be organized and operated on a fund basis. The reporting focus of the funds is upon determining financial position rather than net income.
003.03A General Fund. The General Fund may finance all facets of services rendered by the school district, inclusive of operation and maintenance. General Fund revenues are classified according to source while its expenditures are classified according to specific functions. The General Fund must be maintained by all operating school districts in the State. General Fund expenditures are limited by the TEEOSA.
003.03B Depreciation Fund. A Depreciation Fund may be established by a school district in order to facilitate the eventual purchase of a costly capital outlay by reserving such monies from the General Fund. To allocate monies from the General Fund, a school district will show the movement of monies as an expense from the General Fund and the Depreciation Fund will show the revenue as a transfer from the General Fund. The school district may divide this fund into more than one account to allocate a portion of this fund for different valid purposes. The purpose of a Depreciation Fund is to spread replacement costs of capital outlays over a period of years in order to avoid a disproportionate tax effort in a single year to meet such an expense. The budgeted total requirements of this fund is restricted as part of the Allowable Reserve by the TEEOSA. The Depreciation Fund is considered only a component of the General Fund.
003.03C Employee Benefit Fund. An Employee Benefit Fund may be established in order to specifically reserve General Fund money for the benefit of school district employees (unemployment compensation, early retirement, health insurance deductibles, etc.). To allocate monies from the General Fund, a school district will show the movement of monies as an expense from the General Fund, and the Employee Benefit Fund will show the revenue as a transfer from the General Fund. The school district may divide this fund into more than one account to allocate a portion of this fund for different valid purposes. The cash reserve of this fund is restricted as part of the Allowable Reserve by the TEEOSA. The Employee Benefits Fund is considered a component of the General Fund.
003.03D Contingency Fund. A Contingency Fund is authorized by Section 79-1072, R.R.S. and may be established by school districts to fund uninsured losses and legal fees incurred by the school district for defense against possible losses. Expenditures from this fund must not exceed five percent of the total budgeted General Fund expenditures of the school district. To allocate monies from the General Fund, a school district must show the movement of monies as an expense from the General Fund, and the Contingency Fund must show the revenue as a transfer from the General Fund. This fund is restricted as part of the Allowable Reserve by the TEEOSA.
003.03E Activities Fund. The Activities Fund is required to account for the financial operations of quasi-independent student organizations, interschool athletics, and other self-supporting or partially self-supporting school activities, not part of another fund. The inclusion of such accounts in the General Fund (see 003.03A) would distort the financial position of the basic school operation and would complicate the computation of the net expense incurred in conducting school services. The Activity Fund may not be used to record general operation revenues or expenditures, nor may the Activity Fund be used as a clearing account for the General Fund. The school district may divide this fund into more than one account to allocate a portion of this fund for different purposes.
The financial operations of all school-connected activities are a legal responsibility of the school district board of education. If deficits in such activities are incurred, they may be paid from the General Fund (see 003.03A). Such revenue finances only those projects which qualify for approval under policies established by the school district board of education for such activities.
003.03F School Nutrition Fund. The School Nutrition Fund is required to accommodate the financial activities of all Child Nutrition Programs. These include the School Lunch, School Breakfast, After School Snack, Special Milk, Child and Adult Care Food, Fresh Fruit and Vegetable Program, and the Summer Food Service Programs. The School Nutrition Fund must reflect a record of all revenues and expenditures incident to the operation of all Child Nutrition Programs. If a deficit is incurred in the operation, the deficiency may be covered by funds transferred from the General Fund.
003.03G Bond Fund. The Bond Fund must be used to record tax receipts and the payment of bond principal and interest, and other related costs (i.e. investment interest, trustee fees, etc.). If the fund balance is not sufficient to meet interest or bond retirement payments from the Bond Fund, the General Fund may be used for these payments. Revenue from a levy to retire bonds in any school district is retained in a separate fund by the county treasurer, the financial institution serving as a fiscal agent or the school district. Funds may be disbursed upon appropriate demand. All records of the transactions in this area must be maintained in this fund. Proceeds from a bond issue must be deposited into the Special Building Fund (see 003.03H) to be expended on the actual building project.
003.03H Special Building Fund. A Special Building Fund must be established when a school district decides to acquire or improve sites and/or to erect, alter, or improve buildings. The sale of bonds, the sale of property, donations or tax receipts will be the primary sources of revenue for the Special Building Fund. Regardless of the source of money to be used for building construction and related costs, all income for this purpose must be accountable through this fund. General Fund expenditures for the purpose of this fund are not allowable. Special Building Fund accounting provides a more effective means of identifying those expenditures associated with construction activities and provides a complete and consolidated record of all costs of the building program at the conclusion of a project(s). If more than one Special Building Fund activity is active at the same time, separate accounts for each project may be established within the single Special Building Fund. The tax levy for this fund is restricted. The Board of Education of school districts may approve a budget with a levy limitation of $0.14 per one hundred dollars of valuation (Section 79-10,120 R.R.S.); or a tax levy not to exceed $0.175 per one hundred dollars of valuation may be established for this fund in any class of school district by a vote of the people for a term of not to exceed ten years (Section 79-1098 R.R.S.).
003.03I Qualified Capital Purpose Undertaking Fund. A Qualified Capital Purpose Undertaking Fund (QCPUF) may be established for a specific abatement project to address an actual or potential environmental hazard, accessibility barrier, life safety code violation, life safety hazard, or mold which exists within one or more existing school buildings or the school grounds of existing school buildings controlled by the school district. Such determination must not include abatement projects related to the acquisition of new property, the construction of a new building, the expansion of an existing building, or the remodeling of an existing building for purposes other than the abatement of environmental hazards, accessibility barriers, life safety code violations, life safety hazards, or mold. The period of years for such levy may not exceed ten years and the levy for such project when combined with all other levies pursuant to Sections 79-10,110.02 and 79-10,110 R.R.S. may not exceed $0.03 per one hundred dollars of taxable valuation. General Fund expenditures for the purpose of these funds are not allowable.
For projects in place prior to April 19, 2016, the Qualified Capital Purpose Undertaking Fund maximum levy remains at $0.052.
If taxable valuation is lower than the taxable valuation in the year when the district last issued QCPUF bonds and the $0.03 maximum levy is insufficient to meet the combined annual principal and interest, the district can exceed the $0.03 maximum levy for the difference to meet that year’s principal and interest obligations.
003.03J Cooperative Fund. The Cooperative Fund may be used by the school district acting as the fiscal agent for any cooperative activity between such district and one or more public agencies as defined in Section 13-803(2) R.R.S. All public agencies, including the school district acting as the fiscal agent, must show the payment for services to a cooperative in their General Fund or other appropriate fund (see 003.03A).
003.03K Student Fee Fund. The Student Fee Fund is a separate school district fund not funded by tax revenue into which money collected from students pursuant to subdivisions (1), (3), and (8) of Section 79-2,127 R.R.S., (fees collected for participation in extracurricular activities; fees collected for postsecondary education and fees collected for summer school or night school), must be deposited. Expenditures from this fund must be for the purposes for which the fees were collected.
003.04 General Information
003.04A Creating Funds. When it is determined that one of the listed funds is necessary, the district's Board of Education approves the creation of the fund when the budget, as required by the Nebraska Budget Act, is approved. The school district's Board of Education must specifically designate the uses for the Depreciation and Employee Benefits Funds.
003.04B Discontinuing Funds. When it is determined that one of the listed funds is no longer needed, the school district's Board of Education may take action to discontinue the fund. All remaining money in the discontinued fund must be transferred to the General Fund (see 003.03A).
003.04C Loans. Any class of school district may borrow money to the amount of seventy percent of the unexpended balance of total anticipated receipts for the General Fund, Special Building Fund, Bond Fund, or Qualified Capital Purpose Undertaking Fund for the current school fiscal year and the following school fiscal year (Section 79-1070 R.R.S.). These funds may also be used to make loans to each other. School districts must follow the provisions of Sections 79-1070 to 79-1071 R.R.S., when borrowing money.
004 Coding Structure. A coding system must be developed which distinguishes revenues from expenditures, identifies source of funds, identifies objects of expenditure, and for school districts, identifies expenses at the school building level. For each type of transaction, the specific account code is a combination that includes fund, function and object codes.
004.01 Revenue
004.01A Funds. Funds must be established to carry on specific activities to attain certain objectives (see Section 003.03).
004.01B Revenue Source. These account codes permit segregation of revenues by the following sources:
004.01B1 Local Sources. Revenue from local sources is the amount produced within the boundaries of the school district.
004.01B2 County and Educational Service Unit (ESU) Sources. Revenue from county and ESU sources is revenue collected by the county or ESU and distributed to the school districts.
004.01B3 State Sources. Revenue from State sources is revenue from funds collected by the State and distributed to school districts.
004.01B4 Federal Sources. Revenue from federal sources is revenue from funds collected by the Federal Government and distributed to school districts, either directly or through some intermediate agency such as the State.
004.01B5 Non-Revenue Receipts. Revenue sources which constitute fund revenues in a strict fund accounting context, but are not considered revenues to the school district (i.e., loans, transfers from other funds, etc.).
004.01B6 Non-Program Receipts. Revenue resulting from temporary intra-agency transactions with an offsetting entry in the non-program expenditure account (i.e., receipt of transfers from a savings account to a checking account [see 004.02E]).
004.01C Project/Reporting. Project/reporting permits local school districts to accumulate revenues to meet a variety of specialized reporting requirements, particularly for federally funded programs. For example, if schools districts participating in Elementary and Secondary Education Act Title I utilize both carry-over and current fiscal year funds, it is necessary to establish an accounting system which maintains a clear audit trail on each fiscal year's funds. Likewise, many school districts conduct both school year and summer programs which also necessitates separate accounting and reporting.
004.02 Expenditure
004.02A Fund. Funds must be established to carry on specific activities or attain certain objectives (see Section 003.03).
004.02B Function. The function describes the activity for which a service or material object is acquired, exists or is used. Function includes the activities or actions that are performed to carry out the same general operational objectives of a school district.
004.02C Object. Object means the service or commodity obtained as the result of a specific expenditure. The NDE has classified objects into several major categories: (1) Salaries; (2) Employee Benefits; (3) Professional, Technical, and Property ; (4) Purchased Service; (5) Other Purchased Services; (6) Supplies; (7) Property; (8) Debt Service; and (9) Other. These broad categories may be subdivided to obtain more detailed information about Objects of Expenditures for internal reporting purposes.
004.02D School Level of Instruction. This permits segregation of expenditures by school building level.
004.02E Non-program Expenditures. An expenditure resulting from temporary intra-agency transactions with an off-setting entry in the non-program receipt account (i.e., transferring money from a checking account to a savings account [see 004.01B6]).
004.02F Project/Reporting. The project/reporting code permits school districts to record expenditures to meet a variety of specialized reporting requirements, particularly for federally funded programs. For example, if school districts participating in Elementary and Secondary Education Act Title I utilize both carry-over and current fiscal year funds, it is necessary to establish an accounting system which maintains a clear audit trail on each fiscal year's funds. Likewise, many school districts conduct both school year and summer programs which also necessitates separate accounting and reporting.
004.03 Automated Systems. In automated systems, additional codes may be needed for both the expenditure and the revenue account codes. These additional codes may be developed by local school districts as necessary.
005 Financial Reports
005.01 Budget. The budget, as required by the Nebraska Budget Act, relies upon correct and properly classified accounting information. By using the expenditure and revenue account codes as described in Sections 004.01 and 004.02, the school district would have an appropriate accounting system for budgeting.
005.02 Annual Financial Report. A report utilizing the revenue and expenditure account codes and other components of the school district accounting system that identifies the financial activity of each school building in a school district as required by the NDE. By using the expenditure and revenue account codes as described in Sections 004.01 and 004.02, the school district would have an appropriate accounting system for completing the Annual Financial Report.
006 Student Membership & Attendance Reporting The following standards are used for completing reports for the NDE.
006.01 Membership. Students must be counted in membership in their resident school district on the first day of their official enrollment. Official enrollment is determined by each school district's criteria for participation in classwork. A student is no longer a member of the school district when a transfer to another school district is affected or if he/she has withdrawn or graduated. The data from the NDE's approved data collection system (e.g. ADVISER) is used to determine membership for individual districts.
006.02 Attendance. Students must be counted in attendance when they are present or participating in remote learning on days when school is in session. A student must be counted present only when he or she is actually at the school, is present at a school sponsored activity, or participating in remote learning which is supervised or coordinated by a member or members of the school staff. This may include authorized independent study, work-study programs, field trips, athletic contests, music festivals, student conventions, instruction for homebound students, summer school instructional programs or similar activities when officially authorized under policies of the local school board. It does not include "making up" school-work at home or activities supervised or sponsored by private individuals or groups.
006.02A Attendance at the school district level must be collected at least daily and calculated to the nearest hundredth of a day.
006.02B School districts must maintain a cumulative attendance and membership record for each student.
006.02C The cumulative attendance and membership record must contain the date of enrollment, number of days or partial days in attendance and absent during each school year enrolled, and the date of withdrawal or graduation.
006.03 Aggregate Days of Attendance. This is the sum of the days in attendance (to the nearest hundredth) of all students when school was actually in session during a given reporting period.
006.04 Average Daily Attendance. The aggregate days of attendance of a school during a reporting period divided by the total possible number of days school is in session during this period. Only days on which the students are under the guidance and direction of school staff should be considered as days in session (see 006.07). The average daily attendance for a group of schools having varying lengths of terms is the sum of the average daily attendances obtained for the individual students.
006.05 Aggregate Days of Absence. Aggregate Days of Absence is derived by determining, to the nearest hundredth of a day, the total days of absence for all students.
006.06 Aggregate Days of Membership. This number represents (to the nearest hundredth) the aggregate number of days students could have been in class. It is derived by totaling the aggregate days of attendance and aggregate days of absence.
006.07 Days in Session. This number is (to the nearest hundredth) the actual number of days school is in session with teachers and students present, this may vary from what was originally planned. Only days on which the students are under the direction of school staff will be considered days in session. In grade levels where one or more students were enrolled full-time for only part of the school year and no students were enrolled for the remainder, use the same number of days in session as though the students would have been enrolled for the entire year.
006.08 Average Daily Membership. This number is the average number of students who were in membership on any given day during the school year. Calculate by dividing Aggregate Days of Membership (see 006.06) by Days in Session (see 006.07).
History
- Effective 2021-11-01
Chapter 3 Regulations Governing High Ability Learners
Neb. Admin. Code tit. 92, ch. 3 Regulations Governing High Ability Learners {#sec-92-nac-3 omnilex-key=us-ne-regs-official--title-92--92 NAC 3}
001 GENERAL PROVISIONS
001.01 Statutory Authority
This Chapter is adopted pursuant to Neb. Rev. Stat. 79-318 and 79-1105 through 79-1108.03.
001.02 Scope and Delimitations
This Chapter is adopted for the purpose of specifying consistent methods for the identification of learners with high ability, defining and providing for the standards of quality for a continuum of high ability services distributing funds to eligible school districts and combinations of school districts, and establishing requirements for measuring the academic progress of students receiving high ability services. The State Board of Education, through the provisions of this Chapter, intends to encourage schools to develop and implement plans for the appropriate education of learners with high ability. Changes to this chapter become operative beginning with the first school year that starts after the effective date of such changes.
002 DEFINITIONS
002.01 Appeals Process means a procedure for a student or a parent, or guardian to request a review of an identification, placement, or service decision on which there is a disagreement.
002.02 Assessment Tool means a measure used to ascertain evidence of potential and/or demonstrated ability. Tools should include varying measurements aligned with the operational definition of High Ability Learner.
002.03 Combination of school districts means two or more school districts acting together or an educational service unit acting on behalf of two or more school districts.
002.04 Department means the Nebraska Department of Education.
002.05 Exit Procedure means a systematic process used to determine whether a student is no longer benefitting from high ability eligibility and should be released from the identification.
002.06 High Ability Services means a continuum of academic and affective instructional approaches, settings, and staffing selected for the delivery of appropriate services to support the needs of individual learners with high ability.
002.07 Learner with High Ability has the same meaning as in Neb. Rev. Stat. 79-1107.
002.08 Local Norms means comparing student performance on standardized assessments with grade-level peers in the same local context (i.e. school building, district, etc.).
002.09 Matching Funds means funds a school district or a combination of school districts uses to fund an approved accelerated or differentiated curriculum program from sources other than the appropriation distributed pursuant to the provisions of section 006 of this chapter.
002.10 Multiple Criteria means the use of three (3) or more varied assessment tools in the identification of learners with high ability.
002.11 National Norms means the use of standardized tests to compare the scores of students with a common national standard defined by the performance of a representative national sample of students of the same age or in the same grade.
002.12 State Norms means comparing student performance on standardized assessments with a common state standard defined by the performance of a representative state sample of students of the same age or in the same grade.
002.13 Portability means that an identification as a learner with high ability by a Nebraska school district is a part of a student's permanent record, and such identification makes the student eligible for high ability services in all Nebraska school districts regardless of transfers or relocations.
002.14 Regular Curriculum means a standards-based sequence of planned learning that enables a student to master the knowledge and skills of the student's current grade level.
002.15 School District means a local system as defined in Neb. Rev. Stat. 79-1003.
002.16 School Fiscal Year means the fiscal year of a school district as defined in Neb. Rev. Stat. 79-1091.
002.17 Twice-Exceptional means a student who is:
002.17(A) Identified as a learner with high ability pursuant to this Rule; and
002.17(B) A child with a disability pursuant to Neb. Rev. Stat. 79-1117 or a qualified student with a disability pursuant to section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794, or Title II of the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12131 to 12165.
003 PLAN FOR HIGH ABILITY SERVICES
003.01 To qualify as an approved program and receive state funding for high ability learning, a school district or combination of school districts must submit a High Ability Learning Plan to the department annually. The department will approve a plan that meets the standards of quality described in this section. For a program to be approved, the plan must include the following standards of quality:
003.01(A) A definition of learner with high ability that operationalizes the elements of the definition in Neb. Rev. Stat. 79-1107;
003.01(B). The goals and objectives of the local program for learners with high ability;
003.01(C) Identification procedures for learners with high ability as described in section 004 of this chapter;
003.01(D) A description of the continuum of high ability services as described in section 005 of this chapter;.
003.01(E) The evaluation process as described in section 007 of this chapter;
003.01(F) A staff development training and support plan; and
003.01(G) A program management outline, including, but not limited to, personnel roles, the plan for communicating with parents and guardians and the public, an appeals process, and an action plan.
003.02 The approved plan may be developed by a representative planning committee including parents and guardians, classroom teachers, administrators, and outside stakeholders. Advisory members with experience or expertise in education of learners with high ability are highly encouraged to be a part of the planning committee.
003.03 Each school district or combination of school districts with an approved plan must make such approved plan available to the citizens of the school district or combination of school districts by posting a copy publicly (ex: on their respective websites, parent and guardian communication platform, etc.). A written copy must also be provided upon request.
004 IDENTIFICATION PROCEDURES
004.01 Each school district, individually or in a combination of school districts, must adopt uniform procedures to identify students as learners with high ability. The procedures may be developed or administered by an individual school district or a combination of school districts. The procedures must:
004.01(A) Recognize a student's exceptional abilities, potential, interests, and needs by creating a holistic profile. The procedures should focus on identifying areas of strength rather than emphasizing the absence of weakness;
004.01(B) Align with the operational definition of learner with high ability and any continuum of services provided;
004.01(C) Include universal consideration of all students by annually reviewing results from universally administered statewide assessments and/or whole grade norm-referenced assessments using a nationally recognized assessment instrument. This process will create a pool of potential candidates for identification of learners with high ability. This process must ensure thorough identification within the candidate pool;
004.01(D) Be based on multiple criteria. Criteria should be designed for identification of learners with high ability within the local population;
004.01(D)(i) Include scores from valid and reliable instruments that can identify exceptional abilities and potential;
004.01(D)(ii) Criteria must combine quantitative and qualitative data, including data with direct relevance to the operational definition of a learner with high ability;
004.01(D)(iii) Use local, state and/or national norms;
004.01(D)(iv) Include at least three (3) data points as follows:
004.01(D)(iv)(1) One data point must be from one of the following quantitative assessment tools:
004.01(D)(iv)(1)(a) An individually administered or group-administered, norm-referenced or criterion-referenced aptitude, ability, cognitive, achievement, or individual intelligence assessment;
004.01(D)(iv)(1)(b) A record of academic activity such as grades, grade point average, formative assessments, summative assessments, task performance, and/or student products. Performance data for twice-exceptional students should include accommodations;
004.01(D)(iv)(1)(c) The student's cumulative records, which may include progress reports, evaluations, or, for twice-exceptional learners, Individualized Education Program (IEP) or 504 Plan documentation;
004.01(D)(iv)(1)(d) Student behavior metrics, such as absenteeism, tardiness, suspension, and other documented incidents;
004.01(D)(iv)(1)(e) Results from language acquisition assessments (ex. ELPA) and/or biliteracy and language proficiency tests (ex. AAPPL, Avant STAMP) to identify advanced language development or potential among English Learners;
004.01(D)(iv)(1)(f) Analysis of variable performance across domains to identify twice-exceptional students; or
004.01(D)(iv)(1)(g) An additional valid and reliable assessment.
004.01(D)(iv)(2) The second data point must be from one of the following qualitative assessment tools:
004.01(D)(iv)(2)(a) Nominations;
004.01(D)(iv)(2)(b) An assessment of student performance, work samples, or a student portfolio;
004.01(D)(iv)(2)(c) Enrollment and evidence of success in accelerated or advanced coursework, enrichment programs, honors classes, or classes for which students are eligible to receive college credit;
004.01(D)(iv)(2)(d) A record of accomplishments, such as awards, honors, extracurricular achievements, or success in external organizations;
004.01(D)(iv)(2)(e) Observation checklists or anecdotal records;
004.01(D)(iv)(2)(f) Rating scales, checklists, or questionnaires;
004.01(D)(iv)(2)(g) An individual interview; or
004.01(D)(iv)(2)(h) Teacher, school personnel, parent or guardian, Community member, peer, or self-input; and
004.01(D)(iv)(3) The third data point and any additional data points may be from the categories in subdivision 004.01(D)(iv)(1) or 004.01(D)(iv)(2) of this section, from an additional valid and reliable measure or procedure, or from teachers, parents or guardians, community members, peers, or self-input; and
004.01(E) Include an appeals process for parents, guardians, or other persons exercising legal or actual charge or control over the child to appeal any decision of the school regarding the identification or non-identification of their child as a learner with high ability.
004.02 Within thirty (30) school days following the identification of a learner with high ability, the district must notify a parent or guardian of such identification and provide the procedures under which the student was identified as a learner with high ability and other relevant information.
004.03 Within the first thirty (30) school days following the identification of a learner with high ability, the school district administration must provide the classroom teacher with documentation of such identification.
004.04 If a student is identified as a learner with high ability but will not receive high ability services, the school district or combination of school districts must provide written notice to a parent or guardian that no high ability services will be provided.
004.05 Identification as a learner with high ability in Nebraska is portable. Each school district or combination of districts must establish and implement procedures for the statewide portability of an identification as a learner with high ability, including, but not limited to:
004.05(A) Transferring the evidence for any such identification and information about any high ability services received with the student records if a student leaves the school district prior to graduation;
004.05(B) Reviewing the student records of any student transferring into the school district within thirty (30) school days of enrollment to determine if the student has been identified as a learner with high ability, if the student has received any high ability services, and what, if any, high ability services will be provided to the student;
004.05(C) If under subdivision 004.05(B) of this chapter a student transferring into the school district is found to have been identified as a learner with high ability, communicating with parents and guardians within sixty (60) calendar days of enrollment about any high ability services to be provided to the student; and
004.05(D) If the learner with high ability identification records for any student transferring into the school district are incomplete, consulting with the former school district or a parent or guardian, to obtain the complete record.
004.06 The identification status of a student identified as a learner with high ability may only be terminated by a school district or combination of school districts following an exit procedure established pursuant to this subdivision. Each school district or combination of school districts must develop a formal exit procedure which includes, but is not limited to:
004.06(A) Provision of a written notice to a parent or guardian that the student's identification as a learner with high ability is under review. Such notice must include the reason for undertaking such review. The reason must be based on a legitimate educational concern related to high ability services. Behavioral concerns, academic/achievement performance, or transferring schools alone do not qualify as legitimate educational concerns related to high ability services. Exit decisions must be based on comprehensive evidence that aligns with the operational definition of a high ability learner and the student's demonstrated needs;
004.06(B) An evaluation of student performance. The evaluation must be designed to identify the source of the student's legitimate educational concern related to high ability services and identify the most appropriate intervention. Multiple data points should be considered. No single criterion, such as grades or conduct, is sufficient to remove a student's identification as a student with high ability;
004.06(C) Communication with a parent or guardian and the student to discuss the results of the evaluation;
004.06(D) Development of an action plan addressing the area of concern for a designated period of time. This may include, but is not limited to, behavior intervention, a change in services, or additional evaluation;
004.06(E) A review of the data at the end of the designated period to determine whether the student's high ability identification status should be maintained or formally exited, based on the student's educational needs;
004.06(F) Notification of a parent or guardian in writing of the determination. The determination may be appealed by a parent or guardian pursuant to the appeals process developed pursuant to subdivision 004.01(E) of this chapter; and
004.06(G) Eligibility for a student who is exited from their status as learner with high ability may be reidentified as a learner with high ability in the same manner as any other student is so identified.
004.07 In cases where a student identified as a learner with high ability transfers to a school district that does not offer high ability services or does not offer services in the identified domain (e.g., math, performing arts), the receiving school district must:
004.07(A) Provide written notice to the parent or guardian within thirty (30) school days of the student's enrollment. This notice must clearly state that the school district or combination of school districts does not offer services in the identified area of high ability or does not provide high ability services;
004.07(B) Maintain the student's record of high ability identification, regardless of the availability of services within the school district or combination of school districts, unless the exit procedure outlined in section 004.06 is followed; and
004.07(C) Provide the parent or guardian the opportunity to discuss any alternative educational options that may be provided to support the students' continued growth.
005 CONTINUUM OF HIGH ABILITY SERVICES
005.01 Each school district or combination of school districts serving learners with high ability must serve identified learners with high ability during the school day. Additional offerings, such as academic competitions, clubs, or optional extracurricular activities may be used supplementally. School districts, or a combination of school districts, must serve such students using a continuum of high ability services that may include, but are not limited to, the following:
005.01(A) Differentiated Curriculum. Differentiated curriculum is an adjustment of the regular curriculum that provides challenges at appropriate levels according to the strengths of individual students. Differentiated curriculum provides such challenges through modified processes, products, or content, including, but not limited to:
005.01(A)(i) Curriculum Enrichment. Curriculum enrichment is the process of enhancing the regular curriculum by offering additional opportunities, resources, or activities that extend, deepen, or broaden learning experiences for students who have already mastered or can quickly master the standard content;
005.01(A)(ii) Curriculum Compacting. Curriculum compacting is the process of assessing student mastery and adjusting curriculum for students who have already mastered the material replacing content students know with new content, enrichment options, or other activities;
005.01(A)(iii) Project-Based Learning. Project-based learning (PBL) is a learning model that encourages the active participation of learners with high ability and allows such learners to gain knowledge and develop skills as they work to investigate a complex problem, question, or challenge over a sustained amount of time. PBL enhances both academic and social skills and emphasizes the use of technology;
005.01(A)(iv) Independent Study. Independent study is a learning model where a student conducts self-directed research projects that are carefully planned with the teacher and monitored frequently; or
005.01(A)(v) Advanced Academic Courses. Advanced academic courses are designed to offer more challenging learning experiences than the regular curriculum, often at a faster pace and more in-depth. Examples include: courses for which students are eligible for college credit, honors courses, and dual enrollment.
005.01(B) Grade-Based Acceleration. Grade-based acceleration occurs when a student moves through the regular curriculum at a rate faster than typical of the same-aged peers. Curriculum acceleration includes, but is not limited to, skipping a grade level, subject-based acceleration, early entrance into kindergarten or postsecondary education, or earning credit by examination.
005.01(C) Student Ability or Flexible Grouping. Student ability or flexible grouping is the use of various organizational formats to meet the academic and affective needs of learners with high ability through placement with like-ability peers. Grouping is flexible and uses data to group and regroup students for learning activities based on their strengths, interests, and readiness. This includes, but is not limited to:
005.01(C)(i) Cluster Grouping A method of grouping in which high ability students at a specific grade level are placed together in one classroom, along with a group of high-achieving and average-ability students. This reduces the span of academic readiness levels the teacher needs to manage, making it easier to provide targeted instruction while ensuring exposure to rigorous content to students who have not yet been identified to help develop their talents;
005.01(C)(ii) Enrichment Clusters Collaborative, choice-based projects, usually scheduled for one or two periods a week and conducted in cycles throughout the year that allow students and teachers to work in areas of interest with others who share the same interest,
005.01(C)(iii) Pull-out Programs Students with advanced potential are pulled from their regular classrooms to work with a staff member who facilitates accelerated and/or enriched learning experiences, or
005.01(C)(iv) Cross-Grade Grouping Students of similar ability are grouped across different grade levels in particular subjects; and
005.01(D) Mentoring/Shadowing. The pairing of a student with an individual with specialized knowledge in a short-term or in-depth, mentoring relationship designed to provide a series of meaningful learning experiences. This experience may occur within a school setting or at an external location.
005.02 Learners with high ability require affective support to foster cognitive growth. Therefore, targeted affective skill development and growth and sucess supports must be provided by each eligible, approved school district or combination of school districts with an approved plan.
005.02(A) Affective Skill Development refers to the intentional teaching and development of emotional, social, and interpersonal skills to address the unique needs and challenges associated with learners with high ability. This includes, but is not limited to, providing opportunities for students to develop emotional intelligence, resilience, and interpersonal skills through targeted activities, discussions, and peer interactions.
005.02(B) Growth & Success Supports provides targeted strategies to address the unique social and emotional needs of high ability learners, preparing them to succeed and become college and career ready. This includes, but is not limited to, approaches for managing perfectionism, underachievement, transitions, academic planning, and performance, as well as vocational and career awareness, exploration, and planning.
006 STATE FUNDING
006.01 The Department will, annually on or before October 15, distribute funds appropriated for approved accelerated or differentiated curriculum programs to school districts and combinations of school districts.
006.02 Each school district may apply to the Department individually or in a combination of school districts for base funds and matching funds. Each eligible applicant school district or combination of school districts will receive one-tenth of one percent of the appropriation as base funds plus a pro rata share of the remainder of the appropriation based on identified learners with high ability participating in an approved program as matching funds. For purposes of calculating matching funds under this subsection, the number of identified learners with high ability participating in an approved program in any school district may not exceed ten percent of the prior school year's fall membership as defined in Neb. Rev. Stat. 79-1003. Each applicant school district or combination of school districts must:
006.02(A) Provide an approved program pursuant to section 003 of this chapter for students identified as learners with high ability;
006.02(B) Provide matching funds greater than or equal to fifty percent of the matching funds received pursuant to this chapter;
006.02(C) On or before August 1 of the year following the receipt of funds, provide an accounting in the manner prescribed by the Department of the funds received pursuant to this section, matching funds required by subdivision 006.02(B) of this chapter, and the total cost of the accelerated or differentiated curriculum program; and
006.02(D) Provide data regarding the academic progress of students participating in the accelerated or differentiated curriculum program as required under subsection 007.02 of this chapter.
006.03 If a school district or combination of school districts will not be providing the necessary matching funds required by subdivision 006.02(B) of this chapter, the school district or combination of school districts must request a reduction in the amount received such that the school district or combination of school districts will be in compliance with such requirement. A school district or combination of school districts not complying with the matching fund requirement in subdivision 006.02(B) of this chapter will be ineligible for funds in the following year.
006.04 A School district or combination of school districts applying for base and matching funds under this section must use the application forms provided by the Department. Such applications must be received by the Department by September 15 of each year.
006.05 School districts that are applying for funding under this chapter as part of a combination of school districts must determine the method for identifying expenditures for funding with the approved program and reach a consensus on a mutually-beneficial plan.
006.06 Each school district or combination of school districts must provide an accounting of funds to the Department pursuant to Neb. Rev. Stat. 79-1108.02 on forms provided by the Department. Each combination of school districts must designate a fiscal agent, which may be one of the member school districts or an educational service unit. The fiscal agent will complete the application, revise and publish the approved plan, and provide the accounting of funds to the Department.
007 DATA, EVALUATION, AND FUTURE PLANNING
007.01 Data requirements for measuring and reporting academic progress: Each school district must gather and maintain aggregate data measuring the academic progress for the school district's identified learners with high ability. Each school district or combination of districts must provide the data required under this subsection to the Department by June 30 of each school year electronically via the Department's reporting system using the Department's student identifier system.
007.01(A) At a minimum, such data must include:
007.01(A)(i) Individual achievement, including student achievement data collected pursuant to 92 NAC 10;
007.01(A)(ii) SAT/ACT scores;
007.01(A)(iii) Graduation rates; and
007.01(A)(iv) The number of identified learners with high ability participating in courses for which students are eligible for college credit, honors courses, or dual enrollment.
007.01(B) Each school district must provide the data required under subsection 007.01 of this chapter to the Department on forms prescribed by the Department.
007.02 Program review Each school district or combination of school districts serving learners with high ability must establish procedures for both formative and summative evaluation for a review. The purpose of such evaluation is to measure program effects, identify strengths, and provide information to drive continuous improvement of supporting learners with high ability.
007.02(A) The evaluation procedures must include input from parents and guardians, educators, students, and community members.
007.02(B) Each school district or combination of school districts must conduct a comprehensive program review at least once every five years. A report summarizing the program review process and its outcomes must be submitted to the Department within each five-year period. The program review process should include, but is not limited to:
007.02(B)(i) Methods and tools for evaluation, including, but not limited to, a schedule for periodic feedback and review of the program goals, identification process, services, personnel, budget, and reporting practices;
007.02(B)(ii) Collection and analysis of data about student performance, including, but not limited to, academic and affective outcomes; demographics, learning climate, and former high school students. Analysis includes, but is not limited to, outcomes in relation to program goals and identification proportionality;
007.02(B)(iii) Analysis of progress toward the goals outlined in the approved plan;
007.02(B)(iv) Personnel qualifications and staff development, including, but not limited to, the number of FTE dedicated to learners with high ability, the number of high ability endorsed staff, counselors, and number of professional learning hours related to learners with high ability;
007.02(B)(v) Communication, including, but not limited to, efforts to publicize the approved plan, communication with parents and guardians regarding identification and services, and community and family engagement; and
007.02(B)(vi) Stakeholder perceptions, including, but not limited to, student, parent or guardian, staff, and community perceptions of the program.
007.03 Plan revisions Each approved plan should be revised each five years in response according to the results of the evaluation review. Revised plans should include, but not be limited to, findings from the review process, changes implemented, and newly established goals.
007.04 The evaluation procedures and reviewmust be available for review by interested persons upon request after redaction of any personally identifiable student information.
008 APPEALS
008.01 Any applicant for funding under section 006 of this chapter aggrieved by a decision of the Department related to this chapter may request in writing a review by the Commissioner of Education within fifteen (15) calendar days of receipt of the Department’s decision. The Commissioner must review the claim together with all other materials submitted in the claimant's application, the requirements of this chapter, and state law. The Commissioner, within ninety (90) calendar days of the Department’s receipt of the claim, must make a final written determination regarding the claim. A copy of the final written determination must be mailed to the claimant, certified mail, return receipt requested.
008.02 If the claimant disagrees with the Commissioner’s final written determination, the claimant may request a hearing on the determination within fifteen (15) calendar days following receipt of the final written determination pursuant to 92 NAC 61(Rule 61).
009 PENALTIES FOR NONCOMPLIANCE
009.01 In addition to other penalties which may be provided by law for noncompliance with the requirements of Neb. Rev. Stat. 79-1105 through 79-1108.03 and the requirements of this chapter, the failure of a school district to comply with the identification requirements of Neb. Rev. Stat. 79-1108 and section 004 of this chapter will be treated as a violation of a mandatory provision of 92 NAC 10 (Rule 10), and may subject the school district to loss of accreditation as provided in that chapter. A school district may comply with the identification requirements in combination with one or more other school districts.
History
- Effective 2025-11-25
Chapter 4 Textbook Loans to Children Enrolled in Private Schools in Nebraska
Neb. Admin. Code tit. 92, ch. 4 Textbook Loans to Children Enrolled in Private Schools in Nebraska {#sec-92-nac-4 omnilex-key=us-ne-regs-official--title-92--92 NAC 4}
001 General Provisions
001.01 Statutory authority. This chapter is adopted pursuant to Neb. Rev. Stat. § 79-734.
001.02 Scope and application. This chapter covers the loan of textbooks to private school children. For school years through the 2024-25 school year, boards of education have the power and duty to purchase and loan textbooks to private school children; provided, however, that boards of education are only obligated to purchase and loan textbooks to the extent that the Legislature of the State of Nebraska appropriates funds to be distributed by the State Department of Education for the purpose of purchasing and loaning textbooks to private school children as provided in Neb. Rev. Stat. § 79-734(2)(a) and sections 003 and 004 of this chapter. For the 2025-26 school year and each school year thereafter, the department has responsibility for the purchase and loan of textbooks to private school children to the extent that the Legislature appropriates funds for such purpose as provided in Neb. Rev. Stat. § 79-734(2)(b) and sections 005 and 006 of this chapter.
002 Definition of Terms
As used in this chapter:
002.01 Authorized parent representative means a person or persons authorized by the parents or legal guardians of private school children to represent them in the proceedings applicable to this chapter through the 2024-25 school year.
002.02 Board of education means the governing body of any class of school district in the state of Nebraska which is required to purchase, pursuant to Neb. Rev. Stat. § 79-734(1), all textbooks, equipment and supplies necessary for the schools of such school district.
002.03 Commissioner means the individual appointed by the State Board of Education under section 79-318(1). To the extent the Commissioner contracts with a third-party vendor under the provision of this chapter, the third-party vendor assumes the authority to carry out the responsibilities of the Commissioner under this chapter.
002.04 Designated agent means an administrator employed by a private school, who has notified the Commissioner that such administrator will act on behalf of children enrolled in such school with regard to the provisions of this chapter based on authorizations received from parents and guardians pursuant to section 005.01 of this chapter and compliance with section 005.03 of this chapter.
002.05 Loan means the provision of a textbook for use by a private school child pursuant to this chapter. The ownership of such textbook remains with the department regardless of where the textbook is located.
002.06 Private school means a private, denominational, or parochial school accredited or approved under the provisions of Title 92, Nebraska Administrative Code, Chapters 10 or 14 (92 NAC 10 or 14).
002.07 Private school child means a child enrolled in a private school.
002.08 Pro rata reduction means a reduction in the total amount requested by each board of education based on the total funds appropriated by the Legislature divided by the total amount of funds requested by all boards of education under section 003 of this chapter prior to July 1, 2024.
002.09 School district means the territory under the jurisdiction of a board of education.
002.10 Textbook has the same meaning as in Neb. Rev. Stat. § 79-734(3).
002.11 Third-party vendor means an entity that carries out the provisions of this chapter pursuant to a contract with the Commissioner.
003 Application Procedures for Textbook Loans for School Years through the 2024-25 School Year
Applications by a parent, legal guardian, or authorized parent representative for the loan of textbooks must be made to the school district in which the child resides or the school district in which the private school the child attends is located no later than January 15, for the following school year, and must be made on behalf of each individual child on designated Form NDE #22-001. Parents authorizing a parent representative to apply for pickup and return of textbooks, must fill out and give to the parent representative an Authorized Parent Representative Form (NDE Form #22-004) for presentation to local school officials. Textbooks designated, by title, for use in the public schools of the school district in which the child resides or of the school district in which the private school attended by the child is located may be requested for loan. The copyright edition of such textbook titles to be loaned, including the most recent copyright edition offered by the publisher, will be at the discretion of the parent(s) or legal guardians(s), if multiple versions are available.
003.01 Return of textbooks. Except as provided in section 004.10 of this chapter, the parent, legal guardian, or authorized parent representative of a private school child must return textbooks that can be returned to an inventory site and loaned anew to another private-school student to the designated inventory site as provided in Section 004.07 within 15 days after the close of the public school year classes.
003.02 Lost or damaged textbooks. If a parent, legal guardian, or authorized parent representative fails to return a textbook as required in Section 003.01 or returns a textbook damaged beyond ordinary wear and tear, he/she will be responsible for reimbursing the school district for the loss of the non-returned textbooks or the damage. School districts may refuse to loan textbooks to parents, legal guardians, or authorized parent representatives who have failed to reimburse the school district for lost or damaged textbooks. See Section 004.08 regarding use of reimbursed funds.
003.03 Limitations. The school district must limit the loan each year to ten textbooks per child for children in grades K-6 and to eight textbooks per child for children in grades 7-12.
004 Requirements for Boards of Education Through the 2024-25 School Year
004.01 Local procedures. Each school district must have local rules and regulations for the distribution of textbooks and the management of funds under this chapter, which must include, but not be limited to:
004.01A Making available, no later than November 15, a list of textbooks designated for use in the public schools of the district during the current school year, a list of any new textbooks that the school district has determined by November 15 must be used during the next school year, and a list showing, by title (including edition and copyright), the numbers of all textbooks previously purchased for the textbook loan program and still available for loan. As applicable, the lists must indicate if a textbook is multiple texts, a non-tangible electronic or digital format, e.g. web-based (on-line) material, accessible by private school children through a subscription or license agreement; or a hard-copy, write-in work text accessible by private school children pursuant to a multi-year subscription (see Section 002.03).
004.01B The availability of a copy of the list for inspection at the central administrative offices of the district, as well as reproduction at a reasonable cost upon request.
004.01C Procedures and dates for distribution of textbooks, for return of textbooks that can be returned to an inventory site and loaned anew to another private-school child and for the provision and cessation of access to instructional material provided through a license or subscription agreement if applicable (see Section 002.03).
004.01D Procedures for the receipt and disbursement of funds pursuant to this chapter.
004.01E Procedures for establishing and maintaining a separate inventory of textbooks for loan to private school children.
004.01F Procedures for disposing of unused textbooks. Only textbooks which have not been requested for three consecutive years may be classified as unused and, therefore, disposed of by sale or otherwise. All funds received from any sale of unused textbooks that were originally purchased pursuant to this chapter must be retained in a separate account, treated in the same manner as carryover funds and used to offset the amount otherwise to be requested in one or more future years for distribution under this chapter.
004.02 Notification. Boards of education must , at least ten days prior to the beginning of public school classes, notify in writing the parent, legal guardian, or authorized parent representative of each private school child at the address specified in the application, where and when textbooks will be made available.
004.03 Receipt. Boards of education must require a parent, legal guardian, or authorized parent representative of each private school child to sign a receipt at the time the textbooks that can be returned to an inventory site and loaned anew to another private school child are picked up on designated Form NDE #22-002.
004.04 Distribution of funds. Boards of education must make application for funds from the Department of Education by filing an application with the Department of Education on designated Form NDE #22-003, no later than February 15 preceding the start of classes for the school year for which the application has been made. The board of education must specify in the application:
004.04A The total number of applications received;
004.04B The total number of textbooks requested and the total number of textbooks needed to be purchased to fulfill the requests;
004.04C The dollar amount to purchase the number of textbooks needed to be purchased in order to fulfill the requests. A district may claim up to 5% of that cost in order to defray administrative expense;
004.04D The titles of all textbooks, the number requested of each textbook, the price per textbook, and, if applicable, the amount of shipping and handling charges added to the invoice or billing by the seller/vendor; and
004.04E If applicable, the amount of carryover funds remaining from the previous year if the total amount received was not expended (and an explanation of the reasons for the carryover), the amount of funds on hand from any sale of unused textbooks (per Section 004.0lF), and the amount of funds on hand from reimbursements received for damaged textbooks (per Section 004.08).
004.05 Time of distribution. The Department of Education must distribute available funds no later than March 15.
004.06 Purchase of textbooks. If, after the distribution of funds, boards of education are unable to provide all of the textbooks for which applications have been made due to a pro rata funding reduction by the Department of Education, then boards of education may seek input from the authorized parent representatives, and thereupon must use their best judgment in selecting the textbooks which will be purchased. If, after exercising such judgment, there are not enough textbooks of a particular subject and grade level to fulfill all of the individual requests, then such textbooks must be distributed on the basis of a random drawing.
004.07 Availability of textbook inventory.
004.07A Tangible textbooks purchased with funds appropriated for purposes of this chapter must be maintained in a separate inventory and must be made available to private school children so long as the textbook titles remain on the list required in Section 004.0lA, and the textbooks are not lost, stolen, destroyed, or damaged beyond repair. Such inventory may be maintained at a facility of the school district which purchased the textbooks or at an alternative site or sites agreed upon by the school district and the authorized parent representative(s) responsible for such textbooks. If an alternative inventory site is designated, the authorized parent representative(s) will be deemed to have custody of such textbooks, be personally liable for the safekeeping of such textbooks, and must maintain a documented inventory-control system as agreed upon with the school district.
004.07B Any unexpired subscriptions and license agreements that constitute textbooks purchased with funds appropriated for purposes of this chapter must be maintained separately in the form of documentation.
004.08 Recovery of damages. Amounts reimbursed by children , parents, guardians or authorized parent representative(s) for damaged textbooks or textbooks not returned pursuant to Section 003.01 must be retained in a separate account and used to offset the amount otherwise needed to be requested in future years for distribution under this chapter.
004.09 Textbook list. Each school district must provide a detailed list, as prescribed by the Commissioner, of the textbooks maintained in the inventory required pursuant to section 004.07 of this chapter for the 2024-25 school year, including textbooks loaned to private school children for such school year.
004.10 Retention of textbooks. Any designated agent who meets the requirements of section 005.03 of this chapter for the 2025-26 school year on or before October 15, 2024, may retain any textbooks loaned to children in the designated agent’s school under the provisions of section 003 of this chapter that are in the possession of such agent or school at the end of the 2024-25 school year.
004.11 Textbooks not retained. The Commissioner must notify school districts of the procedures to be followed for any textbooks which are not retained by a designated agent at the end of the 2024-25 school year.
005 Procedures for the 2025-26 School Year and Each School Year Thereafter
005.01 Authorization. A parent or legal guardian of a private school child may authorize such child to borrow textbooks pursuant to this chapter through a designated agent by signing a document at the time of enrollment that states:
“By enrolling my child in [name of private school], I hereby authorize the administrator of the school to act as my designated agent for purposes of requesting and borrowing textbooks, pooling per child allocations when requesting textbooks, and representing me in all other matters under 92 NAC 4 (Rule 4).”
005.02 Annual notice to private schools. On or before September 1 of each year, the Commissioner must send a written notice to the administrator of each private school indicating that the deadline for participation in the provisions of this chapter for the following school year is October 15.
005.03 Annual participation. By October 15 of each year, each designated agent must notify the Commissioner, in a manner prescribed by the Commissioner, that such designated agent, or the designated agent’s predecessor, has complied with all requirements of this chapter and that the designated agent will participate in the provisions of this chapter on behalf of the parents and children of such school for the following school year.
005.04 Estimated child allotment of funds.
005.04A The Commissioner will divide (a) the total amount of funds appropriated by the Legislature, less up to five (5) percent for administrative costs, by (b) the total membership reported on October 1 for all private schools with a designated agent for such school year to establish the per child allotment.
005.04B The Commissioner will multiply the per child allotment by the membership as of October 1 for each private school with a designated agent for such school year to determine the estimated allotment of funds.
005.04C On or before November 30 of each year, the Commissioner will provide the estimated allotment of funds for the following school year to each designated agent.
005.05 Textbook request procedures. The designated agent must, by a date and with such information as prescribed by the Commissioner, submit a request for textbooks to the Commissioner. Confirmation of the textbook order with projected cost, along with projected delivery date if known, must be communicated to the designated agent by the Commissioner. Requested textbooks may be delivered directly to the school of the designated agent.
005.06 Identification as property of state. All physical textbooks loaned under this chapter must be marked or otherwise identified as property of the State of Nebraska by the designated agent when delivered.
005.07 Electronic and digital textbooks. Any license or subscription to use electronic or digital textbooks must be held by the Commissioner but may be managed by the designated agent.
005.08 Textbook list. Each designated agent must maintain a detailed list, as prescribed by the Commissioner, of textbooks received under this chapter and must provide such list to the Commissioner upon request.
005.09 Return of textbooks. On or before June 30 following each school year, the designated agent must provide to the Commissioner a detailed list, as prescribed by the Commissioner, of all textbooks in the school or agent’s possession which are no longer in use. Within thirty days of receipt of such detailed list, the Commissioner must notify the designated agent which textbooks must be returned and the location where such textbooks must be returned. Any textbooks that are not required to be returned must be disposed of according to procedures prescribed by the Commissioner. Textbooks received under the provision of this chapter may not be sold by the school.
History
- Effective 2024-11-10
Chapter 6 Regulations and Standards for Uniform Sharing of Student Data, Records and Information
Neb. Admin. Code tit. 92, ch. 6 Regulations and Standards for Uniform Sharing of Student Data, Records and Information {#sec-92-nac-6 omnilex-key=us-ne-regs-official--title-92--92 NAC 6}
001 General Information
001.01 Statutory Authority. This Chapter is adopted pursuant to Section 79-2,104(4) of the Revised Statutes of Nebraska (R.R.S.), which states that: “The Legislature finds and declares that the sharing of student data, records, and information among school districts, educational service units, learning communities, and the State Department of Education, to the fullest extent practicable and permitted by law, is vital to advancing education in this state. Whenever applicable law permits the sharing of such student data, records, and information, each school district, educational service unit, and learning community shall comply unless otherwise prohibited by law. The State Board of Education shall adopt and promulgate rules and regulations providing for and requiring the uniform sharing of student data, records, and information among school districts, educational service units, learning communities, and the department.”
In addition, Section 79-318(5)(e) R.R.S. provides that, through the Commissioner, the State Board shall prescribe a uniform system of records and accounting for keeping adequate educational records, for gathering and reporting necessary educational data and for evaluating educational progress. Finally, Section 79-318(11) R.R.S. provides that the State Board shall interpret its own policies, standards, rules, and regulations and, upon, reasonable request, hear complaints and disputes arising therefrom.
001.02 Scope and Application of this Chapter. This Chapter contains provisions that address the disclosure of personally identifiable student information from or in education records maintained by or on behalf of a public school district, educational service unit (ESU), a learning community or the Nebraska Department of Education (the Department) to any one or more other school districts, educational service units, learning communities, or the Department.
001.03 Related Law and Regulations. Several provisions of both state and federal law and regulations relate to matters concerning the disclosure and confidentiality of student records and information.
The federal Family Educational Rights and Privacy Act, (FERPA), Title 20, United States Code, Sec. 1232g and implementing regulations at Title 34, Code of Federal Regulations, Part 99, address the rights of inspection and review and amendment of education records by parents and eligible students, as well as the disclosure of personally identifiable information from education records by educational agencies or institutions to which funds have been made available by the
United States Secretary of Education as described at 34 CFR 99.1. The federal laws and regulations of the Individuals with Disabilities in Education Act (IDEA) incorporates FERPA and provides additional measures and requirements concerning the confidentiality and maintenance of education records of students under that law. (See 20 U.S.C. 1417(c), 20 U.S.C. 1439(a)(2) and 34 CFR 300.610 – 300.627).
The National School Lunch Act at Title 42, United States Code, Sec. 1758 limits the use or disclosure of any information obtained from an application for free or reduced priced meals or from a state or local education agency and provides criminal penalties for non-compliance.
Section 79-2,104 R.R.S. addresses access to student files and records in public schools in Nebraska. That statute specifically provides that it “does not preclude or prohibit the disclosure of student records to any other person or entity which may be allowed to have access pursuant to [FERPA]. Section 79-2,105 R.R.S. provides that a copy of a Nebraska public or private school’s files or records concerning a student shall be provided at no charge, upon request, to any public or private school to which the student transfers. Section 84-712.05(1) R.R.S. states that personal information in records regarding a student, prospective student or former student of any educational institution may be withheld from the public by the lawful custodian of records, other than routine directory information specified and made public consistent with FERPA.
In addition, other Chapters of Title 92 of the Nebraska Administrative Code (NAC) address education records. Chapter 51 (92 NAC 51) at Section 009 provides for certain procedural safeguards concerning records of children with disabilities. Chapter 27 (92 NAC 27) contains a professional practices requirement that all holders of public school teaching, administrative or special service certificates shall keep in confidence personally identifiable information as described in that regulation.
002 Definitions
002.01 Department means the Nebraska Department of Education, which is comprised of the State Board of Education and the Commissioner of Education.
002.02 Directory Information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
002.03 Disclose/Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.
002.04 Education Record(s) means those records that are directly related to the student and maintained by an educational agency or institution. Specific examples of what this term does not include are described in FERPA at 34 CFR 99.3 where this term is further defined.
002.05 Educational Agencies or Institutions means a Nebraska school district, educational service unit (ESU), learning community or the Department.
002.06 Eligible Student(s) means a student who has reached 18 years of age.
002.07 ESU means an educational service unit as described in the Educational Service Units Act at Sections 79-1202 and 79-1204 R.R.S.
002.08 FERPA means the federal Family Educational Rights and Privacy Act, Title 20, United States Code, Sec. 1232g and implementing regulations at Title 34, Code of Federal Regulations, Part 99.
002.09 Institutional Service or Function means a service or activity that an educational agency or institution is authorized to and could perform on its own using its own employees and is for its own benefit or for purposes of compliance with law, regulation or other requirements.
002.10 Learning Community means a political subdivision which shares the territory of member school districts and is governed by a learning community coordinating council as set forth in Sections 79-2101 R.R.S. et seq.
002.11 Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.
002.12 Personally Identifiable Information means, but is not limited to:
(a) The student's name;
(b) The name of the student's parent or other family members;
(c) The address of the student or student's family;
(d) The personal identifier of such as a student number, or biometric record;
(e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; and,
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.
002.13 State and Local Educational Authorities means a Nebraska school district, ESUs, learning communities, the Department, and the authorized representatives of such entities.
003 Required types of information that each school district shall designate as “directory information”
003.01 General Background and Required Designations. In order to promote a more uniform exchange of information between educational agencies or institutions, each educational agency or institution shall, at a minimum, designate the following as directory information:
003.01A Current and former students’ names, date and place of birth, dates of attendance and school(s) attended, graduation, descriptions of participation in officially recognized activities and sports, honors and awards received, and;
003.01B The grade level of current students.
003.02 Directory Information “Opt-Out” by Parent. A parent or eligible student has a right to refuse to let an educational agency or institution designate as directory as to their child(ren) any or all types of information the educational agency or institution has designated as directory information. Any refusal must be in writing and provided by the parent or eligible student to the agency or institution within thirty days of enrollment each year.
004 Sharing of Personally Identifiable Student Records Between School Districts, Learning Communities, ESUs and the Department
004.01 General Background. Applicable law permits an educational agency or institution to disclose personally identifiable information from a student’s education record maintained by it, or on behalf of it, in the following circumstances:
004.01A To a party to whom the educational agency or institution has outsourced institutional services or functions, provided that the party (i) performs an institutional service or function for which the educational agency or institution would otherwise use its own employees; (ii) is under the direct control of the educational agency or institution with respect to the use and maintenance of the education records; (iii) the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student; and (iv) only uses the information for which the disclosure was made;
004.01B To authorized representatives as set forth in Section 79-2,104(3)(a) R.R.S. of state and local educational authorities when in connection with an audit or evaluation of any federal or state supported education program or for the enforcement of or compliance with federal legal requirements that relate to those programs. The disclosing educational agency or institution and the state or local educational authority must also adhere to the requirements concerning the use, protection and destruction of the personally identifiable information, and utilize the written agreement provided for in Appendix A of this Chapter; or
004.01C To other educational agencies or institutions or state or local educational authorities conducting studies for it or on its behalf to (i) develop, validate, or administer predictive tests; (ii) administer student aid programs; or (iii) improve instruction. The study must be conducted in accordance with the requirements of Appendix B of this Chapter.
004.02 Requirement for school districts, ESUs, learning communities, and the Department. Whenever any school district, ESU, learning community, or the Department may disclose personally identifiable information in or from education records under one or more of the circumstances described in Sections 004.01A – 004.01C of this Chapter to a school district, ESU, learning community, or the Department, it shall do so when a written request is made of it for such information or records by authorized representatives of such school district, ESU, learning community, or the Department. If the school district, ESU, learning community, or the Department decides not to provide such information as requested, then the school district, ESU, learning community or the Department shall provide written notification to the entity making the request and its reason(s) for denying the request.
004.03 De-Identified Student Information. Information from student records that contains personally identifiable information as defined in Section 002.12 of this Chapter may be altered so as to remove or mask elements and cause such records to be de-identified. In such cases, the records are then not personally identifiable information from student records, may be disclosed generally, and shall be de-identified and disclosed upon request as between school districts, ESUs, learning communities and the Department when such de-identified information satisfies the request and purpose of the requesting entity, and such de-identification can be reasonably accomplished.
004.04 Data Security. Information exchanged between all parties shall be maintained and supported through secure transfer methods. Every effort and process should be ensured to protect the integrity and confidentiality of any related data records. In addition, Section 004.03E of 92 NAC 27 provides that an educator shall keep in confidence personally identifiable information that has been obtained in the course of professional service, unless disclosure serves professional purposes, or is required by law.
005 Compliance is Mandatory
005.01 School Districts. Compliance by school districts with the requirements of this Chapter is a condition of continuing accreditation under Title 92, Nebraska Administrative Code, Chapter 10, beginning the first full school year (July 1-June 30) following the effective date of this Chapter.
005.02 ESUs. Compliance by ESUs with the requirements of this Chapter is a condition of continuing accreditation under Title 92, Nebraska Administrative Code, Chapter 84, beginning the first full school year (July 1-June 30) following the effective date of this Chapter.
006 Dispute Resolution (Complaints)
006.01 Administrative Review. Any educational agency or institution that believes its request for student information as provided under Section 79-2,104 R.R.S. and this Chapter has been unlawfully denied may request in writing a review by the Commissioner of Education within thirty (30) days after receiving a denial letter as set forth in Section 004.02 of this Chapter, and a copy of the written request for review shall be provided to the entity that issued the denial letter under Section 004.02 of this Chapter. The parties may submit in writing any additional information to the Commissioner of Education to further explain their positions in the matter and shall simultaneously provide copes to all entities involved. The Commissioner of Education shall provide written notification to the entities regarding any decision in the matter.
006.02 Appeal. Within thirty (30) days of the date of the Commissioner of Education’s written decision, an educational agency or institution may appeal the Commissioner of Education’s decision pursuant to Chapter 61 (92 NAC 61).
Appendix A – Required Terms for any Written Agreement for Disclosure of Personally Identifiable Information from Education Records for Purposes of an Audit, Evaluation or to Comply with Federal, Legal or Program Requirements
(1) The educational agency or institution must use a written agreement to designate any authorized representative, other than an employee. The written agreement must--
(a) Designate the individual or entity as an authorized representative;
(b) Specify--
(i) The personally identifiable information (PII) from education records to be disclosed;
(ii) That the purpose for which the PII from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those programs; and
(iii) A description of the activity with sufficient specificity to make clear that the work falls within the exception of FERPA at 34 CFR § 99.31(a)(3), including a description of how the personally identifiable information from education records will be used;
(c) Require the authorized representative to destroy PII from education records when the information is no longer needed for the purpose specified;
(d) Specify the time period in which the information must be destroyed; and
(e) Establish policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect PII from education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting use of PII from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs.
Appendix B – Required Terms for any Written Agreement for Disclosure of Personally Identifiable Information from Education Records for Purposes of Conducting Studies for or on behalf of an Education Agency or Institution
Written agreements under Section 004.01C of this Chapter must:
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Specify the purpose, scope, and duration of the study and the information to be disclosed. The agreement must specify the purpose of the study, describe its scope and its duration, and identify the information being disclosed.
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Require the receiving educational agency or institution to use personally identifiable information (PII) from education records only to meet the purpose or purposes of the study as stated in the written agreement. The agreement must specify that the PII from education records must only be used for the study identified in the agreement.
-
Require the receiving educational agency or institution to conduct the study in a manner that does not permit the personal identification of parents and students by anyone other than representatives of the organization with legitimate interests. The agreement must require the receiving educational agency or institution to conduct the study so as not to identify students or their parents. This typically means that the organization should allow internal access to PII from education records only to individuals with a need to know, and that the receiving educational agency or institution should take steps to maintain the confidentiality of the PII from education records at all stages of the study, including within the final report, by using appropriate disclosure avoidance techniques.
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Require the receiving educational agency or institution to destroy all PII from education records when the information is no longer needed for the purposes for which the study was conducted, and specify the time period in which the information must be destroyed. The agreement must require the receiving educational agency or institution to destroy the PII from education records when it is no longer needed for the identified study. You should determine the specific time period for destruction based on the facts and circumstances surrounding the disclosure and study. The parties to the written agreement may agree to amend the agreement to extend the time period if needed, but the agreement must include a time limit.
History
- Effective 2014-11-04
Chapter 8 School Finance & Budgeting/State Funding of Educational Service Units and Learning Communities
Neb. Admin. Code tit. 92, ch. 8 School Finance & Budgeting/State Funding of Educational Service Units and Learning Communities {#sec-92-nac-8 omnilex-key=us-ne-regs-official--title-92--92 NAC 8}
001 General Provisions
001.01 Statutory Authority. This chapter is adopted pursuant to Neb. Rev. Stat. § 79-2122.
001.02 Scope and Application of this Rule. This chapter governs procedures and technical assistance related to the approval of community achievement plans for learning communities.
.
002 Definitions. As used in this chapter:
002.01 Commissioner means the Commissioner of Education;
002.02 Learning Community means a political subdivision which shares the territory of member school districts and is governed by a learning community board as provided in Neb. Rev. Stat. §§ 79-2101 and 79-2102;
002.03 State Board means the State Board of Education; and
002.04 Student Achievement Coordinator means the student achievement coordinator appointed by the Commissioner pursuant to Neb. Rev. Stat. § 79-11,155 or a person designated by the Commissioner to carry out the specified duties.
003 Community Achievement Plan Approval Procedures
003.01 Community achievement plans must be developed and submitted to the Commissioner for approval by the State Board pursuant to this rule and in compliance with the requirements of Neb. Rev. Stat. § 79-2122.
003.02 The student achievement coordinator will provide technical assistance upon request.
003.03 The student achievement coordinator must complete an initial review and return the plan or plan renewal with any suggestions or comments as required pursuant to Neb. Rev. Stat. § 79-2122.
003.04 The State Board may not approve or renew a community achievement plan unless the plan meets the requirements in Neb. Rev. Stat. § 79-2122.
004 Community Achievement Plan Reconsideration and Appeals Procedures
004.01 If the State Board rejects a plan or plan renewal, the notice of rejection must comply with the requirements of Neb. Rev. Stat. § 79-2122.
004.02 A learning community coordinating council may revise and resubmit a rejected plan or plan renewal to the Commissioner within sixty (60) days following the date of the rejection by the State Board. The Commissioner must provide an opportunity for participating collaborators to appear before the State Board prior to reconsideration pursuant to Neb. Rev. Stat. § 79-2122.
004.03 If the State Board rejects the approval of a plan or plan renewal upon reconsideration, that decision is subject to appeal under 92 NAC 61. The appeal must be filed within fourteen (14) days of that rejection.
History
- Effective 2025-11-25
Chapter 10 Regulations and Procedures for the Accreditation of Schools
Neb. Admin. Code tit. 92, ch. 10 Regulations and Procedures for the Accreditation of Schools {#sec-92-nac-10 omnilex-key=us-ne-regs-official--title-92--92 NAC 10}
001 General Provisions
001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-101, 79-214, 79-215, 79-2,141, 79-305, 79-318, 79-703, 79-704, 79-719 to 79-727, 79-758, 79-760.01 to 79-760.07, 79-762, 79-801 to 79-804, 79-828, 79-1603, and 79-2102.
001.02 Accreditation Classification. Accredited school systems must comply with all the numbered provisions of this Chapter except that the items identified as Quality Indicators are not requirements. No violations will be cited under Section 014 of this Chapter for any Quality Indicator. School systems will be classified as accredited if they meet all of the applicable requirements of this Chapter. All of the statements herein, with the exception of the Quality Indicators, are requirements of accredited school systems. Quality Indicators may be used by school systems to help in designing local programs. Nonpublic schools that are classified as accredited must meet all of the requirements of this Chapter except when specifically excluded or when a requirement is for public school districts only.
001.03 Accreditation Requirement. All public school districts in Nebraska that provide elementary and/or secondary instruction to children of compulsory attendance age are required to be accredited under the provisions of this Chapter. Accredited school systems are also considered to be approved for legal operation for purposes of state law. Approved private or parochial schools are eligible to apply for and maintain accreditation under the provisions of this Chapter.
001.04 Related Regulations. In addition to the requirements of this Chapter, public school districts must also comply with procedures for enrollment of students as found in 92 NAC 19. Provisions applicable to both public and nonpublic schools regarding teacher certification and endorsement are contained in 92 NAC 21 and 92 NAC 24.
001.05 Implementation of this Chapter. This Chapter will initially be used during the 2023-24 school year to determine future accreditation status.
001.06 Duration of Accreditation. Accreditation is granted for one school year from each July 1 through the following June 30. Renewal is based upon the school system's compliance with this Chapter during the prior school year. As detailed in this Chapter, failure to comply with mandatory requirements for legal operation in Section 003 of this Chapter may cause a school system to lose its accreditation during the school year.
001.07 Unified School System. For purposes of compliance with this Chapter, a unified school system must meet the requirements as though the schools were part of one single public school district. A unified system means two or more Class III school districts participating in an interlocal agreement under the provisions of Neb. Rev. Stat. § 79-4,108.
001.08 Any public school district’s reopening must follow the application procedures as provided for nonpublic schools in Section 015 of this Chapter.
002 Definitions . As used in this Chapter:
002.01 AQuESTT (Accountability for a Quality Education System Today and Tomorrow) means a system designed to measure the performance of public schools and public school districts and establish performance classifications through a framework that describes quality and accountability. The framework addresses two broad categories of quality education systems: 1.) Student Success and Access to include the following tenets: Positive Partnerships, Relationships and Student Success; Transitions; and Educational Opportunities and Access; and 2.) Teaching and Learning, to include the following tenets: College and Career Ready; Assessment; and Educator Effectiveness.
002.02 AQuESTT Tenet means a statement used in this Chapter to describe conditions which contribute to quality education systems for public schools and public school districts. AQuESTT tenets are not requirements of this Chapter.
002.03 Board means the State Board of Education.
002.04 Commissioner means the State Commissioner of Education.
002.05 Core Curriculum means a curriculum which includes language arts, social studies, science, mathematics, career and technical education, world language, visual and performing arts, and personal health and physical fitness and which, in public schools, incorporates multicultural education in all areas.
002.06 Course means a particular subject, subject area, or defined sequence of learning experiences scheduled during the school day with a certificated teacher assigned and with one or more students enrolled and in attendance.
002.07 Department means the State Department of Education, which is comprised of the Board and the Commissioner.
002.08 Elementary Grades means those grades designated by the school system as elementary, but not to include any above grade eight.
002.09 Governing Body means the school board of a public school district, a board elected or appointed to provide direction to a nonpublic school or a nonpublic school system, or an individual or corporate owner.
002.10 High School Grades means grades 9 through 12 in a school system organized with a four-year high school and grades 10 through 12 in a school system organized with a three-year high school. School systems organized with a three-year high school may include the ninth grade in determining compliance with this Chapter.
002.11 Integrated Course or Curriculum means a course or curriculum that is organized by concepts, themes, or ideas and includes content from two or more subjects or fields.
002.12 Instructional Unit means 15 clock hours (900 minutes) of classroom instruction in a course offered in the secondary school. As an example, a course which meets for 50 minutes a day for 180 days generates 10 instructional units. Instructional units are computed to the nearest one-tenth.
002.13 Learning Community means a political subdivision which shares the territory of member public school districts and is governed by a learning community coordinating council established pursuant to Neb. Rev. Stat. § 79-2102.
002.14 Middle Grades means grade(s) designated by the school system as middle and may include any grades from four through nine. The middle grades typically include at least grades seven and eight. Common middle grade configurations are grades six through eight or grades seven through nine.
002.15 National Assessment Instrument means a nationally norm-referenced test developed and scored by a national testing service.
002.16 Performance Level Classifications means categories of public schools and public school districts established by the Board based upon public school and public school district performance as indicated by graduation rates, by student growth and student improvement on state assessment instruments as provided in Neb. Rev. Stat. § 79-760.03 and by status and participation in statewide assessment. Additional indicators of public school and public school district performance based on AQuESTT tenets will be specified by the Commissioner and adopted by the Board in future revisions of this Chapter.
002.17 Priority School means a public school selected from the lowest performance level classification and designated as being one of three schools in greatest need of assistance to improve student achievement as provided in this Chapter.
002.18 Public School District means the territory under the jurisdiction of a single school board as authorized in Chapter 79 of the Revised Statutes of Nebraska.
002.19 Quality Indicators means statements used in this Chapter to describe conditions which contribute to high performance learning. These statements express the intent of the regulations which follow. Quality Indicators are not requirements of this Chapter.
002.20 School means an individual attendance center within a school system which provides either elementary, middle, secondary and/or high school education.
002.21 School System means a public school district or a nonpublic school or group of nonpublic schools under a governing body organized to provide education in elementary, middle, secondary, and/or high school grades as provided in this Chapter.
002.22 Secondary Grades means those grades designated by the school system as secondary, but not to include any below grade seven.
002.23 State Assessment Instrument means a test aligned with state standards that is designed to measure student progress and achievement. This definition applies to the statewide system of assessment and reporting for reading, mathematics, and science.
002.24 Statewide Assessment means the process of measuring student achievement and progress on state-adopted standards. This definition applies to the statewide system of assessment and reporting for reading, mathematics, and science.
002.25 Teach has the same meaning as in Neb. Rev. Stat. § 79-101.
003 Mandatory Requirements for Legal Operation . To be eligible for accreditation or to continue as an accredited school system, the following requirements must be met when applicable. Failure to comply with Sections 003.01 through 003.11 of this Chapter will be just cause for the Commissioner to initiate proceedings before the Board to terminate accreditation and end legal operation during the school year.
003.01 Teacher and Administrator Certification. The school system must use only persons certificated pursuant to 92 NAC 21 to be a teacher or administrator. Pursuant to Neb. Rev. Stat. § 79-1603, persons conducting religion or prekindergarten classes in nonpublic schools which are not counted as a part of the school's courses for purposes of complying with the requirements of this Chapter are excluded from this requirement. Pursuant to Neb. Rev. Stat. § 79-802.01, American Indian language teachers who are approved by the tribe to teach their native language are also excluded from this requirement when conducting native language classes.
003.02 Grade Levels. The school system must operate, offer instruction in, and give credit in only the grades for which the school system is accredited.
003.03 Required Instruction. Instruction in English, mathematics, science, and social studies must be available each school year for all grades.
003.04 Required Programs and Procedures. Each school system must ensure its teachers arrange and present instruction in the manner specified in Neb. Rev. Stat. § 79-725 to promote and develop an upright and desirable citizenry. Each school system must also meet the applicable statutory provisions contained in Sections 004.02A3, 004.03A4, 004.04B2, 008.05B, and 008.05C of this Chapter. Each public school district must incorporate multicultural education in all areas of the curriculum of grades kindergarten through twelve, as provided in Section 004.01F of this Chapter. Each public school district must meet the certificated-employee evaluation requirements as provided in Sections 007.06A through 007.06B of this Chapter. Each public school district must comply with the requirements contained in 92 NAC 15 (Regulations and Procedures for the Education of Students with Limited English Proficiency in Public Schools) and in 92 NAC 19 (Regulations Regarding School Enrollment). Each public school must meet statutory provisions contained in Sections 004.01B, 004.02B, 005.02 through 005.02C, 011.01F, and 011.01G of this Chapter. These requirements are based on statute and cannot be waived through Section 013.01 of this Chapter.
003.05 Graduation Requirements. Each high school must require from grades nine through twelve at least 200 credit hours for graduation, for which at least 80 percent must be from the core curriculum. The number of credit hours given for a course may be less than the number of instructional units and may be increased up to 25 percent above the number of instructional units.
003.05A By the 2014-15 school year, public school districts must adopt and implement graduation requirements that meet the highest level of rigor of the standards as specified in the state standards adopted by the Board, including, but not limited to the following:
003.05A1 Language Arts. Forty credit hours of Language Arts with course content that includes composition, verbal communication, literature, research skills, and technical reading and writing.
003.05A2 Mathematics. Thirty credit hours of mathematics with course content that includes algebraic, geometric, data analysis, and probability concepts.
003.05A3 Science. Thirty credit hours of science with course content that includes biological, earth/space, and physical science concepts with corresponding science inquiry skills and laboratory experience.
003.05A4 Social Studies/History. Thirty credit hours of social studies/history with course content that includes civics/government, geography, United States and world history, and economic concepts.
003.05B School systems may adopt a policy allowing high school credit to be awarded to students enrolled in a middle grades course if the course content and requirements are equivalent to a course offered in the high school.
003.05C As required in 92 NAC 18, school systems accept the academic credit earned at Interim Program Schools and issue diplomas to students transferring from Interim Program Schools who have met the requirements for graduation from their own accredited high school.
003.06 School Year. Each school system must provide at least the following instruction annually between July 1 and June 30 for the grades it offers: (a) for grades up through grade eight, the time equivalent to 1,032 hours; (b) for grades nine through twelve, the time equivalent to 1,080 hours; and (c) for kindergarten, the time equivalent to 400 hours. When a school is dismissed for any reason, such as tournaments or contests, parent/teacher conferences, funerals, parades, and school picnics, such time may not be counted in meeting the 400/1,032/1,080 hour school year requirement. Time scheduled for the school lunch period may not be counted in meeting the school year requirements. Pursuant to the provisions of Neb. Rev. Stat. § 79-213, school systems unable to meet the minimums for instructional hours due to epidemic sickness, severe storm conditions, or destruction of the school house may request permission from the Board to offer fewer than the minimum hours by submitting an affidavit sworn to by the secretary of the school board and explaining the circumstances resulting in the request.
003.07 Assurance Statement. Each school system must, by November 1 of each year, submit to the Department an Assurance Statement, as prescribed by the Department, signed by a representative of the school system governing body affirming compliance or specifically noting any noncompliance with the regulations contained in this Chapter.
003.08 Reports. The following reports must be submitted to the Department each school year.
003.08A On or before September 15 of each school year, the head administrator of each school system must submit electronically, via the Department’s reporting system, a Fall Personnel Report. Additions of certificated staff after submission of the Fall Personnel Report must be reported to the Department at the time of contracting.
003.08B On or before June 30 of each school year, the head administrator of each public school district must submit electronically, via the Department’s reporting system, data elements required by Sections 005.02 thru 005.02C of this Chapter.
003.08C On or before the last day of February of each school year, the head administrator of each nonpublic school system must submit electronically, via the Department’s reporting system, a Curriculum Report.
003.09 Contracting Public School Districts. Public school districts that contract under the provisions of state statute with another public school district or districts to provide all educational services for all students in the secondary grades may be considered accredited but may operate only elementary grades. Public school districts must notify the Department upon approval of the patrons of the district for contracting all elementary students and/or all secondary students with other public school districts. Any public school district reopening after contracting all students must follow the same application procedures as provided for nonpublic schools in Section 015 of this Chapter.
003.10 School Site Review. The State Department of Education staff may conduct periodic on-site visits to school systems to review and determine compliance with the provisions of this Chapter.
003.11 Contested Case Orders. In a contested case, any school system receiving an order entered by the Board under the Administrative Procedures Act must comply with the conditions of the order, unless a judicial stay has been entered.
003.12 Each public school district must require each such district’s schools to establish a period of time during the school day, when a majority of pupils are scheduled to be present, during which pupils will be led in the recitation of the Pledge of Allegiance in the presence of the flag of the United States of America, in grades kindergarten through twelve. Pupil participation in the recitation of the Pledge of Allegiance must be voluntary. Pupils not participating in the recitation of the Pledge must be permitted to silently stand or remain seated but must be required to respect the rights of those pupils electing to participate.
004 Curriculum and Standards
004.01 K-12 Curriculum. Quality Indicator: The curriculum is comprehensive, coordinated, and sequential and is directed toward locally approved goals and standards for student learning. The instructional program focuses on achievement and provides for the needs of all students including learners with disabilities and high ability learners. It draws upon research, best practice, and reputable theory.
AQuESTT Tenet: Every student is prepared to pursue postsecondary educational opportunities and career goals upon completion of secondary education.
AQuESTT Tenet: Every student has access to coordinated and comprehensive instructional opportunities to be prepared for learning, earning, and living.
AQuESTT Tenet: All students experience success through a continuous improvement process that builds student, parent/guardian/family, and community engagement in order to enhance educational experiences and opportunities for all students.
004.01A The instructional program of the school system is based on written purposes or standards and is approved by the governing body. These documents are on file in each school building and each certificated staff member is provided a copy.
004.01B Public school districts adopt academic content standards in the subject areas of reading and writing (language arts), mathematics, and science determined by each such district to be measurable quality standards that are the same as, equal to, or more rigorous than the state academic content standards adopted by the Board pursuant to Neb. Rev. Stat. § 79-760.01. The deadline for public school districts to adopt replacement academic content standards will not extend past one year following the Board’s adoption of new content standards. Nonpublic schools have local academic content standards for reading, writing, mathematics, science, and social studies/history approved by the governing body.
004.01C The school system has written guides, frameworks, or standards for all other areas of the curriculum. In connection with this requirement, school systems are encouraged to adopt the Fine Arts Standards adopted by the Board on March 4, 2014. The school system also has a written description of the library media and guidance programs.
004.01D Writing experiences are incorporated in all curricular areas K-12.
004.01E Educational/computer technology is incorporated in the instructional program at the elementary, middle, and secondary levels.
004.01F The instructional program in public schools incorporates multicultural education in all curriculum areas at all grades. Multicultural education includes, but is not limited to, studies relative to the culture, history, and contributions of African Americans, Hispanic Americans, Native Americans, Asian Americans and European Americans with special emphasis on human relations and sensitivity toward all races. The regulation is based on statute and cannot be waived through Section 013.01 of this Chapter.
004.01F1 The public school district has a statement of philosophy or mission for the multicultural education program. Local program goals address multicultural education.
004.01F2 The public school district curriculum guides, frameworks, or standards incorporate multicultural education.
004.01F3 The public school district multicultural education program includes a process for selecting appropriate instructional materials.
004.01F4 The public school district has a process for provision of staff development in multicultural education including professional development for administrators, teachers, and support staff which is congruent with public school district and program goals.
004.01F5 The public school district has a process for periodic assessment of the multicultural education program. An annual status report is provided to the school board.
004.02 Elementary Curriculum. Quality Indicator: The elementary instructional program is based on state or locally approved standards for student learning and helps each student acquire knowledge, skills, and understanding in all subject areas. The instruction is appropriate for the grade level of the students. Teaching and learning activities and the general environment stimulate, nurture, and encourage involvement in a wide range of learning experiences. The program helps students apply and extend basic skills by integrating topics throughout the curriculum. The schedule is sufficiently flexible to encourage teachers and students to address emergent needs and topics.
AQuESTT Tenet: Quality educational systems focus on supports for students transitioning between grade levels, programs, schools, public school districts, and ultimately, college and career.
004.02A The Elementary Instructional Program. The elementary school has a representative weekly schedule for each classroom teacher encompassing experiences in the following subject areas:
004.02A1 Reading and Language Arts. The curriculum includes development and practice of skills and understanding in reading, writing, speaking, and listening. It helps children develop appreciation of literature, creativity, and expression.
004.02A2 Mathematics. The curriculum includes development, practice, and application of numeration, computation, estimation, problem solving, geometry/spatial concepts, measurement and related topics.
004.02A3 Social Studies. The curriculum helps children to develop an understanding of the world and its people. It includes experiences drawn from geography, history, economics, government, citizenship, career awareness, human relations, current affairs, and cultural studies. This includes instruction required pursuant to Neb. Rev. Stat. § 79-724.
004.02A4 Science. The curriculum helps children develop an understanding of science concepts and processes, and includes science as inquiry. It includes experiences drawn from physical science, life science, earth and space science, science and technology, and history and nature of science.
004.02A5 Health. The curriculum helps children develop an understanding of the body systems, nutrition, wellness (including physical activity), and healthy living habits.
004.02A6 Physical Education. The curriculum helps children develop and maintain physical coordination, large and small muscle control, physical fitness, leisure activities, and healthy behaviors.
004.02A7 Visual Arts. The curriculum helps children understand and apply a variety of media, techniques, and processes within a range of subject matter, symbols, and ideas. The curriculum includes reflection upon and assessment of art and study of art in relation to history, culture, and other curricular areas.
004.02A8 Music. The curriculum helps children to sing and play a variety of music, read and notate music, listen to and describe music, and evaluate music. The curriculum includes music in relation to history, culture, and other curricular areas.
004.02B Kindergarten. For school year 2012-2013 and each school year thereafter, admission to public school kindergarten is on an unqualified basis to all resident children who will reach age 5 by July 31 of the calendar year in the school year for which the child is seeking admission begins. Testing prior to school entrance, if any, is conducted only to identify children with disabilities under 92 NAC 51 or to meet requirements of subdivision (1)(b) of Neb. Rev. Stat. § 79-214.
004.02B1 Pursuant to subdivision (1)(b) of Neb. Rev. Stat. § 79-214, the school board must admit a child who will reach the age of 5 years on or after August 1 and on or before October 15 of such school year under the following circumstances:
004.02B1a The parent or guardian requests such entrance and provides an affidavit stating that:
004.02B1a(i) The child attended kindergarten in another jurisdiction in the current school year, or
004.02B1a(ii) The family anticipates relocation to another jurisdiction that would allow admission within the current year, or
004.02B1a(iii) The child has demonstrated through a recognized assessment procedure approved by the school board that he or she is capable of carrying the work of kindergarten.
004.02B2 Each school board must approve and make available a recognized assessment procedure for determining if a child is capable of carrying the work of kindergarten.
004.02C Pupils in kindergarten through sixth grade do not participate in any kinds of athletic contests between schools within a school system or between school systems except that elementary school systems having seventh and eighth grade athletics may include sixth grade boys or girls when combined enrollment for seventh and eighth grade becomes fewer than 12 boys or 12 girls and if the governing body has a policy regulating participation for sixth graders. Annual field or play days are excluded from this regulation.
004.03 Middle Grades Curriculum. Quality Indicator: The middle grades instructional program is based upon state or locally approved standards for student learning. It builds upon the content of the elementary grades, extends the depth of learning experiences, and provides exploratory experiences throughout the curriculum. The program incorporates vocational technical education, foreign language, career education, and technology education. The instructional activities and schedule are designed to meet the developmental needs of middle grade learners.
AQuESTT Tenet: Quality educational systems focus on supports for students transitioning between grade levels, programs, schools, public school districts, and ultimately, college and career.
004.03A Middle Grades Instructional Program. The program in the middle grades includes instruction for each grade each year in the following subject areas. Instruction may be provided through separate courses, integrated blocks of time, and/or through exploratory programs.
004.03A1 Reading. The curriculum includes experiences designed to help students expand, develop and apply reading skills introduced in the elementary grades. It includes reading for both information and enjoyment.
004.03A2 Language Arts. The curriculum includes activities that engage students in using language for a variety of reading, writing, speaking, and listening purposes.
004.03A3 Mathematics. The curriculum includes practice in numeration, computation, estimation, problem solving, geometry/spatial concepts, and measurement. It introduces algebraic and statistical concepts and provides opportunities for students to develop understanding of the structure of mathematics.
004.03A4 Social Studies. The curriculum includes content and experiences drawn from geography, history, economics, citizenship, government, cultural studies, and current events. This includes instruction required pursuant to Neb. Rev. Stat. § 79-724. All history courses stress contributions of all ethnic groups in the development and growth of America.
004.03A5 Science. The curriculum includes elements of life, physical, earth and space sciences, science as technology, and history of science. Learning activities emphasize science as inquiry and scientific processes and concepts.
004.03A6 Health. The curriculum includes the study of body systems and those factors which affect health, including natural and man-made threats and individual health choices.
004.03A7 Art. The curriculum includes activities and experiences designed to develop skills in working with a variety of artistic techniques, processes, and media. The curriculum relates art to history and culture and to other curricular areas.
004.03A8 Music. The curriculum includes experiences that involve students in singing and playing musical instruments and provides opportunities for students to pursue individual musical interests and to develop individual talents. It includes the study of a varied repertoire of music and its relation to history and culture.
004.03A9 Physical Education. The curriculum includes active involvement in health-related physical fitness activities designed to develop cardiorespiratory endurance, muscular strength and endurance, and flexibility. It encourages students to develop habits of physical exercise through individual and team activities and by emphasizing involvement rather than competition. Practice for and participation in interscholastic activities cannot substitute for any part of physical education.
004.03B Career education is included in the middle grades program.
004.03C No student in grades seven or eight participates in interscholastic athletic contests between schools within a school system or between school systems which exceed six games in football, fourteen matches in volleyball, twelve games in basketball, eight meets in wrestling, eight meets in track and field, and eight contests in all other activities. Contest limits must be based upon the total number of contests played. Each game, match or meet played in a tournament must count as one of the contests permitted within these contest limits.
004.04 Secondary Curriculum. Quality Indicator: The secondary instructional program is based upon state or locally approved standards for student learning. It provides breadth and depth of subject areas which enable students to achieve knowledge and skills necessary to continue post-secondary education or enter a career field. Instruction builds upon knowledge acquired in previous grades and helps students acquire the learning goals of the school, builds 21st century skills, and prepares students for living in a global society. Schools provide required instructional units on site or through a combination of local and distance learning programs.
AQuESTT Tenet: Quality educational systems focus on supports for students transitioning between grade levels, programs, schools, public school districts, and ultimately, college and career.
004.04A Required High School Program. The high school program consists of courses totaling at least 400 instructional units.
004.04B The instructional program in grades 9-12 includes as a minimum the following subject fields and the number of instructional units shown for each:
004.04B1 Language Arts - 60 instructional units. The curriculum includes written composition, critical reading, interpretation of fiction and non-fiction, oral presentation, and application of listening skills.
004.04B2 Social Science - 40 instructional units. The curriculum includes content drawn from American and world history, geography, economics, civics, government and citizenship and may also include content from other social science areas such as sociology, psychology, and anthropology. This includes instruction required pursuant to § 79-724. All history courses stress contributions of all ethnic groups in the development and growth of America.
004.04B3 Mathematics - 40 instructional units. The curriculum includes communicating, reasoning, problem solving, numeration, computation, estimation, measurement, geometry, data analysis, probability and statistical concepts, and algebraic concepts
004.04B4 Science - 40 instructional units. The curriculum includes science concepts and processes, science as inquiry, physical science, life science, earth and space science, science and technology, and history and nature of science.
004.04B5 World Language - 20 instructional units or two years of daily classes in the same language. The curriculum includes reading, writing, speaking, and listening skills for communicating in one or more languages other than English, knowledge and understanding of other cultures, and developing insight into the nature of language and culture.
004.04B6 Career Education. The curriculum includes 80 instructional units in Career Education that include instruction in any of the following career fields: (1) Agriculture, Food and Natural Resources, (2) Business, Marketing, and Management, (3) Communication and Information Systems, (4) Health Sciences, (5) Human Services and Education, (6) Skilled and Technical Sciences.
004.04B6a Agriculture, Food and Natural Resources. The curriculum in this career field includes areas such as animal, plant, and soil sciences, agribusiness, food science, power, structural and technical systems, leadership and human resource development, natural resources, biotechnology and environmental science.
004.04B6b Business, Marketing, and Management. The curriculum in this career field includes areas such as e-commerce, business communication, finance, business and consumer law, entrepreneurship, accounting, business economics, personal finance, consumer economics, financial services marketing, retailing, fashion marketing/merchandising, international marketing, sports and entertainment marketing, hospitality and tourism.
004.04B6c Communication and Information Systems. The curriculum in this career field includes areas such as advertising, public relations, commercial photography, journalism, graphic design, broadcasting, scriptwriting, radio/TV production, information technology applications, web design, interactive media, networking, e-commerce, computer science, and information technology.
004.04B6d Health Sciences. The curriculum in this career field includes areas such as nutrition and food, family health, medical terminology, health informatics, therapeutic services, diagnostic services, certified nursing assistant, and health care sciences.
004.04B6e Human Services and Education. The curriculum in this career field includes areas such as independent/adult living, home management, housing and home furnishings, family health, clothing and textiles, parenting and child development, human resource development, criminal justice, human growth and development, interpersonal relationships, and applied psychology.
004.04B6f Skilled and Technical Sciences. The curriculum in this career field includes areas such as housing and home furnishings, woods and construction, construction/ electricity, construction/home maintenance, computer aided drafting, metals and welding, manufacturing/metalworking, manufacturing/woodworking, millwork and cabinetmaking, electronics, technology engineering education, Principles of Technology, technology education, transportation power/auto mechanics, automotive services, and energy.
004.04B6g Nonpublic college preparatory schools may substitute additional courses in language arts, foreign language, science, mathematics, and/or social science for up to 40 instructional units in career and technical education.
004.04B7 Personal Health and Physical Fitness - 20 instructional units or two years of daily classes in personal health and physical fitness. The personal health and physical fitness curriculum includes content to emphasize life-long wellness habits including the knowledge and psychomotor skills applicable to cardio-pulmonary resuscitation (CPR). The curriculum emphasizes non-participation in high risk behavior. The physical fitness curriculum includes an active program of health-related physical fitness, including cardiorespiratory endurance, muscular strength and endurance, flexibility, and body composition. Practice for and participation in interscholastic athletic activities are not accepted as a substitute for any part of the personal health and physical fitness requirement.
004.04B8 Visual and Performing Arts - 40 instructional units which include each year instruction in vocal music, instrumental music, and visual arts. It may also include dance and theater. The visual and performing arts curriculum includes performance, interpretation, and evaluation.
004.04B8a Music. The curriculum includes singing and playing a varied repertoire of music, improvising melodies and accompaniments, reading and notating music, listening to and describing music, evaluating music and music performances, recognizing relationships between music and the other disciplines, and the study of music in relation to history and culture.
004.04B8b Visual Arts. The curriculum includes media, techniques, and processes; choice and evaluation of a range of subject matter, symbols, and ideas; assessment of characteristics and merits of student work and the work of others; and the visual arts in relation to other disciplines.
004.04C Local Options for Providing High School Courses.
004.04C1 High schools may meet the instructional unit requirements of Section 004.04B of this Chapter through integrated courses, as defined in Section 002.11 of this Chapter, if the school has on file locally a description of the curriculum or course including a list of the goals, an explanation of the subjects included, and the rationale for allocating instructional units to appropriate subject fields in Section 004.04B of this Chapter.
004.04C2 High schools may count instructional units for two courses in a subject field taught in the same classroom at the same time if the courses are primarily individualized wherein all students do independent projects or practice. (Examples: Spanish 3 and 4, Accounting 1 and 2, Art 1 and 2)
004.04C3 Schools may use performance based curriculum or courses as an option in place of any subjects in Section 004.04B of this Chapter if they have a written description of the curricula or course which includes the goals, representative instructional experiences, expected student performance for accomplishment of the goals, and the rationale for allocating instructional units for the course. The written description is approved by the school board and is on file in the school. Performance based curriculum provides learning opportunities for students equivalent to or greater than those through the course(s) under Section 004.04B of this Chapter, but may take less than the time required in Section 002.12 of this Chapter for determining instructional units.
004.04C4 Instructional units may be counted each year for two courses taught in alternating years not to exceed one course in each of four subject fields, as listed in Section 004.04B of this Chapter, provided schedules verifying alternating courses are kept on file in the school system. As an example, a high school that alternates a course that generates 10 instructional units in World Language II in the current year, with a course that generated 10 instructional units in World Language I the previous year, may count 20 instructional units each year. A school board of a public school district may not establish an alternating biennial secondary course offering in any subject area for which the State Board of Education has adopted content standards pursuant to Neb. Rev. Stat. § 79-760.01.
004.04D Multi-site and Distance Learning Options for Providing High School Courses. Up to a total of 200 instructional units of the total 400 instructional unit requirement for the high school may be provided through one or more of the following course options (instructional units beyond the required 400 instructional units may be delivered in any of the following methods):
004.04D1 Synchronous Course Option: Synchronous courses are those multi-site or distance learning courses in which the teacher and student(s) are simultaneously present; can both see and hear one another; and questions may be answered and instructional accommodations made immediately. This includes:
004.04D1a Teacher Sharing. Instructional units provided through contractual or cooperative arrangements with other school systems, educational service units, and/or postsecondary institutions in which either the teacher(s) or student(s) move to be located at the same site to provide classroom instruction may be counted in meeting a portion of the instructional unit requirement provided: (a) each course is taught by a teacher holding a valid Nebraska Teaching Certificate; (b) each course is shown on the high school class schedule along with the name of the teacher; (c) at least one high school student is enrolled and participating in each course; and (d) each course is made available to all students at the school’s expense. A copy of the written agreement with the cooperating school/agency is on file in the school.
004.04D1b Interactive Audio-Visual Options. Up to 100 of the allowable 200 multi-site or distance learning instructional units may be met through synchronous interactive audio-visual instruction provided: (a) each course is taught by a teacher holding a valid Nebraska Teaching Certificate; (b) each course is shown on the high school class schedule along with the name of the teacher; (c) at least one high school student is enrolled and participating in the course; (d) each course is made available to all students at the school’s expense; and (e) a teacher holding a valid Nebraska Teaching Certificate monitors student progress and general appropriateness of the course and is present in the classroom while the course is being taught unless:
004.04D1b(1) The off-site interactive teacher holds a valid Nebraska Teaching Certificate and a public school district employee is present in the receiving classroom, or
004.04D1b(2) The off-site interactive teacher holds a valid Nebraska Teaching Certificate, maintains two-way audio and video communication with the distance learning classroom, and has a direct telephone connection with a supervising adult in the school.
004.04D2 Asynchronous Course Options: Asynchronous courses are those multi-site or distance learning courses in which communication between teacher and student is delayed, as are the cases, for example, with written correspondence courses and many computer-delivered courses. This includes:
004.04D2a University of Nebraska High School Options. Up to 50 of the allowable 200 distance learning multi-site instructional units may be met through the use of courses taught by teachers of the University of Nebraska High School provided that (a) each course is shown on the high school class schedule; (b) at least one high school student is enrolled and participating in the course; (c) each course is made available to all students at the school’s expense; and (d) a teacher holding a valid Nebraska Teaching Certificate is present during the assigned period (one teacher may supervise more than one course) to monitor and assist with instruction.
004.04D2b Other Distance Learning Technology Options. Up to 30 of the allowable 200 distance learning multi-site instructional units may be met through courses delivered by other methods of distance technology provided that each course is reviewed in advance and recommended for school use by a committee of at least one local teacher and one local school administrator and is approved by the governing body, and the written review and statement of approval are on file in the school system; and provided (a) each course is shown on the high school class schedule; (b) at least one high school student is enrolled and participating in each course; (c) each course is made available to all students at the school’s expense; (d) a teacher holding a valid Nebraska Teaching Certificate is present during the assigned period (one teacher may supervise more than one course) to monitor and assist with instruction; and (e) each student enrolled in such a course is assigned to a teacher holding a Nebraska Teaching Certificate with an appropriate endorsement who monitors student progress and general appropriateness of the course.
004.04E Secondary Schools With Grades Seven and Eight. Secondary schools including grades seven and eight provide an instructional program for those grades in accordance with Sections 004.03A through 004.03C of this Chapter.
004.04F New Schools. A school adding high school grades must provide at least one-fourth of the total instructional unit requirements and one-fourth of the individual subject matter requirements for each grade that it offers.
005 Statewide System for Assessment of Student Learning and for Reporting the Performance of Public School Districts
005.01 Quality Indicator: Assessment procedures and results assist teachers in planning and providing appropriate instruction for all students. Assessment results also provide information for monitoring program success, and for reporting to parents, policy makers, and the community. Schools periodically review procedures to improve assessment quality and increase student learning. The information assists schools in establishing and achieving improvement goals.
AQuESTT Tenet: The results of multiple assessment sources (national, state, and classroom-based) are used to measure student achievement of college and career ready standards and be used as an integral part of the instructional process.
005.01A All public school districts participate annually in statewide assessments in compliance with the schedule adopted by the Board. Nonpublic schools have an assessment plan which includes a schedule and procedures for assessing success in achieving their academic content standards. Student success in achieving their standards is reported to the head administrator or governing board of the nonpublic school.
005.01B Whole grade norm-referenced assessment using a national assessment instrument begins no earlier than grade two and is conducted annually in at least one grade in each of the following two levels: grades 2-5; grades 6-8. A national assessment instrument is administered at least once in the high school grades.
005.02 Each school year, for the purpose of implementing a statewide system of tracking student achievement as required by Neb. Rev. Stat. § 79-760.05, public school districts must report by June 30 of each school year the following data to the Department electronically via the Department’s reporting system using the Department’s student identifier system:
005.02A Individual student demographics including each student’s race, poverty status, high mobility status, attendance, and limited English proficiency;
005.02B Individual student achievement including individual student achievement data from the state assessment instruments required in Section 005.01A of this Chapter and scores and subscores available to the public school district on national assessment instruments administered by such district; and
005.02C Individual student educational input characteristics including class size, teacher education, teacher experience, special education, early childhood programs, federal programs, and targeted education programs.
005.03 Student Assistance. Each school has a student assistance process of its own design to provide problem solving and intervention strategies.
006 Media and Technology Resources
006.01 Quality Indicator: The library/media/technology program provides a wide range of accessible print and electronic resources that expand opportunity for learning, contribute to information literacy, support the local curriculum, and enhance and enrich learning experiences for all students.
006.01A Each school has a library media area(s) which is available to students during the entire school day. All library media resources are properly cataloged, marked, and shelved according to a standard classification system. Each school has at least one set of encyclopedia available in either print or electronic format with copyright dates in the past five years.
006.01B Each elementary school acquires a minimum of 25 new library media resources in print format, exclusive of textbooks and encyclopedia, of different titles, per teacher per year, up to 150 titles during one year. The minimum number of new titles in print format is 75 if library media resources are also available through electronic format. Each middle and high school acquires a minimum of 150 titles each year in either print or in full text electronic format.
006.01C Each middle level school subscribes to at least ten periodicals either in print or in full text electronic format.
006.01D Each secondary school subscribes to at least 25 periodicals in print or in full text electronic format.
007 Instructional Staff
007.01 Elementary Staff. Quality Indicator: Instructional staff members have appropriate training and preparation to work with elementary school children. They are knowledgeable of principles of child growth and development, the scope of the elementary school curriculum, and cross-disciplinary instructional strategies. They establish a positive and supportive learning environment for all students.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
007.01A Computed on a full-time equivalency basis, a minimum of 95 percent of the teachers in the elementary grades are assigned to areas for which they hold certificates having appropriate endorsements pursuant to 92 NAC 24.
007.01B Pre-kindergarten programs operated by public schools are coordinated by a staff member who holds a Nebraska Teaching Certificate with at least 9 college credit hours in early childhood education.
007.02 Middle Grades Staff. Quality Indicator: Staff members at the middle grades are knowledgeable of the growth and development of middle grades students. They have knowledge of the curriculum content for which they are responsible and they use teaching strategies that engage students actively in learning, that build upon elementary content and skills, and that help students understand and apply content across subject areas.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
007.02A Computed on a full-time equivalency, at least 90 percent of the teachers in middle grades hold one of the following endorsements or meet the provisions of Sections 007.02A1a or 007.02A4 of this Chapter:
007.02A1 In grades seven and eight, any middle grades endorsement or an appropriate secondary endorsement.
007.02A1a Teachers holding an elementary endorsement may teach in grades seven and eight if they acquire six credit hours per year toward the middle grades endorsement or participate in staff development in accordance with a local mission and plan for education of middle grade students.
007.02A2 In grades four through six, an elementary endorsement or any middle grades endorsement.
007.02A2a Teachers holding a content area endorsement at the secondary level may teach grade six in that content area if they acquire six credit hours per year toward the elementary or middle grades endorsement or participate annually in staff development in accordance with a local mission and plan for education of middle grade students.
007.02A3 In grade nine, an appropriate secondary endorsement or any middle grades endorsement.
007.02A4 Teachers not holding an appropriate endorsement may be assigned to the middle grades if they acquire six credit hours per year toward a middle grades endorsement.
007.02A5 Secondary teachers assigned to integrated courses or curriculum in grades seven through nine are considered appropriately endorsed if they hold an endorsement for any of the subjects or fields included in the course.
007.03 Secondary Staff. Quality Indicator: Instructional staff members in the secondary grades have specialized preparation in a subject area or field and knowledge of the developmental level of students. Staff members use strategies that help students become actively involved in the learning process through in-depth study of subjects and through experiences that use and apply knowledge, skills, and understanding across the curricular areas.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
007.03A At least 80 percent of the instructional units offered in secondary grades during the regular school term are assigned to teachers who hold certificates having appropriate endorsements issued pursuant to 92 NAC 24. If 92 NAC 24 does not provide an endorsement designated for a particular course or subject area, any teacher holding a regular certificate may instruct such course without penalty to the school system. Teachers holding a subject endorsement are considered appropriately endorsed for any other subject within the broad field if they annually acquire, prior to the opening of school, six credit hours toward the subject endorsement or the broad field endorsement.
007.03A1 Teachers assigned to integrated courses or curriculum in accordance with Sections 002.11 and 004.04C1 of this Chapter are considered appropriately endorsed if they hold an endorsement for any of the subjects or fields included in the course.
007.03B Secondary schools including grades seven and eight may assign the teachers as provided in Section 007.02A of this Chapter.
007.04 Media/Technology Staff. Quality Indicator: The library/media/technology programs and services are an integral part of the instructional program. Library/media staff provide leadership and assistance in selection, provision, and use of library/media resources. Technology staff and services are available locally or in collaboration with other agencies to provide support, maintenance, consultation, and training for meaningful use of technology resources.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
007.04A Each K-12 school system and each secondary school system has a person holding a Nebraska Teaching Certificate with an endorsement appropriate for library science or educational media specialist, or meeting Section 007.04B of this Chapter, assigned on at least a one-half time basis to provide library media services to the school system.
007.04A1 Each school building having an enrollment of from 70 to 249 students has a person holding a valid Nebraska Teaching Certificate with an appropriate endorsement for library science or educational media specialist assigned on at least a one-fifth time basis or has a library media paraprofessional assigned on at least a one-half time basis under the supervision of a certificated staff member.
007.04A2 Each school building having an enrollment of at least 250 students has a person holding a Nebraska Teaching Certificate with an appropriate endorsement for library science or educational media specialist assigned on at least a one-half time basis, or has such person assigned on a one-fourth time basis and a full-time library media paraprofessional also assigned. Buildings with 500 or more students have at least a full-time educational media specialist or a one-half time educational media specialist and a full-time library media paraprofessional. Buildings with 750 or more students have a full-time educational media specialist.
007.04B A school system may assign a person holding a Nebraska Teaching Certificate with no endorsement appropriate for library science or educational media specialist to fulfill the requirements for Sections 007.04A, 007.04A1, and 007.04A2 of this Chapter if such person acquires at least six (6) credit hours each year toward an appropriate endorsement pursuant to 92 NAC 24. Persons employed by a Nebraska school prior to July 1, 1989, to provide library media services and who hold a Nebraska Special Services Certificate with an endorsement appropriate for library media services may fulfill the requirements of these regulations.
007.05 Guidance Staff. Quality Indicator: A comprehensive, developmental, K-12 guidance and counseling program assists all students in learning skills needed for academic success and for personal, social, and career development. The guidance program includes planned classroom and group activities, counseling services responsive to individuals and small groups, and assistance to students in academic planning and placement. The school and community work cooperatively to provide appropriate support for students, families, and teachers. Guidance and counseling programs are directed by professional staff with appropriate endorsements in guidance and counseling. Professional staff are assigned based upon local needs determined through a formal process documenting the needs.
AQuESTT Tenet: Quality educational systems focus on supports for students transitioning between grade levels, programs, schools, public school districts, and ultimately, college and career.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
007.05A Each K-12 and each secondary school system assigns at least a one-half time equivalency person to conduct a guidance and counseling program. The level of assignment is determined by the school system and the person assigned holds a guidance and counseling endorsement appropriate for the level(s) assigned. When enrollment in a school system exceeds 400, the system assigns at least one full-time equivalency appropriately endorsed person.
007.05B School systems having a total of 300 or more students in the middle grades, secondary grades, or high school grades assign at least a one-half time appropriately endorsed person to provide guidance and counseling for the level. When the total enrollment in any of those levels reaches 450, one full-time equivalent appropriately endorsed person is assigned. Thereafter, an additional one-half time appropriately endorsed person is assigned for each 225 students at any of those levels.
007.05C Public school districts having 300 or more students in the elementary grades have guidance programs or services available for the elementary students. The procedures and time allotment are determined by the public school district.
007.05D A person holding a Nebraska Teaching Certificate with no endorsement appropriate for guidance and counseling may be assigned to fulfill the requirements of Sections 007.05A and 007.05B of this Chapter if such person has two years of teaching experience and acquires at least six credit hours each year toward an endorsement appropriate for guidance and counseling pursuant to 92 NAC 24. Persons employed by a Nebraska school prior to July 1, 1989, to provide guidance and counseling services and who hold a Nebraska Special Services Certificate with an endorsement appropriate for guidance and counseling services may fulfill the requirements of this regulation.
007.05E In nonpublic schools, clergy holding a Nebraska teaching or administrative certificate may be assigned to fulfill the requirement of Sections 007.05A and 007.05B of this Chapter.
007.06 Certificated-Employee Evaluation. Quality Indicator: The primary purpose of certificated-employee evaluation is to improve student learning. The procedures are clear, equitable, and systematic.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
007.06A The public school district has a written school board policy for the evaluation of certificated-employees. The policy is approved by the Commissioner or designee as required by subdivision (5)(h) of Neb. Rev. Stat. § 79-318. Sections 007.06A through 007.06B of this Chapter are based on statute and cannot be waived under the provisions of Section 013 of this Chapter.
007.06A1 The policy is implemented by written procedures that include:
007.06A1a Annual written communication of the evaluation process to those being evaluated;
007.06A1b A description of the duration and frequency of observations and written evaluations for probationary and permanent certificated-employees;
007.06A1c Specific district-defined evaluation criteria, which include, at a minimum:
007.06A1c(1) Instructional performance (applicable to teachers only),
007.06A1c(2) Classroom organization and management (applicable to teachers only), and
007.06A1c(3) Personal and professional conduct.
007.06A1d Provision for written communication and documentation to the evaluated certificated-employee specifying all noted deficiencies, specific means for the correction of the noted deficiency, and an adequate timeline for implementing the concrete suggestions for improvement;
007.06A1e Provision for the certificated-employee to offer a written response to the evaluation; and
007.06A1f A description of the district plan for training evaluators.
007.06A2 In the event a public school district changes its policies or procedures for certificated-employee evaluation, it must submit the revised policies and procedures to the Commissioner or designee for approval. If the Commissioner or designee finds the policies and procedures in compliance with the requirements of Sections 007.06A through 007.06A1f of this Chapter, it notifies the district in writing that such policies and procedures are approved. Such approval must remain in effect until there is a change in the policies or procedures by the district, or the amendment of state law or regulations relating to such approval. In the event the Commissioner or designee does not find the revised policies and procedures of the district in compliance with the provisions of this Chapter, the Commissioner or designee will notify the district in writing and the district may resubmit amended policies and procedures.
007.06B All evaluators, with the exception of the school board when it evaluates the superintendent, possess a valid Nebraska Administrative Certificate and are trained to use the evaluation system used in the public school district.
007.07 Staff Development. Quality Indicator: Staff development supports instructional improvement, the local school improvement plan, and accomplishment of school and/or school system goals.
007.07A The school system annually conducts or arranges staff development sessions. Each teacher participates in at least ten hours of staff development activities each year.
008 Administrative Staff .
008.01 Quality Indicator: Building administrators provide leadership to curriculum, instruction, assessment, and school improvement. They guide staff and students in achieving goals and fulfill other functions supportive of quality learning.
AQuESTT Tenet: Students are surrounded by effective and qualified educators throughout every learning experience, and every school and public school district develops effective teachers and leaders to establish a culture of success.
008.02 Elementary Administration.
008.02A Each elementary school has a principal assigned who holds a Nebraska Administrative and Supervisory Certificate with an endorsement appropriate for serving as an elementary principal or for superintendent. When the number of full-time equivalency teachers supervised by a principal in one or more school systems reaches 10, the principal is assigned at least one-half time for administration and supervision. The principal is assigned full-time when the number of full-time equivalency teachers reaches 20 or more.
008.02B An elementary principal who is the head administrator of a school system meets with the governing body at least four times each year to provide leadership in the development of school goals, policies, budgets, instructional programs, staff evaluation, and other administrative and instructional matters.
008.03 Middle Grades Administration.
008.03A Each middle grades school has a principal who holds a Nebraska Administrative and Supervisory Certificate with an endorsement for middle grades principal, elementary principal, secondary principal or for superintendent.
008.03A1 Middle grades schools having only grades four through six have a principal holding an endorsement for elementary principal, middle grades principal, or superintendent.
008.03A2 Middle grades schools having only grades seven through nine have a principal holding an endorsement for middle grades principal, secondary principal, or superintendent.
008.03B When the number of full-time equivalency teachers supervised by the principal reaches 10, the principal is assigned at least one-half time for administration and supervision. The principal is assigned full-time when the number of full-time equivalency teachers reaches 20 or more.
008.04 Secondary School Administration.
008.04A Each secondary school has a principal assigned who holds a Nebraska Administrative and Supervisory Certificate with an endorsement for serving as a secondary principal or for superintendent. When the number of full-time equivalency teachers reaches 10 or more, the principal is assigned at least one-half time for administration and supervision. The principal is assigned full-time for administration and supervision when the number of full-time equivalency teachers reaches 20 or more.
008.05 School System Administration. Quality Indicator: The school administration exercises leadership in the development and implementation of school goals and policies. Administrators demonstrate leadership in management and operation of the school system and in the improvement of curriculum and instruction.
008.05A Each K-12 and each secondary school system having grades ten through twelve has a head administrator who holds a Nebraska Administrative and Supervisory Certificate with an endorsement for serving as a superintendent. Nonpublic systems may share an area or diocesan head administrator.
008.05B Any person assigned to administrative and/or supervisory duties holds a Nebraska Administrative and Supervisory Certificate with an appropriate endorsement for the position held in accordance with Neb. Rev. Stat. § 79-801.
008.05C A copy of the certificate or permit of each staff member who is required to have a certificate is on file in the school or school system's administrative office. Upon initial employment or acquisition of a new certificate, the certificate or permit is registered by the head administrator of the school system in accordance with subsection (1) of Neb. Rev. Stat. § 79-804.
008.05D Two or more school systems may jointly contract with a person holding a Nebraska Administrative and Supervisory Certificate with the appropriate endorsement to fulfill administrative responsibilities.
009 Continuous School Improvement .
009.01 Quality Indicator: A systematic on-going process guides planning, implementation, and evaluation and renewal of continuous school improvement activities to meet local and statewide goals and priorities. The school improvement process focuses on improving student learning. The process includes a periodic review by visiting educators who provide consultation to the local school/community in continued accomplishment of plans and goals.
AQuESTT Tenet: All students experience success through a continuous improvement process that builds student, parent/guardian/family and community engagement in order to enhance educational experiences and opportunities for all students.
009.01A The school system develops and implements a continuous school improvement process to promote quality learning for all students. This process includes procedures and strategies to address quality learning, equity, and accountability. In public schools, the process incorporates multicultural education as described in Section 004.01F of this Chapter. In all school systems, the continuous school improvement process includes the following activities at least once within each five years.
009.01A1 Review and update of the mission and vision statements.
009.01A2 Collection and analysis of data about student performance, demographics, learning climate, and former high school students.
009.01A3 Selection of improvement goals. At least one goal is directed toward improving student academic achievement.
009.01A4 Development and implementation of an improvement plan which includes procedures, strategies, actions to achieve goals, and an aligned professional development plan.
009.01A5 Evaluation of progress toward improvement goals.
009.01B The school improvement process includes a visitation by a team of external representatives to review progress and provide written recommendations. A copy of the school system’s improvement plan and the written recommendations of the external representatives are provided to the Department. The external team visits are conducted at least once each five years.
009.01B1 The Commissioner may approve the use of a third party external review of a school system to fulfill the requirement for an on-site visitation if all the requirements of Section 009 of this Chapter are met.
009.01B2 The Progress Plan developed by a public school designated as a priority school as outlined in Subsection 010.02D of this Chapter must be included within the continuous improvement requirements of Section 009 of this Chapter for the public school district in which the priority school is located.
010 Accountability Reporting for School Systems and Accountability System for Public Schools and Public School Districts
010.01 Quality Indicator: The school system demonstrates accountability to the residents of the school community. School staff periodically assess and report student progress toward accomplishment of academic content standards. Results are used to plan and make needed changes to improve instruction for all students.
010.01A The school system annually prepares a written report which includes at least student academic performance as required in Section 005.02 of this Chapter, school system demographics, school improvement goals and progress and, in the case of public schools, financial information. School systems report the information in accordance with the policy in Section 010.01B of this Chapter.
010.01B The school system has a written policy for annually preparing and distributing the performance report(s) required in Section 010.01A of this Chapter to the residents of the public school district or, in the case of nonpublic schools, to the appropriate body. The policy assures that individual test scores are kept confidential. If the school has fewer than ten students in the grades being reported, or if reporting would allow for the identification of students because they all had comparable scores, no public reports of student performance are provided for those grades.
010.02 Accountability System for Public Schools and Public School Districts
010.02A Accountability System to Measure Public School and Public School District Performance. The Board must establish an accountability system to be used to measure the performance of individual public schools and public school districts as set forth in Neb. Rev. Stat. § 79-760.06.
010.02A1 The accountability system must combine multiple indicators, including graduation rates, student growth and student improvement on the assessment instruments provided in Neb. Rev. Stat. § 79-760.03, and status and participation in statewide assessment. Other indicators of the performance of public schools and public school districts must be specified by the Commissioner and approved by the Board in future revisions of this Chapter.
010.02A2 The indicators must be combined into a school performance score and public school district performance score. The Board must establish performance level classifications based upon school performance scores and public school district performance scores in order to classify the performance of public schools and public school districts beginning with the reporting of data from school year 2014-15.
010.02B Designation of Priority Schools. The Board must, at its discretion, designate no more than three (3) public schools as priority schools based on recommendations from the Commissioner or his or her designee.
010.02B1 Schools designated as priority schools must be in the lowest performance level classification at the time of the initial designation as a priority school.
010.02B2 Schools designated as priority schools must remain priority schools until such designation is removed by the Board as provided in Subsection 010.02D4 of this Chapter.
010.02B3 In making recommendations to the Board for the designation of priority schools, the Commissioner or his or her designee must take into consideration public school and public school district performance in meeting the requirements specified in this Chapter, based on the following:
010.02B3a Data required to be reported to the Department for all public schools and public school districts pursuant to Subsections 005.02 through 005.02C, 009.01A and 009.01B of this Chapter; and,
010.02B3b Public school or public school district improvement plans or accreditation site visit reports available to the Department pursuant to Subsections 009.01A and 009.01B of this Chapter.
010.02C Intervention Team.
010.02C1 The Commissioner must appoint an Intervention Team for each priority school as set forth in Neb. Rev. Stat. § 79-760.07.
010.02C2 The Intervention Team must assist the superintendent and staff of the public school district containing the priority school with the following:
010.02C2a Diagnosing issues that negatively affect student achievement in the priority school;
010.02C2b Designing strategies to address issues that negatively affect student achievement in the priority school through a Progress Plan; and
010.02C2c Developing measurable indicators of progress in addressing issues that negatively affect student achievement in the priority school.
010.02D Development and Implementation of the Progress Plan.
010.02D1 The Intervention Team, in collaboration with the priority school staff and the administration and the school board of the public school district containing the priority school, must develop a Progress Plan for approval by the Board. The Progress Plan must include the following:
010.02D1a The issues diagnosed as negatively affecting student achievement in the priority school;
010.02D1b Strategies designed to address issues that negatively affect student achievement in the priority school;
010.02D1c Specific actions to be taken by the priority school and the public school district containing the priority school to address issues that negatively affect student achievement in the priority school that are required in order to remove the school’s classification as a priority school;
010.02D1d The measurable indicators of progress in addressing issues that negatively affect student achievement in the priority school developed pursuant to Subsection 010.02C2a of this Chapter; and
010.02D1e The level of progress, as indicated by the measurable indicators developed pursuant to Subsection 010.02C2c of this Chapter, that is required in order to remove the school’s designation as a priority school.
010.02D2 Upon approval of the Progress Plan by the Board, the Intervention Team must assist the superintendent and staff of the public school district containing the priority school in implementing strategies to address issues that negatively affect student achievement in the priority school through the Progress Plan developed pursuant to this section.
010.02D3 Approval of the Progress Plan. A Progress Plan for each newly designated priority school must be approved by the Board at its discretion based on the recommendation of the Commissioner or his or her designee. In making his or her recommendation, the Commissioner or his or her designee must consider whether the Progress Plan is reasonably designed to address issues that negatively affect student performance in the priority school.
010.02D4 Annual Review of Progress Plans. The Commissioner must annually review and make a recommendation to the Board on each priority school’s Progress Plan. The Board must determine, based on the recommendation of the Commissioner or his or her designee, whether any modifications to the plan are needed. Such modifications must be incorporated into the plan immediately upon such a determination. The school’s priority designation must be removed when the Board determines, based on the recommendation of the Commissioner or his or her designee, that the school has substantially met all of the requirements in its Progress Plan.
010.02E Schools Designated as Priority Schools for Five Consecutive School Years. If a school has been designated as a priority school for the fifth consecutive school year, the Board must reevaluate the Progress Plan to determine, based on the recommendation of the Commissioner or his or her designee, if:
010.02E1 A significant revision to the school’s Progress Plan is necessary, in which case the process in Subsection 010.02D1 of this chapter must be used to significantly revise the Progress Plan subject to approval by the Board as provided in Subsection 010.02D3 of this Chapter; or
010.02E2 An entirely new Progress Plan needs to be developed, in which case the process in Subsection 010.02D1 of this Chapter must be used to develop a new Progress Plan subject to approval by the Board as provided in Subsection 010.02D3 of this Chapter; or
010.02E3 An alternative administrative structure is warranted, in which case the process in Subsection 010.02D1 of this Chapter must be used to develop a new Progress Plan subject to approval by the Board as provided in Subsection 010.02D3 of this Chapter that includes, but is not limited to, an alternative administrative structure.
010.02F Reports. Beginning in school year 2016-2017 and annually thereafter in September, each public school district containing a priority school must annually report to the Board on the level of progress made on the measurable indicators of progress.
011 School Environment .
011.01 Quality Indicator: The school facilities and the general environment are safe, orderly, and supportive of quality learning for all students. A positive atmosphere for learning supports and reflects the work of students.
AQuESTT Tenet: All students experience success through a continuous improvement process that builds student, parent/guardian/family and community engagement in order to enhance educational experiences and opportunities for all students.
011.01A Each school system maintains safe, healthful, and sanitary conditions within the school building(s) and on the school grounds and meets fire, safety, and health codes.
011.01B Each school system has a safety and security plan for the schools in the system. The plan addresses the safety and security of students, staff, and visitors. The plan is approved by the governing body.
011.01C Each school system has a school safety and security committee which includes representatives of faculty, parents, and the community. The committee meets at least annually to prepare and/or review safety and security plans and procedures, including emergency plans and procedures.
011.01D The school system’s safety and security plan(s) are reviewed annually by one or more persons not on the school system safety committee and not an employee of the school system. This review will include a visit to school buildings to analyze plans, policies, procedures, and practices and provide recommendations. Any recommendations made as a result of the analysis are forwarded to the head administrator and to the school safety and security committee to be considered in making revisions to the plan.
011.01E Each school system has a seclusion and restraints policy approved by the governing body.
011.01F Each school system must develop and adopt a policy concerning bullying prevention and education for all students. The school system must review the policy annually.
011.01G Pursuant to subsection (2) of Neb. Rev. Stat. § 79-2,141, each public school district must develop and adopt a specific policy to address incidents of dating violence involving students at school. This policy must include a statement that dating violence will not be tolerated.
012 School System Governance .
012.01 Quality Indicator: The governing body governs through orderly procedures which focus efforts of the school upon quality learning, result in equitable opportunities for learning for all students, and insure accountability to the local community.
012.01A The governing body has a written set of policies for the school system. These policies are accessible in each school building.
012.01B The school system has a written policy which assures that each school will meet the statutory requirement of at least 400 hours for kindergarten, at least 1,032 hours for students up through grade eight, and at least 1,080 hours for students in grades nine through twelve. The policy(ies) or regulations stipulate the conditions for which individual students may be excused from the regular school day.
012.01C The ratio of pupils to certificated staff members, computed on a full-time equivalency basis, in each school does not exceed 25 to 1.
012.01D For public school districts, the school board has, at the beginning of each calendar year, appointed three members to a committee on American civics, and the committee has carried out its duties as specified in Neb. Rev. Stat. § 79-724.
013 Waivers and Plans .
013.01 School systems, in order to better meet local goals, may submit a request for a waiver of one or more regulations found in Sections 004 through 012.01C of this Chapter. Section 003 of this Chapter and sections identified in Section 003.04 of this Chapter are based on statute and may not be waived. The waiver request must include at least the following:
013.01A A copy of the local improvement plan developed in accordance with Section 009.01A of this Chapter. The plan must contain local improvement objectives and must address quality learning, equity, and accountability.
013.01B A description of the program or process to be substituted for the regulation to be waived.
013.01C An explanation indicating how the local program or process will provide equivalent or improved opportunities for students and will accomplish the quality indicator.
013.01D If appropriate, how resources would be reallocated or used differently to provide programs or services.
013.01E Length of time for the requested waiver, not to exceed three years.
013.01F Procedures for providing an annual progress report to the Board.
013.02 The Commissioner will submit the waiver request to the Board with his or her recommendations. The Board may approve the requested waiver if the components of the plan substituted for the waived provisions will promote quality learning, equity, and/or accountability. The Board must reject the waiver if, in its opinion, the plan and requested waivers would not provide improvement in quality learning, equity, and/or accountability.
013.03 At the end of the waived time period, school systems may request and be granted Board approval of the same waiver for a period of up to three additional years if it can be demonstrated that the system is meeting the objectives for which the waiver was granted.
013.04 The Board recognizes the need for public special purpose school systems, such as schools operated expressly for students with disabilities or schools operating within the confines of correctional facilities. If such a school system can demonstrate that a requirement of this Chapter is not educationally necessary or appropriate for the students in attendance, or is in conflict with state or federal laws or regulations governing facilities operation, the Board may waive such requirement.
013.05 Public school districts which exist in unique circumstances due to population sparsity, geographic barriers, or other similar factors may submit a request to the Board for a modification of this Chapter to better meet the need of the students. Schools seeking such modification must submit: (1) an explanation of the unique circumstances leading to this request, (2) proposed modifications to better meet the needs of the students in the school, (3) an explanation of how the modifications will provide quality learning, equity, and accountability, (4) a copy of the local improvement plan developed in accordance with Section 009.01A of this Chapter, and (5) procedures for annually reporting to the Commissioner. Upon approval by the Board, the modifications must remain in effect unless changed by a revision of this Rule or change in status of the public school district.
014 Loss of Accreditation .
014.01 Quality Indicator: Schools comply fully and continuously with all accreditation requirements in order to provide for all students the learning opportunities described herein. Schools experiencing unfulfilled requirements make concerted efforts to achieve compliance or to provide alternative programs generating equivalent or improved programs and services. Schools not fulfilling accreditation requirements deprive students of opportunities for learning and may be subject to probation or loss of accreditation.
014.02 Section 003 of this Chapter lists requirements that must be met at all times by school systems as a condition of accreditation. Failure to meet those provisions may result in the Board terminating the legal operation of the school system during the school year. Noncompliance with other regulations in this Chapter will result in the assessment of violations which, if not corrected, will result in a recommendation to the Board for probation or loss of accreditation.
014.03 Violations. In determining the future accreditation status of a school system, each failure to meet a numbered regulation other than those contained in Section 003 of this Chapter constitutes a separate violation.
014.04 Reporting Violations. A school system must report any existing violations to the Department on its annual Statement of Assurance.
014.05 Correction of Violations. A school system will have until February 1 to correct violations or to prepare a written plan for correction of a violation that existed at the time of submission of the Statement of Assurance. Written evidence of the correction of the violations or a written plan developed in accordance with Section 014.05A of this Chapter must be submitted to the Department.
014.05A School systems having an uncorrected violation may submit a written plan to the Department by February 1 for correcting the violation before the following school year. Such plans may be approved by the Board if evidence provided indicates that the violation occurred after August 1, and the violation could not reasonably be corrected immediately before or during the current school year. Written evidence of the correction must be submitted to the Department by the following September 1.
014.06 Effect of Violations on Public School Systems. All public school systems are required by state statute to be accredited. If, after consultation with school officials, the Commissioner determines that public school systems have any uncorrected violations, he or she must make the applicable following recommendations to the Board:
014.06A A PUBLIC SCHOOL SYSTEM having an uncorrected violation of a requirement with no written plan under Section 014.05A of this Chapter must be recommended for ACCREDITATION ON PROBATION for the following school year.
014.06B A PUBLIC SCHOOL SYSTEM having a written plan under Section 014.05A of this Chapter and having the same uncorrected violation after September 1 must be recommended for ACCREDITATION ON PROBATION for the current school year.
014.06C A PUBLIC SCHOOL SYSTEM ON PROBATION continuing to have the same uncorrected violation after February 1 must be recommended for NONACCREDITATION for the following school year and must be subject to loss of authority to operate and reassignment of territory to other public school districts.
014.07 Effect of Violations on Nonpublic School Systems. Nonpublic schools may operate either as accredited or approved school systems. If, after consultation with school officials, the Commissioner determines that nonpublic school systems have any uncorrected violations, he or she must make the applicable following recommendations to the Board:
014.07A An ACCREDITED NONPUBLIC SCHOOL SYSTEM having a plan under Section 014.05A of this Chapter and having the same uncorrected violation after September 1 of a requirement must be recommended for ACCREDITATION ON PROBATION for the current school year.
014.07B An ACCREDITED NONPUBLIC SCHOOL SYSTEM having an uncorrected violation of a requirement and having no written plan under Section 014.05A of this Chapter must be recommended for ACCREDITATION ON PROBATION for the following school year.
014.07C An ACCREDITED NONPUBLIC SCHOOL SYSTEM ON PROBATION having an uncorrected violation after February 1 of a requirement must be recommended for APPROVAL for the following school year.
014.08 Provisions for Notice and Hearing.
014.08A When the Commissioner makes a recommendation to the Board for a school system to be placed on probation or for denial or revocation of accreditation or approval, notice of the recommendation and of the right to request a hearing must be given to the school system by certified mail sent at least 30 calendar days prior to the date of the Board meeting at which the recommendation is to be considered. Copies will be sent to the superintendent, head administrator, or head teacher of the school system, and to the presiding officer of the governing body, if known. This notice must specify the basis for the recommendation.
014.08B If the school system notifies the Commissioner at least seven (7) days prior to the date the recommendation is to be considered by the Board that it requests a hearing, the Board must schedule a hearing date.
014.08C All hearings arising under this Chapter must be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence. Any action taken or recommended by the Commissioner adverse to the school system may be the subject of a petition by such school system under 92 NAC 61, in which case all the provisions of 92 NAC 61 apply to such appeal.
014.09 Action by the Board. Upon review of the Commissioner's recommendation, and following any hearing, the Board must make a determination of the future accreditation status of the system and must inform the system in writing of its determination.
015 Procedures for Nonpublic Schools Applying for Initial Accreditation or Adding Grades to Previously Accredited Schools .
015.01 The Department recognizes the contribution made by the nonpublic schools to the state system of education by extending alternatives and opportunities to the citizens of the state. Nonpublic schools seeking accreditation must notify the Department of their intent to seek accreditation by letter or email no later than July 1 prior to the school year of the application process.
015.02 By November 1, each applicant nonpublic school must submit to the Department a report documenting compliance with this Chapter.
015.03 By March 1, each applicant nonpublic school must be visited by a representative of the Department or a designee to verify the school's compliance with the provisions of this Chapter. Reports of such visitations must be reviewed by the State Accreditation Committee, which must make recommendations to the Commissioner relative to accreditation for the following school year.
015.04 Upon favorable review by the State Accreditation Committee, the Commissioner will make a recommendation to the Board that the applicant nonpublic school be granted accreditation.
015.05 Upon favorable action by the Board, accreditation is granted for one school year from each July 1 through the following June 30. Renewal is granted based upon the school's compliance with this Chapter during the prior school year.
015.06 When an approved nonpublic school is added to an accredited school system, the approved school must follow the procedures for applying for initial accreditation as provided in this Chapter.
015.07 Accredited nonpublic schools intending to add new grades must inform the Department of such intent, by letter or email, no later than May 1 prior to the year in which the new grades will operate. If it is determined through visitation or reporting that the intended new grades can comply with the provisions of this Chapter, the Commissioner will submit a recommendation to the Board that the school be granted conditional accreditation to add new grades. Schools having conditional accreditation to add new grades must follow procedures established in Sections 015.02 through 015.05 of this Chapter for obtaining accreditation.
History
- Effective 2024-06-02
Chapter 11 Regulations for the Approval of Prekindergarten Programs Established by School Boards or Educational Service Units and for the Issuance of Early Childhood Education Grants
Neb. Admin. Code tit. 92, ch. 11 Regulations for the Approval of Prekindergarten Programs Established by School Boards or Educational Service Units and for the Issuance of Early Childhood Education Grants {#sec-92-nac-11 omnilex-key=us-ne-regs-official--title-92--92 NAC 11}
001 General Provisions
001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-318, 79-265.01, and 79-1101 to 79-1104 and 79-318 .
001.02 Scope and Application of this Rule. This Chapter governs the approval of prekindergarten programs established by school boards or educational service units for children ages birth to compulsory kindergarten-entrance age under the provisions of Neb. Rev. Stat. § 79-1104 . This Chapter also governs the issuance of the Early Childhood Education Grants to school districts for programs serving children ages three to compulsory kindergarten-entrance age under the provisions of Neb. Rev. Stat. §§ 79-1101 to 79-1103.
001.03 Related Regulations. In addition to the requirements of this Chapter, public school districts are also governed by regulations contained in Title 92 Nebraska Administrative Code (NAC), Chapter 10, dealing with the accreditation of schools; 92 NAC Chapters 21 and 24 dealing with teacher certification and endorsement; 92 NAC Chapters 51 and 52 dealing with special education programs; and 92 NAC Chapter 19 dealing with enrollment. Public school districts operating a child care program may also be governed by 391 NAC Chapter 3 dealing with licensure of child care centers. Nothing in this Chapter may be interpreted to supersede the Individuals with Disabilities in Education Act, 20 USC § § 1400 et al., including corresponding federal regulations, the Nebraska Special Education Act, and 92 NAC Chapters 51 and 52 where appropriate.
002 Definitions
002.01 At risk when used with reference to a child means the child is experiencing conditions or factors which could have a negative impact on his or her development or learning, including but not limited to such factors as low birth weight, poverty, being a child of teen parents or parents who did not graduate from high school, or living in a home whose occupants have limited ability to speak and understand English.
002.02 Board means the State Board of Education.
002.03 Center-based program means a prekindergarten program serving children in a class on a part-day or full-day program basis.
002.04 Class means a group of children who are receiving early childhood services in a classroom for a specific time period established by the school district or educational service unit. When there is more than one group of children ( example: a morning group and an afternoon group), each group represents a distinct class for all purposes and must meet all requirements of this Chapter. Each class will meet instructional hour requirements for center-based programs indicated in Section 005 of this Chapter.
002.05 Commissioner means the State Commissioner of Education.
002.06 Comprehensive services means services other than the educational and family development and support components of the prekindergarten programs that are accessible to program participants including, but not limited to, nutritional, medical, dental, social, and mental health services.
002.07 Compulsory kindergarten-entrance age means a child will reach six years of age prior to January 1 of the then-current school year.
002.08 Contact Hours, when used in conjunction with home-based programs, means that program staff will have contact with each enrolled family at least three (3) times each month and a minimum total of 180 minutes per month.
002.09 Curriculum means an intentional design to enhance children's learning that is appropriate for the age and development of the children and is designed and implemented to promote positive outcomes in the areas of social, emotional, intellectual, language, physical, and aesthetic development, for all children served in the prekindergarten program.
002.10Department means the State Department of Education, which is comprised of the Board and the Commissioner.
002.11 Developmentally appropriate means that the learning environment and teaching strategies are based on widely accepted theories and research about the typical and atypical growth, development, and learning of children.
002.12 Established, when used with reference to prekindergarten programs established by a school board or educational service unit, means a prekindergarten program that is operated by a school district or educational service unit directly; or by contract with another entity; or in coordination, cooperation, collaboration or partnership agreement with another entity.
002.13 Family development and support means those components of a prekindergarten program which recognize the central role of the family in their children's development. Family development and support includes, but is not limited to, home visitation, parent resources and information, conferences, and referrals for additional services for children and families.
002.14 Family literacy means education and related activities which involve children and their families in interactive literacy experiences.
002.15 Full-day program means a prekindergarten center-based program that provides instruction, programming, and services for 6 or more hours per day in a class setting.
002.16 Home-based program means a prekindergarten program that specifically provides home visiting services and does not include a center-based component. This definition includes Sixpence programs as described in subsection 005.13, but does not apply to or include special education services in the home under Rule 51 and Rule 52 (92 NAC 51 and 52).
002.17 Home visiting services means a method of service delivery for child and family development and support where guidance, information, and child development services are offered in partnership with the family. Services may be provided for either home- or center-based programs in the family home or at another location determined by the family and the home visiting specialist or teacher. This definition includes Sixpence home-visiting programs as described in subsection 005.13, but does not apply to or include special education services in the home under Rule 51 and Rule 52 (92 NAC 51 and 52) or the federal Elementary and Secondary Education Act (ESSA), Title I, Part C services.
002.18 Home visitor means a person who provides family development and support services under the supervision of a home visiting specialist or a teacher.
002.19 Home visiting specialist means a person who develops, supervises, and provides home visiting services.
002.20 Infant means a child age birth to 18 months.
002.21 Instructional hour when used in connection with center-based programs means a period of time, at least sixty (60) minutes long, which is used for teaching in the following areas of children's growth and learning: social-emotional development, cognitive learning in the areas of language and literacy, mathematics, science, and problem solving; creative arts, health and nutrition; and physical and motor development. Meal or snack time is part of the program curriculum and provides opportunities for learning and social development, as well as nutrition, and therefore, is included as part of the instruction time. Outdoor and gross motor time will be included as part of the instruction time. Sharing information with the family outside of the school during home visits will count as instructional time. Time spent transporting children from home to the school and back or conducting parent/teacher conferences in the school setting will not count as instructional time.
002.22 Instructional hour, when used in connection with home-based programs, means contact hours. Time spent conducting home visits or phone contact will count as contact hours. Parent/teacher conferences are not considered contact hours.
002.23 Paraeducator means an individual who serves in a non-teaching role under the supervision of a teacher certificated to teach pursuant to 92 NAC 21.
002.24 Parent means parent or legal guardian.
002.25 Part-day program means a prekindergarten center-based program that provides instruction, programming, and services for less than 6 hours each day in a class setting.
002.26 Partnership agreement means, for the purposes of this Chapter, a formal written agreement that describes the level and nature of commitment of each party to the prekindergarten program. The partnership agreement should describe the following: resources contributed by each partner; rights and responsibilities of each partner; and any other relevant information agreed upon by all parties. The parties are not required by this Chapter to enter into partnership agreements or form a partnership under the Nebraska Uniform Limited Partnership Act.
002.27 Prekindergarten program means all early childhood part-day or full-day center-based programs (may be called preschool, Head Start, child care, Sixpence or some other name depicting a center-based program) and/or home-based programs provided for children who have not reached the age of six on or before December 31 of the current school year.
002.28 Preschooler means a child age 3 years to compulsory kindergarten-entrance age.
002.29 School year means the time period between July 1 and June 30 each year.
002.30 Suspension means the temporary removal of a child from the learning setting due to a child's behavior including requiring the child to cease attendance for a specified period of time, reducing the number of days or amount of time that a child may attend, removing the child from the regular group setting for an extended period of time, or requiring the parent or the parent's designee to pick up a child for reasons other than illness or injury.
002.31Teach includes, but is not limited to, the responsibilities found in subdivision (12) of Neb. Rev. Stat. § 79-101 plus the provision of a learning environment and opportunities for positive relationships with children and families.
002.32 Teacher means a person who is certificated pursuant to 92 NAC 21 to teach.
002.33 Teacher assistant means a person who provides care, support, and education under the direction of a teacher certificated to teach pursuant to 92 NAC 21.
002.34 Toddler means a child age 18 months to 3 years.
003 Prekindergarten Program Approval Process
003.01 Intent to Operate Statement: Any public school district or educational service unit intending to establish a prekindergarten program will provide the following information to the Department at least 60 days prior to providing any such program:
003.01A A written statement indicating the intent to establish a prekindergarten program meeting the requirements of this Chapter and a description of the prekindergarten program to be provided. The description will include the type of service to be provided, the planned number of instructional hours for a center-based program or contact hours for a home-based program, and the ages of children in the program. This statement will be signed by the school district superintendent or the educational service unit (ESU) administrator.
003.01B Written verification that the district or educational service unit staff member who coordinates the prekindergarten program holds a Nebraska Teaching Certificate and has at least 9 college credit hours in early childhood education.
003.01C When known, name of the certificated teacher or teachers who will assume teaching responsibilities.
003.02 Approval Requirements. Prekindergarten programs established by school boards or educational service units will be approved by the Board pursuant to this Chapter upon the recommendation of the Commissioner. Approval requires compliance with the requirements identified in this Chapter.
003.02A School systems may submit a request for a waiver for subsections 004.07 and 005.05A of this Chapter listing each staff member that does not meet those requirements. To be eligible for a waiver, the following minimum information is required and must be submitted within 90 days of the hire date of each staff:
003.02A1 Copy of each advertised job posting and starting salary, and
003.02A2 List of all other applicants for the position along with their resume and/or application, if any, and
003.02A3 Resume of person hired, and
003.02A4 A copy of an approved course of study from a cooperating college or university showing the staff member will be able to achieve a teaching certificate with an early childhood endorsement within four years. Such course of study should also include a copy of the staff member's current transcripts.
003.02A5 For teachers of a prekindergarten center-based program, provide the plan developed as required by subsection 005.0SA for the staff member to obtain the required endorsement.
003.02B The Commissioner will submit the waiver request to the Board with his or her recommendation for approval or denial. The Board may approve the requested waiver if the components of the plan will promote quality learning, equity, and/or accountability. The Board will reject the waiver if the plan and requested waiver would not provide quality learning, equity, and/or accountability.
003.02C The approved waiver may be renewed annually .
003.03 Duration and Continuation of Program Approval. Program approval is granted for one year from each July 1 through the following June 30. Renewal is based on the program's compliance with this Chapter during the prior school year.
003.03A Districts approved for a waiver of subsection 004.07 for specifically identified staff must provide the courses each staff member subject to a waiver completed towards that staff member's approved course of study as part of the Early Childhood Program Report as described in subsection 003 .06. Renewal of program approval is dependent upon the annual progress.
003.04 Approval For the Purpose of Early Childhood Education Continuation Grants or the Tax Equity and Educational Opportunities Support Act (TEEOSA). Prekindergarten programs established by school districts may be approved annually for purposes of TEEOSA or for Early Childhood Education continuation grants under this Chapter on the annual submission of the following by the establishing district:
003.04A An Early Childhood Program report demonstrating that the program will continue to meet the requirements of this Chapter, and, for programs receiving grants, a continuation plan demonstrating that the program will continue to meet grant requirements.
003.04B For programs receiving grants, a proposed operating budget demonstrating that the program will receive resources from other funding sources equal to or greater than the sum of any grant received pursuant to this Chapter for the prior school year plus any calculated state aid as calculated pursuant to subsection (1) of Neb. Rev. Stat. §79-1103 for the prior school year.
003.05 General Reports. The head administrator of each school district or educational service unit establishing a prekindergarten program will include information about such programs in the Department approved data system. All early childhood data is due as specified by the data system calendar.
003.06 Early Childhood Program Report. An Early Childhood Program Report will be electronically submitted on or before October 15 of each year through the Department portal. When the report reflects failure to comply with the requirements of this Chapter, it will be accompanied by a written plan for correcting the violation(s). The plan is subject to approval by the Commissioner or his or her designee. The Commissioner or his or her designee may approve the plan if in his or her judgment it is reasonably calculated to correct the violation prior to the end of the current school year.
004 Requirements For All Prekindergarten Programs (Center-based and Home-based) Established By School Boards or Educational Service Units
004.01 Stated Purpose. Each program will have a stated purpose of promoting social, emotional, intellectual, language, physical, and aesthetic development and learning for the children served and of promoting family development and support.
004.02 Planning. Each program will have a planning period. The planning period will include activities associated with:
004.02A Determining the community's unmet needs for early childhood education for prekindergarten children in terms of the number of such children in the community, an estimate of the number of children at risk, kinds of programs available, numbers of children birth to compulsory kindergarten-entrance age who are not currently receiving services, and barriers to the provision of services.
004.02B Developing cooperative relationships with public and nonpublic providers of early childhood programs, including the development of cooperative agreements and contracts, as needed to carry out the proposed program.
004.02C Recruiting and training staff.
004.02D Identifying and listing existing school-community resources available to provide comprehensive services to the program participants.
004.03 Advisory Committee. A local Early Childhood Advisory Committee will be established with membership representing families and community members.
004.03A An existing advisory committee such as that required for services to children below age five ( 5) with disabilities in Title 92 NAC Chapter 51, a Head Start Policy Council, or a Title I Advisory Committee, may serve this purpose if the representation conforms with this section and the mission is expanded to encompass the purpose of this Chapter.
004.03B Advisory Committee meetings are subject to the Open Meetings Act as described in Neb. Rev. Stat. §§84-1407 to 84-1414.
004.04 Coordination with Existing Programs and Funding Sources. Each program will develop, and keep on file, a written plan to show that the program will be coordinated or contracted with existing programs, including those listed in subsection 004.04A and nonpublic programs which meet the requirements of this Chapter. Each program will develop and keep on file a written plan to coordinate and use a combination of local, state, and federal funding sources including, but not limited to, those listed in subsection 004.04A in order to maximize the participation of economically and categorically diverse groups of children and to ensure that participating children and families have access to knowledge of comprehensive services that may be available.
004.04A For the purposes of subsection 004.04, existing programs and funding sources are as follows:
004.04A1 Grants provided through the Early Childhood Education Grant Program for children ages three to compulsory kindergarten-entrance age under Neb. Rev. Stat. §79-1103 and the Early Childhood Grant Program for children ages birth to three (Sixpence Grants) under Neb. Rev Stat. §79-1104.02
004.04A2 Programs for children with disabilities below five years of age funded through the Special Education Act, the Early Intervention Act, and funds available through the flexible funding provisions under the Special Education Act.
004.04A3 The federal Head Start Preschool or Early Head Start program.
004.04A4 Title I of the federal funds provided through the Elementary and Secondary Education Act and subsequent reauthorizations or other appropriate federal legislation.
004.04A5 Child care assistance through the Department of Health and Human Services.
004.04A6 Local district funds.
004.04A7 Funds obtained through contracts with other school districts, such as contracts to provide services to children below age five with disabilities pursuant to 92 NAC 51.
004.04A8 Private grants and gifts.
004.04A9 Parent fees from the program's locally-developed sliding scale.
004.04A10 Nonpublic prekindergarten programs which meet the requirements of Neb. Rev. Stat. §79-1104(2) and this Chapter.
004.05 Fees. Fees if charged will not exceed the actual cost for providing prekindergarten programs. Programs charging fees will have a plan to use a sliding fee scale in order to maximize the participation of economically and categorically diverse groups. Programs may waive fees on the basis of need. This subsection does not allow any school district to fail to meet its responsibilities under the Special Education Act (Neb. Rev. Stat. §§79-1110 to 79-1167).
004.06 Program Coordinator. Prekindergarten programs will be coordinated by either a certificated district staff member or an employee of an agency with whom the district has a partnership agreement who holds a current Nebraska Teaching Certificate with at least 9 college credit hours in early childhood education and has the authority and responsibility to ensure compliance of this Chapter.
004.07 Program and Staff Requirements. All teachers and administrators in prekindergarten programs established by school district or educational service units will hold a valid certificate or permit to teach issued by the Department pursuant to 92 NAC 21 unless a waiver has been granted by the Board pursuant to subsection 003 .02A in which case the specific staff member or members listed as the subject of the waiver, will temporarily be exempt from the requirement in subsections 004.07 and 005.05A. Each center-based part-day or full-day program will also meet program and staff requirements in Section 005 of this Chapter. Each home-based program will also meet the program and staff requirements in Section 006 of this Chapter.
004.08 Participation and Inclusion. Participation of children and families in any program under this Chapter will be voluntary. Programs will not exclude children verified as having disabilities and will include to the extent possible children of diverse social and economic characteristics.
004.08A Birth Certificates. Within 30 days of enrollment, parents or guardians must submit to the district a certified copy of the child's birth certificate or other documentation in compliance with the Missing Children's Identification Act, Neb. Rev. Stat. §§43-2001 through 43-2012.
005 Additional Program and Staff Requirements for Prekindergarten Programs Serving Children Birth to Compulsory Kindergarten-Entrance Age in a Center-Based Program
005.01 Instructional Hours. Each class in the program will operate a minimum of twelve (12) instructional hours per week during the school year. Programs receiving grant funds pursuant this Chapter or receiving Tax Equity and Educational Opportunities Support Act (TEEOSA) funds will operate a minimum of four-hundred and fifty ( 450) instructional hours per school year.
005.01A Pursuant to the provisions of Neb. Rev Stat. §79-213, school systems unable to meet the minimums for instructional hours due to epidemic sickness, severe storm conditions, or destruction of the school house may request permission from the Board to offer fewer than the minimum hours by submitting an affidavit sworn to by the secretary of the school board and explaining the circumstances resulting in the request.
005.02 Family Development and Support. Each center-based part-day or full-day prekindergarten program will provide a strong family development and support component which recognizes the central role of parents in their children's development and establishes a working partnership with each parent. The family development and support component will include, at a minimum:
005.02A Written information for families about the program's philosophy, policies, and procedures.
005.02B An orientation to the program for children and families.
005.02C At least two (2) home visits per year between the parent(s) and the teacher to discuss the child's development and learning. If the family decides to have the visit at a location other than the home, it must be conducted at a location determined jointly by the family and teacher.
005.02D Specified opportunities for program staff to dialogue with families through such activities as parent conferences, participation on advisory committees, needs assessments, participation as classroom volunteers, and flexible scheduling of meetings and events.
005.02E Services based on the family's needs and interests that include but are not limited to, components that will enhance parenting skills and the family's ability to access community resources.
005.03 Developmentally and Culturally Appropriate Curriculum Practices. and Assessment. The part-day or full-day center-based prekindergarten program will provide a play-oriented learning environment, which facilitates the optimal growth and development of children, with opportunities for age-appropriate learning experiences through active involvement with people and materials. Programs must implement developmentally appropriate research-based early childhood curricula, including additional curricular enhancements, as appropriate that are based on scientifically valid research and have standardized training procedures consistent with the science of reading for children of this age and include curriculum materials to support implementation.
005.03A A written program plan will be developed to explain and implement the program. The written program plan will include a description of how the program curriculum, practices and assessment provide a variety of developmentally appropriate, experiential activities which:
005.03A1 Promote a positive self-concept in each child.
005.03A2 Foster attachments for all children by ensuring they have consistent teachers and paraeducators daily.
005.03A3 Develop social skills in each child.
005.03A4 Encourage each child to think, reason, question, and experiment.
005.03A5 Foster both receptive and expressive language development and provide early literacy/pre-reading experiences.
005.03A6 Incorporate family literacy experiences.
005.03A7 Develop an understanding of mathematical concepts including quantities of things, of time, and of space.
005.03A8 Enhance each child's physical development and skills.
005.03A9 Encourage sound safety, health, and nutritional practices, including avoidance of controlled substances.
005.03A10 Stimulate each child in creative expression and appreciation of the arts.
005.03A11 Include exploratory play in a language and literacy-rich environment during a majority of the daily schedule.
005.03A12 Reflect and respect the diversity of races, national origins, gender, and physical and mental abilities in the larger society and with particular emphasis on the cultural and ethnic backgrounds of the children enrolled through planned activities, use of materials, and use of equipment.
005.03A13 Use positive, age-appropriate techniques of child guidance including redirection, anticipation, elimination of potential problems, and encouragement. Suspension of prekindergarten aged children is governed by Neb. Rev. Stat. § 79-265.01.
005.03A14 Use child assessment (evaluation) practices based on documentation gathered through an established system of ongoing observation and assessment to provide objective measures of each child's performance and progress in development and learning to meet the Nebraska Early Learning Guidelines.
Nebraska's Birth to Five Learning and Development Standards. The summary of these standards is found on the Department's website. . The assessment data will be used to plan and implement teaching strategies and activities to meet the individual needs of each child. Any formal assessment tools used will meet accepted standards of reliability and validity. Developmentally appropriate practices will be implemented for all children. Individualized support will be provided for children who are not progressing within age-expectations for literacy/pre-reading and mathematics.
005.03A15 Link the prekindergarten to the district's kindergarten/primary program through a written transition plan insuring continuity, identification, and implementation of processes necessary to facilitate the transition of children. The prekindergarten program will be included in the school district continuous improvement plan.
005.03A16 Include a well-defined language development and early literacy emphasis, including the involvement of parents in family literacy activities.
005.03A17 Provide at least one outdoor play period (weather permitting) daily.
005.04 Evaluation and Quality Assurance. The program will participate in periodic program evaluations to assure program quality and positive child outcomes. The evaluation process will be designed by the Department and will include, but not be limited to the following:
005.04A An assessment of program quality.
005.04B A report of child outcomes including at least one objective measure of child performance and progress.
005.04C A written plan for dissemination of the results of the evaluation.
005.05 Program Staff. The prekindergarten program will use qualified staff as set forth below.
005.05A Teacher. Any teacher in a prekindergarten program will hold a valid Nebraska Teaching Certificate with one of the following endorsements: Early Childhood Special Education (Birth through Kindergarten), Early Childhood Inclusive (Birth through Grade 3), Early Childhood Education (Age 3 through Grade 3), or Special Education: Early Intervention Specialist, Birth through Prekindergarten. A program may use a teacher without such an endorsement if the teacher files with the Department, as part of the annual Early Childhood Program Report, a plan developed by the teacher and the cooperating college or university to complete the endorsement. The plan will require the teacher to receive at least six (6) semester hours of credit annually toward completion of the endorsement. When fifty percent (50%) of the required courses have been completed, the teacher is eligible for a provisional endorsement pursuant to 92 NAC 24.
005.05B Teacher Assistant.
A teacher assistant in a prekindergarten classroom serving children younger than age 3 may carry out daily activities of the classroom if a certificated teacher with one of the following endorsements: Early Childhood Special Education (Birth through Kindergarten), Early Childhood Inclusive (Birth through Grade 3), Early Childhood Education (Age 3 through Grade 3), or Special Education, Early Intervention Specialist (Birth through Prekindergarten) is assigned to a prekindergarten classroom in the program during normal school hours and plans appropriate teaching activities in collaboration with the teacher assistant.
A teacher assistant in a prekindergarten classroom in a before and/or after school program may carry out daily activities of the classroom if a certificated teacher with one of the following endorsements: Early Childhood Special Education (Birth through Kindergarten), Early Childhood Inclusive (Birth through Grade 3), Early Childhood Education (Age 3 through Grade 3), or Special Education: Early Intervention Specialist (Birth through Prekindergarten) is assigned to a prekindergarten classroom in the program during normal school hours and plans appropriate teaching activities in collaboration with the teaching assistant.
A teacher assistant assigned to a classroom setting will have received at least twelve (12) semester hours of undergraduate or graduate credit in child development/early childhood education, or the equivalent in prior training or experience as determined by the Commissioner or his or her designee. Equivalencies include, but are not limited to the following:
005.05B1 Holding a current Child Development Associate Credential issued by the Council for Early Childhood Professional Recognition in Washington, D.C. will be an equivalent for the twelve (12) semester hour requirement.
005.05B2 Holding a current Nebraska teaching certificate with a K-6 elementary endorsement will be an equivalent for the twelve (12) semester hour requirement.
005.05B3 Each two (2) years of employment in a program serving children birth through second grade will be an equivalency for three (3) credit hours of the twelve (12) semester hour requirement. Four or more years of experience may count for a maximum of six (6) of the twelve (12) semester hour requirement.
005.05B4 Early childhood training hours (including web-based training) provided by or sponsored by the Department's Office of Early Childhood will count toward the twelve (12) semester hour requirement. Fifteen (15) clock hours constitute one (l) semester hour.
005.05B5 The program may employ a teacher assistant who does not meet the twelve (12) semester hour requirement as long as the teacher assistant completes a minimum of six (6) semester hours or the equivalent in training or experience within the first year of employment and meets the full twelve (12) semester hour requirement before the end of the second year of employment.
005.05C Paraeducator. The prekindergarten program may employ a paraeducator to work as a member of a team in a center-based program. Paraeducators must meet federal requirements for instructional para professionals.
005.05D Home Visitor. The prekindergarten program may employ a home visitor in a center-based program who provides family development and support services under the direction of a teacher. The home visitor will have at least twelve (12) semester hours of undergraduate or graduate credit in one or a combination of the following areas: (i) Early Childhood Education; (ii) Early Childhood Special Education; (iii) Child Development; (iv) Human Services, Nursing, Social Work, Sociology or Psychology, including coursework in the area of family centered practices or child and youth development.
005.05D1 The program may employ a home visitor who does not meet the twelve (12) semester hour requirement as long as the home visitor completes a minimum of six (6) semester hours or the equivalent in training or experience within the first year of employment and meets the full twelve (12) semester hour requirement before the end of the second year of employment. Equivalencies include, but are not limited to the following:
005.05D1A Holding a current Child Development Associate Credential issued by the Council for Early Childhood Professional Recognition in Washington, D.C. will be an equivalent for the twelve (12) semester hour requirement.
005.05D1B Holding a current Nebraska teaching certificate with a K-6 elementary endorsement will be an equivalent for the twelve (12) semester hour requirement.
005.05D1C Each two (2) years of employment in a program serving children birth through second grade will be an equivalency for three (3) credit hours of the twelve (12) semester hour requirement. Four or more years of experience may count for a maximum of six (6) of the twelve (12) semester hour requirement.
005.05D1D Holding a Nebraska Home Visitor certificate will be equivalent to three (3) semester hours.
005.05D1E Early childhood training hours (including web-based training) provided by or sponsored by the Department's Office of Early Childhood will count toward the twelve (12) semester hour requirement. Fifteen (15) clock hours constitute one (1) semester hour.
005.05E Orientation. All staff working in the prekindergarten program will be provided with an orientation prior to having direct responsibility for the care and teaching of children or for providing family and development services. The orientation will include job duties and responsibilities, building safety procedures, information about the state law regarding reporting suspected cases of child abuse and neglect under Neb. Rev. Stat. §28- 711, child assessment information, and daily routines and schedules.
005.05F Language Resource. If the majority of children enrolled in the program use a common language other than spoken English, at least one staff member who uses such language will be available as an active participant to communicate with such children in classroom and group experiences. Where less than a majority of the children enrolled in the program speak a language different from the rest, one staff member or a community resource person or parent will be identified to serve as a resource to the program.
005.05G Staff Development Plan. There will be a written plan detailing staff development opportunities for all teachers, teacher assistants, paraeducators and home visitors working in the program who have regular contact with children and their families. The written plan will include a professional development goal, the strategies for meeting the goal and a timeline for completion. The written plan will be reviewed and updated annually.
005.05H Staff Development Hours. Teachers, teacher assistants, paraeducators and home visitors who have regular contact with children in early childhood programs will participate annually in at least fifteen (15) clock hours of Early Childhood Training Center approved staff development. All staff development will relate to prekindergarten or child development.
005.05I Background checks. Program staff who are not required to hold a Nebraska Teaching Certificate and who have contact with children will be checked by program administration against the Nebraska Central Registry of Child Abuse and Neglect and the Nebraska Adult Protective Services Registry, before being hired. No person or persons may be hired or remain employed who has a felony conviction nor any misdemeanor conviction involving abuse, neglect, or sexual misconduct as further defined and identified in 92 NAC Chapter 21 subsections 003.14 and 003.15.
005.06 Child/Staff Ratio and Group Size. Child/staff ratios and group sizes will be maintained as indicated below with staff assigned who meet the qualifications described in subsection 005.06. When age groups are mixed, the lower ratio will prevail.
005.06A If the program serves infants, at least one (1) staff member in the classroom setting will hold a valid Nebraska Teaching Certificate or be qualified as a teacher assistant. A paraeducator, teacher assistant, or an additional certificated teacher will be assigned to assure a ratio of at least one (1) adult for each four (4) children with a maximum group size of eight (8).
005.06B If the program serves toddlers, at least one (1) staff member in the classroom setting will hold a valid Nebraska Teaching Certificate or be qualified as a teacher assistant. A paraeducator, a teacher assistant, or an additional certificated teacher will be assigned to assure a ratio of at least one (1) adult for each six (6) children with a maximum group size of twelve (12).
005.06C If the program serves preschoolers, at least one (1) staff member in the classroom setting will hold a valid Nebraska Teaching Certificate for each group of twenty (20) children. A paraeducator or an additional certificated teacher will be assigned to assure a ratio of at least one (1) adult for each ten (10) children with a maximum group size of twenty (20).
005.06D If the programs serve children in the hours before or after the typical school day, at least one (1) staff member in the classroom setting will hold a valid Nebraska Teaching Certificate or be qualified as a teacher assistant. A paraeducator, a teacher assistant and/or an additional certificated teacher will be assigned to assure the ratios are consistent with 005.06A-005.06C of this chapter.
005.06E In full-day programs where children nap, the certified teacher or teacher assistant may be out of the classroom during the nap period as long as the children are adequately supervised by other staff and the teacher or teacher assistant is readily available.
005.07 Facilities, Equipment, Health and Safety
005.07A Classroom settings will provide at least thirty-five (35) square feet per child of space usable by the children.
005.07B An outdoor play area that is protected by fences or physical barriers will be available which provides at least seventy-five (75) square feet per child of play space.
005.07B1 The fence or physical barrier will be of a type of structure that is a continuous barrier and is at least 36 inches in height, flush with the ground, and without any gaps that would allow a child to exit the protected area.
005.07C Each classroom setting and outdoor play area will be equipped with safe, durable, age-appropriate equipment and materials for indoor and outdoor activities.
005.07D If needed, modifications of the equipment, materials, and activities will be made to assure maximum participation in the ongoing activities of the program for children with disabilities attending the program.
005.07E Equipment and materials will be organized into clearly defined areas of interest that are arranged to encourage independent choice; cooperative activity; and alteration between quiet and active exploration and teacher-and child-initiated activities.
005.07F Each prekindergarten program will maintain safe, healthful, and sanitary conditions within the facilities used for the program and on the outdoor playground and meet applicable fire, safety, and health codes.
005.07G At least one (1) staff member per class who has received first aid and CPR training specifically designed for children will be on duty with the children at all times. Written verification of current training will be available.
005.08 Meals and/or Snacks. The program will provide all children in each class at least one meal and/or snack that meets USDA Child Nutrition Program guidelines each day. All tables used for meals and snack will be properly sanitized. Full day programs must provide at least one meal and one snack, or two meals each day that meet USDA Child Nutrition Program guidelines.
005.09 Immunizations. The school district will comply with all state statutes and regulations regarding the immunization status of all enrolled children.
005.10 Supervision. Adequate and appropriate supervision will be provided at all times children are in attendance, including during outdoor play and field trips. Adequate and appropriate supervision includes, but is not limited to, knowing the whereabouts and being within sight or sound of children at all times.
005.11 Toileting. The program will ensure the toileting needs of all children are met immediately. The program will ensure wet and/or soiled clothing is changed immediately.
005.12 Infants and Toddlers. Programs serving children birth to age 3 will meet the following requirements:
005.12A The physical, emotional and social needs of infants and toddlers will be met consistently and promptly;
005.12B Formula and feeding schedules will be obtained from parents;
005.12C Infants will not sleep with bottles;
005.12D Bottles will not be propped;
005.12E If formula is used, it will be a commercially made product;
005.12F All breast milk and prepared formula will be refrigerated and clearly labeled with the child's name and discard date; and unused prepared formula will be discarded as indicated by the label;
005.12G Unfrozen breast milk will be discarded 48 hours after being expressed; and frozen breastmilk will be discarded three months after being expressed;
005.12H Only highchairs with three point safety straps will be used;
005.12I Infants will be placed on their backs to sleep except in cases where there is a medical reason the child will not sleep on its back; and written verification of the medical reason from the child's physician will be available;
005.12J Wet or soiled diapers will be changed immediately and disposed of in a sanitary manner;
005.12K Individual cleaning cloths will be used for diapering;
005.12L Diaper changing surfaces will be cleaned and disinfected after each use and staff will use proper hand washing techniques after each diaper change;
005.12M Toileting will be done in a manner agreed upon with the parent;
005.12N Potty chairs will be cleaned, disinfected, and properly stored away from play areas;
005.12O All cribs and playpens will meet federal safety standards as indicated by the Consumer Product Safety Commission; and
005.12P All cribs and playpens will not contain any soft objects, bumper pads, toys or loose bedding.
005.13 Sixpence Programs. School districts that receive Early Childhood Endowment birth to three grants, also referred to as Sixpence programs, may be required to meet additional grant-related program requirements established by the Endowment Board of Trustees.
006 Additional Program and Staff Requirements for Prekindergarten Programs Serving Children Birth to Compulsory Kindergarten-Entrance Age in a Home-Based Program (Does not apply to or include special education services in the home under Rule 51 and Rule 52 (92 NAC 51 and 52) or Elementary and Secondary Schools Act (ESSA) Title I, Part C services.
006.01 Contact Hours in Home-Based Programs. Program staff will have contact with each enrolled family at least three (3) times each month and a minimum total of 180 minutes per month. A minimum of 120 minutes will be face-to-face contact with the family. Contact maybe completed by the home visiting specialist or the home visitor. If a school district or educational service unit contracts with another organization to provide early childhood services, the district or ESU will ensure the adequate number of hours are provided as required in this subsection.
006.02 Family Development and Support. Each home-based prekindergarten program will include the following, at a minimum:
006.02A Written information for families about the program's philosophy, policies, and procedures;
006.02B An orientation to the program for families; and
006.02C Delivery of services that are based on family needs and interests and that focus on the child's development and positive family outcomes. Services will be provided year round following a curriculum that meets the requirements of subsection 006.03 of this Chapter.
006.03 Developmentally and Culturally Appropriate Curriculum, Practices, and Assessment in Home-Based Prekindergarten Programs. Each home-based prekindergarten program will provide curricula that are research-based and designed to work with families that facilitate the optimal growth and development of children, and that are culturally appropriate for all families served. The program will also include a well-defined language development and early literacy emphasis, including the involvement of families in literacy activities.
006.03A Each program will have a written program plan that will include a description of program curriculum, practices and assessments used. This plan must be provided to all parents and be available to the Department upon request.
006.03B Use child assessment (evaluation) practices based on documentation gathered through an established system of ongoing observation and assessment to provide objective measures of each child's performance and progress in development and learning to meet the Nebraska Early Learning Guidelines: Nebraska's Birth to Five Learning and Development Standards. The summary of these standards is found on the Department's website. The assessment data will be used to plan and implement teaching strategies and activities to meet the individual needs of each child. Any formal assessment tools used will meet accepted standards of reliability and validity. Developmentally appropriate practices will be implemented for all children. Individualized support will be provided for children who are not progressing within age expectations for literacy/pre-reading and mathematics.
006.04 Evaluation and Quality Assurance. Each home-based program will participate in periodic program evaluations to assure program quality and positive child outcomes. The evaluation process will be designed by the Department's Office of Early Childhood and will include, but not be limited to the following:
006.04A An assessment of program quality;
006.04B A report of child outcomes including at least one objective measure of child performance and progress; and
006.04C A written plan for dissemination of the results of the evaluation.
006.05 Program Staff. In order to provide home-based services, each home-based program will use one or more home visiting specialists and may in addition use one or more home visitors who meet the qualifications below:
006.05A Home Visiting Specialist. Any home visiting specialist in a home-based program will have a bachelor's degree or higher in one of the following areas:
006.05A1 Early Childhood Education,
006.05A2 Early Childhood Special Education,
006.05A3 Child Development, or
006.05A4 Human Services, Nursing, Social Work, Sociology or Psychology including at least twelve (12) graduate or undergraduate hours in any area of family-centered practices or child and youth development.
006.05B Home Visitor. Any home visitor will have at least twelve (12) semester hours of undergraduate or graduate credit in one or a combination of the following areas: (i) Early Childhood Education (ii) Early Childhood Special Education; (iii) Child Development; (iv) Human Services, Nursing, Social Work, Sociology or Psychology, including coursework in the area of family centered practices or child and youth development.
006.05B1 The program may employ a home visitor who does not meet the twelve (12) semester hour requirement as long as the home visitor completes a minimum of six (6) semester hours or the equivalent in training or experience within the first year of employment and meets the full twelve (12) semester hour requirement before the end of the second year of employment. Equivalencies include, but are not limited to the following:
006.05B1A Holding a current Child Development Associate Credential issued by the Council for Early Childhood Professional Recognition in Washington, D.C. will be an equivalent for the twelve (12) semester hour requirement.
006.05B1B Holding a current Nebraska teaching certificate with a K-6 elementary endorsement will be an equivalent for the twelve (12) semester hour requirement.
006.05B1C Each two (2) years of employment in a program serving children birth through second grade will be an equivalency for three (3) credit hours of the twelve (12) semester hour requirement. Four or more years of experience may count for a maximum of six (6) of the twelve (12) semester hour requirement.
006.05B1D Holding a Nebraska Home Visitor certificate will be equivalent to three (3) semester hours.
006.05B1E Early childhood training hours (including web-based training) provided by or sponsored by the Department's Office of Early Childhood will count toward the twelve (12) semester hour requirement. Fifteen (15) clock hours constitute one (1) semester hour.
006.05C Orientation. All staff working in the home-based program will be provided with an orientation prior to having direct responsibility for the care and teaching of children or for providing family and development services. The orientation will include job duties and responsibilities, home visiting safety procedures, information about the state law regarding reporting suspected cases of child abuse and neglect under Neb. Rev. Stat. §28-711, child assessment information, and information about the importance of family routines and schedules.
006.05D Staff Development Plan. There will be a written plan detailing staff development opportunities for all home visiting specialists and home visitors working in the home-based program who have regular contact with children and their families. The written plan will include a professional development goal, the strategies for meeting the goal and a timeline for completion. The written plan will be reviewed and updated annually.
006.05E Staff Development Hours. Home visiting specialists and home visitors who have regular contact with children in early childhood programs will participate annually in at least fifteen (15) clock hours of Early Childhood Training Center approved staff development. All staff development will relate to prekindergarten or child development.
006.05F Background checks. Home visiting specialists and home visitors who do not hold a valid Nebraska Teaching Certificate and who have contact with children will be checked by program administration against the Nebraska Central Registry of Child Abuse and Neglect, and the Nebraska Adult Protective Services Registry and have a criminal background check before being hired. No person or persons may be hired or remain employed who has a felony conviction nor any misdemeanor conviction involving abuse, neglect, or sexual misconduct as further defined and identified in 92 NAC Chapter 21 subsections 003.14 and 003.15.
007 Early Childhood Education Grants for Prekindergarten Program for Children Ages Three to Compulsory Kindergarten-Entrance Age . Any school district, individually or in cooperation with other school districts or educational service units, working in cooperation with existing nonpublic programs meeting the requirements for approval in this Chapter may submit an application for an Early Childhood Education Grant for a prekindergarten program for children ages three (3) to compulsory kindergarten-entrance age that is established by the district and is approved by the Department pursuant to this Chapter. Administrative authority for Early Childhood Education Grants for prekindergarten programs for children from birth to age three (3) (Sixpence Grants) resides with the Early Childhood Education Endowment Board of Trustees.
007.01 Children Who May Be Served With Grant Funds.
007.01A All prekindergarten-age children, ages three (3) to compulsory kindergarten-entrance age, regardless of their abilities, disabilities, or the social, linguistic, or economic diversity of the children's families are eligible to be served with grant funds awarded as provided in this Chapter.
007.01B Up to thirty percent of the funds granted for each prekindergarten program under this Chapter may be used to offset program costs for children who are not identified in the priorities specified in subdivisions (1)(b)(c), and (d) of Neb. Rev. Stat. §79-1103 or who are not supported through any of the funding sources listed in subsection 004.04 of this Chapter, in order to maximize the participation of children from diverse groups.
007.01C Early Childhood Education Grant funds will not be used to support the participation of children who are below age three or who are of compulsory kindergarten-entrance age.
007.02 Grant Application Process.
007.02A Request For Proposals. For years in which grant funds are available, the Department will issue a Request for Proposals (RFP) for new or expansion grants for programs for children ages three to kindergarten entrance or compulsory attendance age.
007.02B Forms. Each school district applying for a continuation grant, or a new or expansion grant under this Chapter, individually or in cooperation with other school districts or educational service units, will submit an application electronically through the Nebraska Department of Education Grants Management System.
007.02C Applications. Applications will be rated on the basis of conformance with the requirements of this Chapter.
007.02D Panel. The Commissioner or his or her designee will appoint a panel of persons knowledgeable in early childhood education to evaluate the applications and to recommend proposals for funding to the Commissioner.
007.02E Commissioner's Recommendation. Application funding recommendations by the Commissioner will be made at a meeting of the Board . Upon action by the Board, all applicants will be notified of the outcome.
007.02F Funding Distribution. Grant funds will be distributed by the Department using the priorities and limitations specified in subdivisions (1)(b), (1)(c), and (1)(d) of Neb. Rev. Stat. §79-1103. The Department will make an effort to fund programs across the state in both rural and urban areas.
007.03 Grant Funding.
007.03A Each prekindergarten program approved under the provisions of this Chapter will be eligible to apply for grant funding subject to the following:
007.03A1 Appropriation of the funds by the Legislature.
007.03A2 An annual review of compliance with the requirements of this Chapter and quality as measured over time by the program assessment tool pursuant to subsection 005.04A. Programs found with deficiencies as identified in the assessment tool must show measured progress annually.
008 Violations, Probation, or Loss of Program Approval and/or Loss of Grant Funds
008.01 Violations. When the Commissioner or his or her designee determines that the prekindergarten program is in violation of any requirement specified in this Chapter, written notice will be given to the school district or educational service unit. Any prekindergarten program in violation of any requirements specified in this Chapter will submit a written plan to the Commissioner or his or her designee describing how violations will be corrected prior to the beginning of the next school year.
008.02 Continued violation of any requirements indicated in this Chapter may result in probation, loss of approval and/or loss of grant funding as described in this Chapter. The Commissioner may, at his or her discretion, make recommendations to the Board to end or deny program approval and/or grant funding or place a program on probation.
008.03 Recommendations from the Commissioner to the Board to either end or deny program approval pursuant to Sections 004, 005 and 006 or to end grant funding pursuant to Section 007 may be appealed by filing a petition and request for hearing with the Board pursuant to 92 NAC 61 no later than 15 calendar days after the date of receipt of written notice of the recommendation from the Commissioner or his or her designee. All hearings arising under this Chapter will be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence.
008.04 When the Commissioner makes a recommendation to the Board to end or deny program approval or end grant funding, notice of the recommendation and of the right to request a hearing will be given by certified mail returned receipt requested sent at least thirty (30) calendar days prior to the date of the Board meeting at which the recommendation is to be considered. The notice will be sent to the superintendent of the school district or head administrator of the educational service unit responsible for the program. The notice will specify the basis for the recommendation.
008.05 Upon review of the Commissioner's recommendation and following any hearing, the Board will make a determination regarding the program's approval or grant funding and will inform the superintendent of the school district or the head administrator of the educational service unit of the Board's decision in writing by certified mail.
History
- Effective 2026-07-19
Chapter 13 Exempt Schools
Neb. Admin. Code tit. 92, ch. 13 Exempt Schools {#sec-92-nac-13 omnilex-key=us-ne-regs-official--title-92--92 NAC 13}
001 General Information
001.01 Statutory Authority. Subdivision (5)(c) of Neb. Rev. Stat. § 79-318 authorizes the Department to establish rules and regulations which govern procedures and standards for private, denominational, and parochial schools which elect, pursuant to procedures prescribed in subsections (2) through (7) of Neb. Rev. Stat. § 79-1601, not to meet all state accreditation or approval requirements.
001.02 Scope. Schools exempted from the approval and accreditation requirements may not be entitled to some of the benefits, privileges, or services accorded or provided to approved or accredited schools by the Department.
002 Definitions . As used in this Chapter:
002.01 Commissioner means the State Commissioner of Education, whose mailing address for purposes of this Chapter is P.O. Box 94987, Lincoln, NE 68509-4987.
002.02 Educational decisionmaker has the same meaning as in Neb. Rev. Stat. § 79-1601.
002.03 Exempt school means a school which has elected not to meet approval or accreditation requirements and has complied with this Chapter and state law relating to such exemption.
002.04 Legal Guardian has the same meaning as "Guardian" in Neb. Rev. Stat. § 43-245.
002.05 Mandatory Attendance Age has the same meaning as in Neb. Rev. Stat. § 79-201.
002.06 Residence means place in which a person is actually domiciled, which is one’s established home and the place to which they intend to return when absent therefrom. It is the place where a person is actually living full-time, as opposed to vacationing or visiting.
002.07 Resident means a person having residence in a place.
002.08 Resident school district means the school district in which the child is a resident.
002.09 School year has the same meaning as in Neb. Rev. Stat. § 79-101 and encompasses instruction occurring between July 1 and the following June 30.
003 Statement of Election and Assurances
003.01 General Requirement. To elect under this Chapter not to meet state approval or accreditation standards, (at least) one parent, legal guardian, or educational decisionmaker for each child of mandatory attendance age who will attend the exempt school must complete, sign, and date a Statement of Election and Assurances. The completed Statement of Election and Assurances must be filed with the Commissioner by the authorized parent representative.
003.02 Statement of Election and Assurances. The Statement of Election and Assurances form is available from the Exempt School Office or on the Exempt School Office website. The required information on the form is limited to:
003.02A The name and address of the filer signing the form;
003.02B Whether the filer is a parent, guardian, or educational decisionmaker and any accompanying documents required pursuant to Section 003.03 of this Chapter;
003.02C The name, age, and date of birth of each student for whom the form is being filed;
003.02D The name and address of the exempt school each such student will be enrolled in and attend;
003.02E The name and address of the authorized parent representative if not the filer or an acknowledgement that the filer will serve as the authorized parent representative and will fulfill the requirements in Section 004 of this Chapter;
003.02F The election and assurances required pursuant to subsection (3) of Neb. Rev. Stat. § 79-1601; and
003.02G The signature of the filer and the date the form is signed.
003.03 Supplemental Documents. A filer may be required to submit supplemental documents with the Statement of Election and Assurances pursuant to this Section or Section 007 of this Chapter. If a filer is a legal guardian or educational decisionmaker, supplemenal documents are required to be submitted with the Statement of Election and Assurances form as follows:
003.03A Legal Guardian(s). If the filer is the legal guardian, a copy of the documentation lawfully appointing the filer as legal guardian must be submitted with the Statement of Election and Assurances.
003.03A1 If the guardianship arrangement is changed by a court of law subsequent to the initial filing, a copy of the court order must be provided by the filer.
003.03B Educational Decisionmaker. If the filer is an educational decisionmaker, a copy of the documentation lawfully appointing the filer as an educational decisionmaker must be submitted with the Statement of Election and Assurances.
003.03B1 If the educational decisionmaker arrangement is changed by a court of law subsequent to the initial filing, a copy of the court order must be provided by the filer.
004 Authorized Parent Representative
004.01 Authorized Parent Representative Responsibilities. The parent(s), legal guardian(s), and educational decisionmaker(s) for the children who attend or will attend the exempt school must designate an authorized parent representative. The authorized parent representative must:
004.01A By July 15 of each year the exempt school will be in operation, file with the Commissioner (i) a completed and signed Statement of Election and Assurances for each child who will attend the exempt school; and (ii) a completed, signed, and dated Authorized Parent Representative form.
004.01A1 A parent, legal guardian, or educational decisionmaker for a child who was not a resident of a Nebraska school district as of July 15 of any school year in which the parent, legal guardian, or educational decisionmaker elects to have such child enroll and attend a school established or to be established under this Chapter, must cause the authorized parent representative designated under this Section to promptly file the Statement of Election and Assurances and Authorized Parent Representative form after the child has established a residence in Nebraska.
004.01A2 A parent, legal guardian, or educational decisionmaker for any child about to be or presently enrolled in an approved or accredited Nebraska school, who, after July 15, electsto have such child enroll and attend a school established or to be established under this Chapter, must cause the authorized parent representative designated under Section 004.01 of this Chapter to promptly file a Statement of Election and Assurances and Authorized Parent Representative form.
004.01B Additional enrollment(s) during the school year: The authorized parent representative must promptly submit to the Commissioner a Statement of Election and Assurances form from a parent, legal guardian, or educational decisionmaker for each additional enrollment and any additional documentation specified in this Chapter for additional enrollment(s) during the school year.
004.01C Discontinuation of enrollment during the school year: The authorized parent representative must promptly inform the Commissioner in writing, by mail or electronically, if any child discontinues enrollment during the school year pursuant to Section 008 of this Chapter.
004.01D Change of authorized parent representative during the school year: The parent(s), legal guardian(s), or educational decisionmaker(s) must designate a new authorized parent representative who must promptly submit a new Authorized Parent Representative form if the authorized parent representative changes during the school year.
004.01E Address change(s) during the school year: The authorized parent representative must promptly notify the Commissioner in writing, by mail or electronically, if the address of a parent, legal guardian, educational decisionmaker, authorized parent representative, or exempt school changes during the school year.
004.02 Authorized Parent Representative Form. The Parent Representative Authorization form is available from the Exempt School Office or on the Exempt School Office website and must be completed, signed, dated, and filed with the Commissioner by the authorized parent representative for each exempt school. The required information on the form is limited to:
004.02A The name, address, and contact information for the authorized parent representative;
004.02B The name, address and contact information for the exempt school;
004.02C Assurances that the authorized parent representative accepts the appointment and agrees to carry out the duties of an authorized parent representative pursuant to Neb. Rev. Stat. § 79-1601 and this Chapter; and
004.02D The signature of the authorized parent representative and the date such authorization was signed.
005 Notice of Acknowledgment . Upon receipt by the Commissioner of a properly completed and signed Statement of Election and Assurances for each child enrolled in an exempt school and a properly completed and signed Authorized Parent Representative form, the election to operate an exempt school is effective, and the Commissioner will direct that a notice acknowledging such receipt be sent, either electronically or by mail, to the authorized parent representative and reported to each school district where a child attending such exempt school resides.
006 Failure to Provide Information or Meet Requirements . Failure of the authorized parent representative to provide the information required by this Chapter, or failure to meet any of the other requirements of this Chapter, may cause the Commissioner to direct that a notice be sent, either electronically or by mail, to the authorized parent representative, any parent, legal guardian, or educational decisionmaker for a child enrolled in such school, and the school district in which any such child resides. Any such notice must state that the school has not met the requirements of this Chapter and therefore will not be deemed an exempt school for purposes of Neb. Rev. Stat. § 79-201, which may subject a person who has legal or actual charge or control of such child to prosecution thereunder or under any other statutes relating to mandatory attendance.
007 Birth Certificate . Pursuant to subsection (3) of Neb. Rev. Stat. § 43-2007 (part of the Missing Children Identification Act), upon enrollment of a child in an exempt school, the parent or legal guardian of such child must provide to the Commissioner either (a) a certified copy of the child’s birth certificate or (b) other reliable proof of the child’s identity and age accompanied by an affidavit explaining the inability to produce a copy of the birth certificate. Upon failure of the parent or legal guardian to comply, the Commissioner must notify such parent or legal guardian in writing that unless he or she complies within ten days the matter must be referred to the local law enforcement agency for investigation. If compliance is not obtained within such ten-day period, the Commissioner must immediately report such matter.
008 Completion of the Program of Instruction and Withdrawal From an Exempt School .
008.01 Completion of the Program of Instruction: A parent, legal guardian, or educational decisionmaker for a child enrolled in an exempt school who is less than eighteen (18) years of age and who has completed the program of instruction offered by such exempt school may complete, sign, and date a Report of Completion. The authorized parent representative must file any Report of Completion for a student enrolled in the exempt school with the Commissioner. The Report of Completion form is available from the Exempt School Program Office or on the Exempt School Program Office website. Upon receipt of the properly completed, signed, and dated form, the Commissioner will direct that an acknowledgment of such receipt be sent within 30 days, either electronically or by mail, to the parent, legal guardian, or educational decisionmaker and that such receipt be reported to the school district where the child resides to indicate that the child is no longer subject to mandatory attendance requirements effective as of the date the Commissioner received the form.
008.02 Withdrawal From an Exempt School: A person who has legal or actual charge or control of a child enrolled in an exempt school who is at least sixteen (16) years of age, but is less than eighteen (18) years of age, and who has not completed the program of instruction offered by such exempt school may withdraw such child from such school by completing, signing, and dating a Withdrawal From Exempt School form. The authorized parent representative must file any Withdrawal From Exempt School form for a student enrolled in the exempt school with the Commissioner pursuant to subsection (6) of Neb. Rev. Stat. § 79-202. The Withdrawal From Exempt School form is available from the Exempt School Program Office or on the Exempt School Program Office website. Upon receipt of the properly completed, signed, and dated form, the Commissioner will direct that an acknowledgment of such receipt be sent within 30 days, either electronically or by mail, to the person who has legal or actual charge or control of such child and that such receipt be reported to the school district where such child resides to indicate that the child is exempt from mandatory attendance requirements effective as of the date the Commissioner received the form. Completion of a Withdrawal From Exempt School form is not required for any child who is enrolling in another school.
History
- Effective 2026-06-28
Chapter 14 Regulations and Procedures for the Legal Operation of Approved Nonpublic Schools
Neb. Admin. Code tit. 92, ch. 14 Regulations and Procedures for the Legal Operation of Approved Nonpublic Schools {#sec-92-nac-14 omnilex-key=us-ne-regs-official--title-92--92 NAC 14}
001 General Provisions
001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-305, 79-318, 79-703, and 79-1601.
001.02 Approval of School Systems. Nonpublic Schools will be classified as approved if they meet all of the requirements of this Chapter. Each private and parochial school in Nebraska that provide elementary, middle, or secondary instruction to children of compulsory attendance age is required to be approved under the provisions of this Chapter, unless the school is part of a school system accredited under Title 92, Nebraska Administrative Code (NAC), Chapter10 or is exempt under the provisions of 92 NAC 13.
001.03 Related Regulations. Provisions regarding teacher certification and endorsement are contained in 92 NAC 21 and 92 NAC 24.
001.04 Implementation of this Chapter. This Chapter will initially be used during the 2023-24 school year to determine future approval status.
002 Definitions . As used in this Chapter:
002.01 Board means the State Board of Education.
002.02 Commissioner means the State Commissioner of Education.
002.03 Core Curriculum means a curriculum which includes language arts, social science, science, mathematics, career and technical education, world languages, visual and performing arts, and personal health and physical education.
002.04 Course means a particular subject, subject area, or defined sequence of learning experiences scheduled during the school day with a certificated teacher assigned and with one or more students enrolled and in attendance.
002.05 Department means the State Department of Education, which is comprised of the Board and the Commissioner.
002.06 Elementary Grades means those grades designated by the school system as elementary, but not to include any above grade eight.
002.07 Governing Body means a board elected or appointed to provide direction to a nonpublic school or to a nonpublic school system, or an individual or corporate owner
002.08 High School Grades means grades 9 through 12 in a school system organized with a four-year high school and grades 10 through 12 in a school system organized with a three-year high school. Schools organized as a three-year high school may include the ninth grade in determining compliance with this Chapter.
002.09 Instructional Unit means 15 clock hours (900 minutes) of classroom instruction in a course offered in the secondary school. As an example, a course which meets for 50 minutes a day for 180 days generates 10 instructional units. Instructional units should be computed to the nearest one-tenth.
002.10 Middle Grades means grades designated by the school system as middle and may include any grades from four through nine. The middle grades typically include at least grades seven and eight. Common middle grade configurations are grades six through eight or grades seven through nine.
002.11 School means an individual attendance center within a school system which provides either elementary, middle, secondary, or high school education.
002.12 School System means a school or group of schools under a governing body organized to provide education in elementary, middle, secondary, or high school grades as provided in this Chapter.
002.13 Secondary Grades means those grades designated by the school system as secondary, but not to include any below grade seven.
002.14 Teach has the same meaning as in Neb. Rev. Stat. § 79-101.
003 Procedures for Approval
003.01 Application for Initial Approval. A governing body seeking approval or seeking to add grades to a previously approved school must make application on forms supplied by the Department. The completed application forms must be received by the Department no later than May 1 prior to the start of the school year.
003.02 Recommendation by the Commissioner. If it is determined through visitation and/or reporting that the applicant school can comply with the provisions of this Chapter, a recommendation by the Commissioner will be made to the Board that the applicant school be granted conditional approval.
003.03 Action by the Board and Subsequent Reports. Upon favorable action by the Board, the applicant school will be granted conditional approval for one school year.
003.04 Visitation. Applicant schools must be visited during the school year by a representative of the Department or a designated superintendent to determine the school’s compliance with the provisions of this Chapter.
003.05 Noncompliance. If it is determined by the Commissioner that a school has failed to comply with the provisions of this Chapter at any time during the year of conditional approval, such failure will be just cause following notice to initiate proceedings before the Board to immediately terminate the conditional approval.
003.06 Duration of Approval. Continued approval is granted for one school year from each July 1 through the following June 30. Renewal is granted based upon the school’s compliance with this Chapter during the prior school year. As detailed in this Chapter, failure to comply with mandatory standards in Section 004.01 of this Chapter may cause a school or school system to lose its approval during the school year.
003.07 School Site Review. The State Department of Education staff must conduct periodic on-site visits to schools to review and determine compliance with the provisions of this Chapter.
004 Requirements for All Schools
004.01 Mandatory Requirements for Legal Operation. To be eligible for approval or to continue as an approved school or school system, the following requirements must be met when applicable. Failure to comply with Sections 004.01A through 004.01G1 of this Chapter will be just cause for the Commissioner to initiate proceedings before the Board to terminate approval and end legal operation during the school year.
004.01A Teachers. The school must use only persons certificated pursuant to 92 NAC 21 to teach. Persons conducting religion or prekindergarten classes which are not counted as a part of the nonpublic school’s courses for purposes of complying with the requirements of this Chapter are excluded from this requirement.
004.01B Grade Levels. The school must operate, offer instruction in, and give credit in only the grades for which the school is approved.
004.01C Required Instruction. Instruction in English, mathematics, science, and social studies must be provided each school year for all grades.
004.01D Graduation Requirements. Each high school must require from grades nine through twelve at least 200 credit hours for graduation, for which at least 80 percent must be from the core curriculum. The number of credit hours given for a course may be less than the number of instructional units and may be increased up to 25 percent above the number of instructional units.
004.01E School Year. Each school must provide at least the following instruction annually between July 1 and June 30 for the grades it offers: (a) for grades through eight, the time equivalent to at least 1,032 hours, (b) for grades nine through twelve, the time equivalent to at least 1,080 hours, and (c) if kindergarten is provided, the time equivalent to at least 400 hours. When a school is dismissed for any reason such as tournaments or contests, parent/teacher conferences, funerals, parades, and school picnics, such time may not be counted in meeting the 400/1,032/1,080 hour school year requirement. Time scheduled for the school lunch period may not be counted in meeting the school year requirements.
004.01F Assurance Statement. Each school or school system must, by November 1 of each year, submit to the Department an Assurance Statement, as prescribed by the Department, signed by a representative of the governing body affirming compliance or specifically noting any noncompliance with the regulations contained in this Chapter.
004.01G Reports. The head administrator, or head teacher, or presiding officer of the governing body of each school must submit each school year a Fall Personnel Report on or before September 15 and a Curriculum Report on or before the last day of February to the Department electronically via the Department’s reporting system.
004.01G1 Additions of certificated staff after submission of the Fall Personnel Report must be reported to the Department at the time of contracting.
004.02 The School and School System. Regulations contained in this section apply to all approved schools.
004.02A School Policies
004.02A The governing body annually updates a written set of policies based upon the purposes and goals of the school or school system. This document is on file in each school building.
004.02A2 The school has a written policy which describes the 1,080 hour instructional program scheduled for high school students and the 1,032 hour instructional program scheduled for elementary students and, if provided, the 400 hour instructional program for kindergarten students. The policy(ies) or regulations stipulate the conditions for which individual students may be excused from the regular school days.
004.02B The Instructional Program
004.02B1 The instructional program of the school is based on a written statement of purposes and/or goals developed at the local level and approved by the local board of education or governing body. This document is on file in each school building and each certificated staff member is provided a copy.
004.02B2 The school has written guides or frameworks for each core curriculum area and for the library and guidance programs. The guide in each core curriculum area addresses, as appropriate, instruction in written composition.
004.02B3 The school ensures its teachers arrange and present instruction in the manner specified in Neb. Rev. Stat. § 79-725 to promote and develop an upright and desirable citizenry.
004.02B4 The school provides a comprehensive cumulative record of attendance, academic progress, and dates of enrollment in and withdrawal from the school for each student enrolled.
004.02B5 No student in grades seven or eight participates in interscholastic athletic contests between schools within a school system or between school systems which exceed six games in football, fourteen matches in volleyball, twelve games in basketball, eight meets in wrestling, eight meets in track and field, and eight contests in all other activities. Contest limits must be based upon the total number of contests played. Each game, match, or meet played in a tournament setting must count as one of the contests permitted within these contest limits. Pupils in kindergarten through sixth grade do not participate in any kinds of athletic contests between schools within a school system or between school systems, except that nonpublic elementary school systems having seventh and eighth grade athletics may include sixth grade boys or girls when combined enrollment for seventh and eighth grade becomes fewer than 12 boys or 12 girls and if the local governing body has a policy regulating participation for sixth graders. Annual field or play days are excluded from this regulation.
004.02C Number, Preparation, and Assignment of Staff Members
004.02C1 Each K-12 and each secondary school having grades ten through twelve or high school has a head administrator who holds a Nebraska Administrative Certificate issued pursuant to 92 NAC 21 with an endorsement for serving as a superintendent issued pursuant to 92 NAC 24. Nonpublic schools may share an area or diocesan head administrator.
004.02C2 Any person employed in an administrative or supervisory capacity in addition to the head administrator holds a Nebraska Administrative Certificate with an appropriate endorsement for the position held.
004.02C3 A copy of the certificate or permit of each staff member who is required to have a certificate is on file in the school or school system’s administrative office.
004.02C4 The ratio of pupils to certificated staff members computed on a full-time equivalency basis in each school does not exceed 30 to 1.
004.02C5 Each teacher participates in at least ten hours of staff development activities each year.
004.02D Materials and Facilities
004.02D1 Each school has a library media area(s) which is available to students during the entire school day. All library media resources are properly cataloged, marked, and shelved according to a standard classification system. Each elementary school has at least one set of encyclopedias which has a copyright date within six years of the current school year. Each secondary school has two sets of encyclopedia from different publishers with copyright dates in the past five years. Required encyclopedia may be in print or electronic format.
004.02D2 Each elementary, middle, and high school acquires a minimum of 25 new library media resources, exclusive of textbooks and encyclopedia, of different titles, per teacher per year, up to 150 titles during one year. The minimum full text hard copy titles is 100 if library media resources are also available through electronic format.
004.02D3 Each middle and high school subscribes to at least ten periodicals listed in the guide or index to periodicals used by the school. At least six are hard copy. The remainder may be obtained through electronic format.
004.02D4 Each school maintains safe, healthful, and sanitary conditions within the school building(s) and on the school grounds and meets fire, safety, and health codes.
004.02E School System Performance: Evaluation and Improvement
004.02E1 Each school annually prepares a written report which includes but need not be limited to student performance and school demographics. No public reports of student performance are provided for any grades having fewer than five students.
004.02E2 Each school selects and uses a standardized norm-referenced assessment instrument. Whole grade assessment begins no earlier than grade two and assessment is conducted annually in at least one grade in each of the following three levels: grades 4-6; grades 7-9; grades 10-12.
004.02E3 Each school uses criterion referenced assessment data, beginning at least in grade five, to determine acquisition of competencies in reading, writing, and mathematics. The assessment is based upon local checklists or benchmarks of progress, portfolio collections showing student progress, or other criterion-referenced measures.
004.02E4 At least once every three years, each high school conducts a follow-up study of its graduates.
005 Regulations Pertaining to the Elementary School
005.01 The Elementary Instructional Program. The elementary school has on file a representative weekly schedule for each classroom teacher encompassing experiences in the following subject areas:
005.01A Reading and Language Arts;
005.01B Mathematics;
005.01C Social Studies, including instruction required pursuant to Neb. Rev. Stat. § 79-724;
005.01D Science/Health;
005.01E Physical Education;
005.01F Art; and
005.01G Music.
005.02 Number, Preparation, and Assignment of Elementary Staff
005.02A Computed on a full-time equivalency basis, a minimum of 90 percent of the teachers in the elementary grades are assigned to areas for which they hold certificates having appropriate endorsements pursuant to 92 NAC 24.
005.02B An elementary school having more than one and less than ten full-time equivalency teachers has a principal or designates one teacher as head teacher. The head teacher holds at least a Nebraska Initial, Standard, or Professional Teaching Certificate issued pursuant to 92 NAC 21 with an appropriate endorsement for elementary education issued pursuant to 92 NAC 24. The principal holds a Nebraska Standard or Professional Administrative Certificate issued pursuant to 92 NAC 21 with an endorsement for principal or superintendent issued pursuant to 92 NAC 24. When the number of full-time equivalency teachers reaches ten or more, a principal holding a Nebraska Standard or Professional Administrative Certificate issued pursuant to 92 NAC 21 with an endorsement for principal or superintendent issued pursuant to 92 NAC 24 is assigned at least one-half time for administration and supervision.
005.02C Two or more schools may jointly contract with a person holding a Nebraska Standard or Professional Administrative Certificate with an endorsement for principal or superintendent.
006 Regulations Pertaining to the Middle Grades School
006.01 The middle grades instructional program. Instruction may be provided through separate courses, integrated blocks of time, or through exploratory programs. The program in the middle grades includes instruction for each grade each year in the following subject areas:
006.01A Reading and Language Arts;
006.01B Mathematics;
006.01C Social Studies, including instruction required pursuant to Neb. Rev. Stat. § 79-724;
006.01D Science;
006.01E Health;
006.01F Art;
006.01G Music; and
006.01H Physical Education. Practice for and participation in interscholastic activities cannot substitute for any part of physical education.
006.02 Number, Preparation, and Assignment of Middle Grades Staff
006.02A Computed on a full-time equivalency basis, a minimum of 80 percent of the teachers in the middle grades are assigned to areas for which they hold one of the following endorsements or meet the provisions of subsections 006.02A1a or 006.02A4 of this Chapter.
006.02A1 In grades seven and eight, any middle grades endorsement or an appropriate secondary endorsement.
006.02A1a Teachers holding an elementary endorsement may teach in grades seven and eight if they acquire six credit hours per year toward the middle grades endorsement or participate in staff development in accordance with a local mission and plan for education of middle grade students.
006.02A2 In grades four through six, an elementary endorsement or any middle grades endorsement.
006.02A2a Teachers holding a content area endorsement at the secondary level may teach grade six in that content area if they acquire six credit hours per year toward the elementary or middle grades endorsement or participate annually in staff development in accordance with a local mission and plan for education of middle grade students.
006.02A3 In grade nine, an appropriate secondary endorsement or any middle grades endorsement.
006.02A4 Teachers not holding an appropriate endorsement may be assigned to the middle grades if they acquire six credit hours per year toward a middle grades endorsement.
006.02A5 Secondary teachers assigned to integrated courses or curriculum in grades seven through nine are considered appropriately endorsed if they hold an endorsement for any of the subjects or fields included in the course.
006.02B A middle grades school having more than one and less than ten full-time equivalency teachers has a principal or designates one teacher as head teacher. The head teacher holds a least a Nebraska Initial, Standard, or Professional Teaching Certificate issued pursuant to 92 NAC 21 with an endorsement for principal or superintendent issued pursuant to 92 NAC 24. The principal holds a Nebraska Standard or Professional Administrative Certificate issued pursuant to 92 NAC 21 with an endorsement for principal or superintendent issued pursuant to 92 NAC 24. When the number of full-time equivalency teachers reaches ten or more, a principal holding a Nebraska Standard or Professional Administrative Certificate issued pursuant to 92 NAC 21 with an endorsement for principal or superintendent issued pursuant to 92 NAC 24 is assigned at least one-half time for administration and supervision.
006.02C Two or more middle grades schools may jointly contract with a person holding a Nebraska Standard or Professional Administrative Certificate with an endorsement for principal or superintendent.
007 Regulations Pertaining to the Secondary School
007.01 The Secondary Instructional Program
007.01A Required High School Program. The high school program consists of courses totaling at least 200 instructional units of which at least 100 instructional units are taught by certificated teachers employed by the school. Up to a total of 100 instructional units may be provided through one or more of the following:
007.01A1 Cooperative Arrangements. Instructional units provided through contractual or cooperative arrangements with other schools, educational service units, and/or postsecondary institutions may be counted in meeting a portion of the instructional unit requirement provided the courses are taught by properly certificated teachers and are made available to all eligible students. The course(s) must be shown on the high school class schedule if the courses are to be counted toward compliance with this regulation. A copy of the written agreement with the cooperation school/agency must be on file in the school.
007.01A1a Distance Learning. Up to 60 instructional units of the 200 unit instructional program requirement of the high school may be met through the use of courses presented primarily through one or more forms of distance learning technology such as satellite, regional course sharing, or other audio-video distance learning, provided: (a) each course is shown on the high school class schedule, (b) at least one student is enrolled and participating in each course to be counted, and, (c) each student enrolled in a course is assigned to a local certificated teacher who monitors student progress and general appropriateness of the course. The teacher is present in the classroom while instruction is in progress unless:
007.01A1a1 The off-site teacher holds a valid teaching certificate and a para-professional is present in the classroom, or
007.01A1a2 The off-site teacher holds a Nebraska teaching certificate, maintains two-way audio and video communication with the distance learning classroom, and has a direct telephone connection with a supervising adult in the school.
007.01A2 Correspondence Courses. Up to 30 instructional units of the instructional program requirement of the high school may be met through the use of correspondence courses available through the Independent Study High School, University of Nebraska-Lincoln, provided: (a) the courses are made available to all students at the school’s expense, (b) at least one high school student is enrolled in each course used towards compliance with the instructional program requirement, (c) a correspondence study class is scheduled each day that school is in session with a certificated teacher present (one teacher may supervise several correspondence courses within a single class period), (d) students are required to attend the scheduled classes, and (e) a statement indicating the name of the course, the number of hours to be completed, and the name of the students enrolled is on file in the school system. The class assigned for the correspondence work must be shown on the high school class schedule.
007.01B A school adding high school grades provides at least one-fourth of the total instructional unit requirement and one-fourth of the individual subject matter requirements for each grade that it offers.
007.01C The instructional program in grades 9-12 includes as a minimum the following subject fields and the number of instructional units shown for each:
007.01C1 Language Arts – 40 instructional units. Schools may include world language in meeting this requirement;
007.01C2 Social Science – 30 instructional units. This must include instruction required pursuant to Neb. Rev. Stat. § 79-724;
007.01C3 Mathematics – 20 instructional units;
007.01C4 Science – 20 instructional units. This includes courses each year in the biological and the physical sciences;
007.01C5 Career and Technical Education – 40 instructional units;
007.01C6 Personal Health and Physical Education – 10 instructional units. Practice for and participation in interscholastic athletic activities cannot substitute for any part of the personal health and physical education requirement; and
007.01C7 Visual and Performing Arts – 5 instructional units in music and 5 in art.
007.01D Secondary schools including grades seven and eight provide instruction in the following subject areas in each grade during each school year: Reading, Language Arts, Social Science, Mathematics, Science, Personal Health and Physical Education, Music, and Art. Computer education is integrated in the instructional program. Practice for and participation in interscholastic activities are not accepted as a substitute for any part of this requirement.
007.02 Number, Preparation, and Assignment of Secondary Staff
007.02A A minimum of 70 percent of the units offered in secondary grades during the regular school term are assigned to teachers who hold certificates having appropriate endorsements issued pursuant to 92 NAC 24. If 92 NAC 24 does not provide an endorsement designated for a particular course or subject area, any teacher holding a regular certificate may instruct such course without penalty to the school system. Teachers holding a subject endorsement are considered appropriately endorsed for any other subject within the broad field if they are acquiring six credit hours per year toward the subject endorsement or the broad field endorsement.
007.02B Each secondary school has a principal assigned who holds a Nebraska Administrative and Supervisory Certificate with an endorsement for serving as a secondary principal or for superintendent. When the number of full-time equivalency teachers reaches 10 or more, the principal is assigned at least one-half time for administration and supervision. The principal is assigned full-time for administration and supervision when the number of full-time equivalency teachers reaches 20 or more.
008 Loss of Approval
Section 004 of this Chapter lists requirements that must be met at all times by school systems as a condition of approval. Failure to meet the provisions of Section 004 may result in the Board terminating the legal operation of the school system during the school year. Noncompliance with other regulations in this Chapter will result in the assessment of violations which, if not corrected, will result in a recommendation to the Board for probation or loss of approval.
008.01 Violations. In determining the future approval status of a school, each failure to meet a numbered regulation other than those contained in Section 004 of this Chapter will constitute a separate violation.
008.02 Reporting Violations. A school must report any existing violations to the Department on its annual Statement of Assurance.
008.03 Correction of Violations. Schools will have until February 1 to correct violations or to prepare a written plan for correction of a violation that existed at the time of submission of the Statement of Assurance. Written evidence of the correction of the violations or a written plan developed in accordance with Section 008.03A of this Chapter must be submitted to the Department.
008.03A Schools having an uncorrected violation may submit a written plan to the Department by February 1 for correcting the violation before the following school year. Such plans may be approved by the Board if evidence provided indicates that the violation occurred after August 1, and the violation could not reasonably be corrected immediately before or during the current school year. Written evidence of the correction must be submitted to the Department by the following September 1.
008.04 Effect of Violations on Nonpublic Schools. If, after consultation with school officials, the Commissioner determines that approved nonpublic school systems have any uncorrected violations, the Commissioner must make the applicable following recommendations to the Board.
008.04A AN APPROVED NONPUBLIC SCHOOL SYSTEM having an uncorrected violation that applies to approved school systems and no written plan under Section 008.03A of this Chapter must be recommended for APPROVAL ON PROBATION for the following year.
008.04B An APPROVED NONPUBLIC SCHOOL SYSTEM having a plan under Section 008.03A of this Chapter and having the same uncorrected violation after September 1 of any requirement that applies to approved school systems must be recommended for APPROVAL ON PROBATION for the current year.
008.04C An APPROVED NONPUBIC SCHOOL SYSTEM ON PROBATION continuing to have the same uncorrected violation after February 1 must be recommended for NONAPPROVAL for the following school year.
008.05 Provisions for Notice and Hearing
008.05A When the Commissioner makes a recommendation to the Board for a school system to be placed on probation or for denial or revocation of approval, notice of the recommendation and of the right to request a hearing must be given to the school system by certified mail sent at least 30 calendar days prior to the date of the Board meeting at which the recommendation is to be considered. Copies will be sent to the superintendent, head administrator, or head teacher of the school system, and to the presiding officer of the governing body, if known. This notice must specify the basis for the recommendation.
008.05B If the school system notifies the Commissioner at least seven days prior to the date the recommendation is to be considered by the Board that it requests a hearing, the Board must schedule a hearing date.
008.05C All hearings arising under this Chapter must be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence. Any action taken or recommended by the Commissioner adverse to the school system may be the subject of a petition by such school system under 92 NAC 61, in which case all the provisions of 92 NAC 61 must apply to such appeal.
008.06 Action by the Board. Upon review of the Commissioner’s recommendation, and following any hearing, the Board must make a determination of the future approval status of the system and must inform the system in writing of its determination.
History
- Effective 2024-06-02
Chapter 15 Regulations and Procedures for English Learner Programs in Nebraska Public Schools
Neb. Admin. Code tit. 92, ch. 15 Regulations and Procedures for English Learner Programs in Nebraska Public Schools {#sec-92-nac-15 omnilex-key=us-ne-regs-official--title-92--92 NAC 15}
001 General Provisions .
001.01 Statutory Authority. This Chapter is adopted pursuant to Sections 79-305, 79-318, 79-703 of the Revised Statutes of Nebraska and 20 U.S.C. §6311.
001.02 Scope and Application of this Chapter. This Chapter contains provisions related to the education of English learners in public schools in grades kindergarten through twelve. This Chapter applies to all accredited public school districts in Nebraska. All of the statements herein, with the exception of the Quality Indicators, are requirements of school districts. Quality Indicators may be used by school districts to help in designing local programs for English learners.
001.03 Purpose. The goal of this Chapter is to enable each English learner to become English proficient in listening, speaking, reading, and writing.
001.04 Implementation of this Chapter. This Chapter will be used in conjunction with 92 NAC 10 (NDE Rule 10) to determine future accreditation status for school districts.
001.05 Related Regulations. The requirements for the accreditation of public school districts are contained in 92 NAC 10. The requirements for teacher certification are contained in 92 NAC 21. The requirements for endorsements on teaching certificates are contained in 92 NAC 24.
002 Definitions as Used in this Chapter .
002.01 Language instruction educational program means an instructional program designed to assist an English learner in developing and attaining English proficiency while meeting state academic standards. It may make use of both English and a student’s native language to enable the student to develop and attain English proficiency, and may include, but is not limited to, the participation of English proficient students if the course is designed to enable all participating students to become proficient in English and a second language.
002.02 English learner (EL): The term ‘English learner,’ when used in this Chapter with respect to a student, means a student:
002.02A Who is enrolled or preparing to enroll in an elementary school or secondary school;
002.02B Who falls into at least one of the following categories:
002.02B1 Who was not born in the United States or whose native language is a language other than English;
002.02B2 Who is a Native American or Alaska Native, or a native resident of the outlying areas and who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
002.02B3 Who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
002.02C Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual at least one of the following:
002.02C1 The ability to meet the challenging State academic standards adopted pursuant to 20 U.S.C. §6311(b);
002.02C2 The ability to successfully achieve in classrooms where the language of instruction is English; or
002.02C3 The opportunity to participate fully in society.
002.03 Native language when used with reference to a student of limited English proficiency, means
002.03A the language normally used by such student; or
002.03B the language normally used by the parents of the student.
003 Identification of English learners .
Quality Indicator: A home language survey and a valid and reliable English language proficiency assessment are administered by school district personnel. As a result, districts can appropriately identify and place students in a language instruction educational program so that all students have an equal opportunity to achieve academically, regardless of the student’s native language. Timely parental notification allows parents to make an informed decision regarding student program placement.
003.01 Each school district shall administer a home language survey to be completed by the student’s parent, guardian, or other person enrolling the student as part of the admission process for all kindergarten students and for all other students new to the district. A student who is emancipated or who has reached the age of majority and who is enrolling himself or herself may complete the survey instead. A sample survey is contained in Appendix A of this Chapter. The survey shall ask the following questions:
003.01A What language did the student first learn to speak?
003.01B What language is spoken most often by the student?
003.01C What language is primarily used in the student’s home regardless of the language spoken by the student?
003.02 If an answer to any one of the home language survey questions in Subsections 003.01A to 003.01C indicates that a student speaks a language other than English, the school district shall administer an English language proficiency assessment to the student in order to determine if the student may be an English learner. The assessment shall assess listening, speaking, reading, and writing. The district shall determine the assessment to be valid and reliable in measuring English language acquisition. The English language proficiency assessment shall yield composite scores or levels that indicate whether the student is proficient or not proficient in English, as defined by the assessment instrument.
003.03 If the home language survey indicates that the student has a home language other than English and the student has a composite score or level on the English language proficiency assessment indicating that the student is not proficient in English, the student shall be determined by the school district to have met the definition of an English learner in Subsection 002.02 of this Chapter.
003.04 On an annual basis, the school district shall notify the parent, or guardian, or other person enrolling the student within thirty (30) calendar days after the beginning of the fall term or within the first two (2) weeks of enrollment if the student was not enrolled at the beginning of the fall term, that the student qualifies for services as an English learner.
003.05 If a student has been identified as an English learner in his or her previous Nebraska school district and has not met the exit requirements in Section 007 of this Chapter, the enrolling school district shall continue to identify the student as EL. The school district shall not be required to administer an English language proficiency assessment upon enrollment. The school district shall obtain documentation of the previous EL determination in order to provide timely notification consistent with provisions in this Chapter.
004 Language Instruction Educational Programs .
Quality Indicator: Language instruction educational programs assist all English learners in acquiring the English language to successfully participate in classrooms where the language of instruction is English. The language instruction educational program is effective and values the cultural and linguistic diversity of the student.
004.01 For each student who is determined to be an English learner pursuant to Subsection 003.03 of this Chapter or who is otherwise determined by the school district to meet the definition of English learner in Subsection 002.02 of this Chapter, the district shall implement a language instruction educational program that meets the following requirements:
004.01A Is designed to provide a systematic approach to teaching the English language to English learners;
004.01B Is educationally sound in theory and effective in practice as recognized by experts in the field of language acquisition;
004.01C Is designed to help English learners increase English proficiency and meet academic standards; and
004.01D Is designed to allow for meaningful access to programs and activities that are available to all students including, if appropriate, special education.
005 Staffing .
Quality Indicator: A comprehensive language instruction educational program assists students in developing literacy and proficiency in the English language. Such programs are directed and taught by professional staff with an appropriate endorsement in English as a Second Language. Ongoing professional development is designed to assist teachers in learning strategies to meet the language and content needs of English learners.
005.01 Each school district shall ensure that all teachers of language instruction educational programs possess valid Nebraska teaching certificates. In addition, the school district shall ensure that each teacher(s) specifically responsible for the English language instruction of English learners regardless of the program model:
005.01A Shall hold an endorsement or a provisional endorsement in English as a Second Language; or
005.01B Shall participate annually in professional development designed to teach skills and strategies for meeting the language and academic needs of the English learners he or she teaches.
005.02 Pursuant to Neb. Rev. Stat. §79-802(3), teacher aides may be assigned duties in connection with English learners that are nonteaching in nature if the employing school district has assured itself that the aides have been specifically prepared for such duties, including the handling of emergency situations which might arise in the course of their work. A teacher aide shall not teach, as defined in Neb. Rev. Stat. §79-101(12).
006 Standards, Assessments and Accommodations for English Learners .
Quality Indicator: All English learners have access to Nebraska standards and participate in the state language proficiency and content assessments so that each student has the opportunity to demonstrate mastery of learning. As a result, parents and school staff address the academic and language needs of the student. The district provides appropriate accommodations to ensure meaningful participation in the assessments.
006.01 Each school district shall ensure that all English learners have meaningful access to academic content standards and participate in the assessments required by Section 005 of 92 NAC 10. Each school district shall provide appropriate linguistic accommodations for English learners participating in the assessments.
006.02 Each school district shall ensure that all English learners have meaningful access to the state’s English language proficiency standards and participate in the annual state English language proficiency assessment.
006.03 Each school district shall ensure that all English learners with disabilities be provided with appropriate linguistic accommodations as well as any accommodations as documented in the Individual Education Plan (IEP) or 504 Plan.
007 Exit Requirements .
Quality Indicator: Exit criteria are established to determine that the English learner has attained English language proficiency in speaking, reading, writing, and understanding at a level sufficient to participate successfully in the classroom.
007.01 Each school district shall require a student in grades K-12 to receive a score of proficient on the annual state English language proficiency assessment to exit the language instruction educational program.
008 Language Instruction Program Review .
Quality Indicator: The language instruction program review process focuses on improving student learning. The process includes an annual review by a designated school district team who provides input to the district superintendent in order to guide the planning, implementation, evaluation and modifications of the district’s language instruction educational program.
008.01 The school district shall conduct an annual review of the school district’s program(s) for English learners and issue an annual report. This review shall be conducted by a designated team of staff. The review may be conducted as part of the district’s school improvement process adopted pursuant to Section 009 of 92 NAC 10. The review and report shall include the following:
008.01A An examination of the program implementation practices, including the process for identifying English learners, the implementation of the language instruction educational programs, staffing, standards, assessments, and accommodations and the exit requirements.
008.01B An analysis of data including performance on the annual English language proficiency assessment and performance on state content assessments. Other assessment data may be included.
008.01C An analysis of additional district, school, and program data; which shall include graduation rates, drop-out rates, and years spent receiving language services; and which may include participation in extra-curricular programs, activities, and other relevant data.
008.02 The school district shall monitor the academic progress of former English learners for at least four (4) years to compare their academic performance to non EL students.
008.03 The school district shall make modifications to its language instruction educational program based on the review of the program implementation practices and data analysis when necessary in the judgment of the district to assist students in overcoming any language barriers in order to participate meaningfully in the core curriculum.
008.04 The school district shall ensure that the review team submits the written report of its annual review to the district’s Superintendent. The report shall be kept on file and available to the public, with personally identifiable student information redacted, upon request for so long as the report is retained pursuant to the district’s records retention schedule.
009 Compliance as a Condition for School Accreditation .
009.01 Each school district shall comply with the provisions of this Chapter as a condition for accreditation under 92 NAC 10. Failure of a school district to comply with this Chapter shall be treated as if it were a violation of a provision of 92 NAC 10, and may subject the district to loss of accreditation as provided in that Chapter.
Appendix A: Sample Home Language Survey
Student Name: ___________________________ Birth Date: _____________ Gender: __Male __ Female
Parent/Guardian Name: _________________________________________________________________
Address: _____________________________________________________________________________
Home Telephone: _______________________ Work Telephone: _______________________________
School: _________________________________ Grade: _______ Date: _________________________
What language did your child first learn to speak? ___________________________________________
What language is spoken most often by your child? __________________________________________
What language is primarily used in the student’s home regardless of the language spoken by the
student?
History
- Effective 2025-11-25
Chapter 17 Approval of Alternative Schools, Classes, or Programs for Expelled Students
Neb. Admin. Code tit. 92, ch. 17 Approval of Alternative Schools, Classes, or Programs for Expelled Students {#sec-92-nac-17 omnilex-key=us-ne-regs-official--title-92--92 NAC 17}
001 General Information
001.01 Statutory Authority. This Chapter is adopted pursuant to Section 79-266 of the Revised Statutes of Nebraska which requires that:
"(1) Beginning July 1, 1997, each school district shall have an alternative school, class, or educational program or the procedures of subsection (2) of this section available or in operation for all expelled students. Any two or more school boards may join together in providing alternative schools, classes, or educational programs. Any district may by agreement with another district send its suspended or expelled students to any alternative school, class, or educational program already in operation by such other district. An educational program may include, but shall not be limited to, individually prescribed educational and counseling programs or a community-centered classroom with experiences for the student as an observer or aide in governmental functions, as an on-the-job trainee, or as a participant in specialized tutorial experiences. Such programs shall include an individualized learning program to enable the student to continue academic work for credit toward graduation. The State Department of Education shall adopt and promulgate rules and regulations relating to alternative schools, classes, and educational programs.”
001.02 An alternative school, class, or educational program for expelled students shall be approved if it meets the respective provisions of this Chapter.
001.03 The requirements of this rule are only applicable to alternative schools, classes, or programs provided for expelled students or to procedures provided for expelled students in districts not providing alternative schools, courses or programs.
002 Definitions . As used in this Chapter.
002.01 Board means the State Board of Education.
002.02 Commissioner means the State Commissioner of Education.
002.03 Department means the State Department of Education, which is comprised of the Board and the Commissioner of Education.
002.04 Alternative Schools, Classes, or Programs means that special category of schools, classes, or programs required by law to be provided for expelled students.
002.05 Learning Program means a general program or plan for all expelled students, or an individualized program adapted from a generally offered program, or an individualized program developed by the school and/or designated staff member to assist an expelled student in achieving credit toward graduation.
002.06 School District means public school districts only.
002.07 School Board means the school board or board of education of a public school district.
003 Establishment and General Requirements of Alternative Schools, Classes, or Programs
003.01 Effective July 1, 1997, the school district shall provide an alternative school, class, or program or shall carry out the procedures of Section 79-266 (2) found in Section 005 of this Rule for students who have been expelled.
003.01A The alternative school, class, or program for expelled students may be provided by the district, through a cooperative arrangement of two or more districts, or through an arrangement with an educational service unit.
003.01B Alternative schools, classes, or programs for expelled students may include community-based programs, home-based programs, specialized tutorial experiences, distance-learning, or other programs approved by the local board of education.
003.01C The school, class, or program for expelled students shall enable the student to continue academic work for credit, and shall also include the standard of student behavior and cooperation required of the student to complete the alternative learning program.
003.01D If the student fails to meet any of the conditions of the learning program, the district may, without further obligation, terminate the program after a due process hearing, as required in statutory provisions for suspension and expulsion of students, unless waived by the parent or legal guardian.
003.02 The school district shall have a written policy or plan describing how credit is awarded to students participating in alternative schools, classes, or programs for expelled students.
003.03 The school district shall make known to expelled students what alternative school(s), class(es), or program(s) is (are) available. If the parent or guardian should refuse to participate, the district has no further obligation with regard to provision of an alternative school, class, or program.
003.04 Teachers assigned to an alternative school, class, or program for expelled students being provided on-site by a school district or an educational service unit shall hold a valid Nebraska Teaching or Administrative Certificate issued pursuant to 92 NAC 21. Community-based or other off-site programs shall be planned in cooperation with and monitored or supervised by a school district staff member holding a Nebraska Teaching or Administrative Certificate issued pursuant to 92 NAC 21.
003.05 Alternative schools, classes, or programs for expelled students may be conducted at times other than the regular school day.
004 Reporting Procedures
004.01 Effective with the 1997-98 school year, each school district shall assure, in a manner prescribed by the Department, that the district is in compliance with the requirements of this Chapter.
004.02 Each school district shall annually report, in a manner prescribed by the Department, a description of the circumstances for any expelled student who knowingly and intentionally possessed, used, or transmitted a firearm on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. The report shall include:
004.02A The name of the school concerned.
004.02B The number of students expelled from the school.
004.02C The types of weapons concerned.
004.02D The types of programs to which students have been assigned.
005 Procedures for Districts Not Providing An Alternative School, Class, or Educational Program.
005.01 Statutory Authority. These procedures are adopted pursuant to Section 79-266 (2) of the Revised Statutes of Nebraska which require that:
“(2) If a district does not provide an alternative school, class or educational program for expelled students, the district shall follow the procedures in this subsection prior to expelling a student unless the expulsion was required by subsection (4) of section 79-283:
A conference shall be called by a school administrator and held to assist the district in the development of a plan with the participation of a parent or legal guardian, the student, a school representative, and a representative of either a community organization with a mission of assisting young people or a representative of an agency involved with juvenile justice. The plan shall be in writing and adopted by a school administrator and presented to the student and the parent or legal guardian. The plan shall (a) specify guidelines and consequences for behaviors which have been identified as preventing the student from achieving the desired benefits from the educational opportunities provided, (b) identify educational objectives that must be achieved in order to receive credits toward graduation, (c) specify the financial resources and community programs available to meet both the educational and behavioral objectives identified, and (d) require the student to attend monthly reviews in order to assess the student’s progress toward meeting the specified goals and objectives.”
History
- Effective 1997-12-09
Chapter 18 Interim-Program Schools in County Detention Homes, Institutions, and Juvenile Emergency Shelters
Neb. Admin. Code tit. 92, ch. 18 Interim-Program Schools in County Detention Homes, Institutions, and Juvenile Emergency Shelters {#sec-92-nac-18 omnilex-key=us-ne-regs-official--title-92--92 NAC 18}
001 General Information
001.01 Purpose of this Chapter. The purpose of this rule is to provide a method of approval for Interim-program schools located in or operated by county detention homes, institutions and juvenile emergency shelters. Interim-program schools are schools that are created to ensure continuity of instruction for students who cannot attend public schools for reasons of health or safety while in these temporary residential placements and to insure that such students may receive academic credit from the approved or accredited schools to which they will transfer in order to make continued progress toward grade promotion or graduation. Interim-program schools may alternatively seek accreditation under Chapter 10 or approval under Chapter 14, rather than approval under this Chapter, if they choose.
001.02 Scope and Application of the Chapter. The method of approval in this Chapter is available only to Interim-program schools located in or operated by county detention homes established under Section 43-2,110 R.R.S., or in institutions as defined in Subsection 002.13 of this Chapter, or in juvenile emergency shelters established pursuant to 13-317 R.R.S.
001.03 Statutory Authority. This Chapter is adopted pursuant to Sections 79-318 and 79-1601 of the Revised Statutes of Nebraska (R.R.S.)
001.04 Approval of Interim-program Schools in County Detention Homes, Institutions and Juvenile Emergency Shelters. Interim-program schools located in or operated by county detention homes, institutions, and juvenile emergency shelters will be classified as approved if they meet all of the requirements of this Chapter. All schools located in or operated by county detention homes, institutions and juvenile emergency shelters that provide elementary or secondary instruction to children up to age twenty-one are required to be approved under the provisions of this Chapter or to be accredited under Chapter 10 or to be approved under Chapter 14.
001.05 Related Regulations. Provisions regarding accreditation of schools are contained in 92 NAC 10 (Rule 10). Provisions regarding approval of non-public schools are contained in 92 NAC 14 (Rule 14). Provisions regarding teacher certification and endorsement are contained in 92 NAC 21 (Rule 21) and 92 NAC 24 (Rule 24). Provisions regarding special education provisionally approved service providers are contained in 92 NAC 51 (Rule 51).
001.06 Implementation of this Chapter. This Chapter will initially be used during the 2003-2004 school year to determine future approval status.
002 Definitions . As used in this Chapter:
002.01 Academic Advancement Plan means an individualized student plan of expected academic achievement in regular education that permits students to earn credit or to make academic advancement toward grade level promotion or graduation, and that is created for each student by the Interim-program school in consultation with the approved or accredited school to which the student in temporary residence shall return or transfer.
002.02 Board means the State Board of Education.
002.03 Commissioner means the State Commissioner of Education.
002.04 Compulsory Attendance. Except as provided in 79-202 R.R.S., every person residing in a school district within the State of Nebraska who has legal or actual charge or control of any child not less than seven years of age and not more than sixteen years of age shall cause such child to attend regularly the public, private, denominational, or parochial day schools which meet the requirements for legal operation prescribed in Chapter 79 each day that such schools are open and in session, except when excused by school authorities, unless such child has graduated from high school.
002.05 County Detention Home means a detention home in connection with the juvenile courts of this state established and maintained by the county boards of the counties of Nebraska pursuant to 43-2,110 R.R.S. that provides regular or special education services with a special education rate approved by the Department.
002.06 Course means a particular subject, subject area, or defined sequence of learning experiences scheduled during a school day with a certificated teacher assigned and with one or more students enrolled and in attendance
002.07 Credit means a statement of the academic worth of a successfully completed course as a measure of student achievement or accomplishment of state and/or district content standards leading to promotion from one grade to the next or to graduation.
002.08 Department means the State Department of Education, which is comprised of the Board and the Commissioner.
002.09 Elementary Grades means those grades designated by the school as elementary but not to include any above grade eight.
002.10 Enroll shall mean admitting, allowing to attend and providing services of the school to a person.
002.11 Governing Bodymeans a board or individual elected or appointed to provide direction to an Interim-program school. In the case of a sole proprietorship, the governing body shall mean the owner.
002.12 High School Grades means grades 9 through 12 in a school with a four-year high school and grades 10 through 12 in a school with a three-year high school.
002.13 Institution shall mean any public or private facility, not owned or operated by a public school district, that provides a residential program and regular or special education services with a special education rate approved by the Department.
002.14 Integrated Course or Curriculum means a course or curriculum that is organized by concepts, themes, or ideas and includes content from two or more subjects or fields.
002.15 Interim-program School means those schools located in or operated by county detention homes (as defined in Subsection 002.05), institutions (as defined in Subsection 002.13), or juvenile emergency shelters (as defined in Subsection 002.16).
002.16 Juvenile Emergency Shelter means a facility which provides temporary twenty-four-hour physical care and supervision in crisis situations and at times when an appropriate foster care resource is not available to persons eighteen years of age and younger for which a municipal corporation has contracted pursuant to 13-317 R.R.S. and which shelter also provides regular or special education services with a special education rate approved by the Department.
002.17 Minimum Curriculum means a curriculum that includes language arts, social science, science, and mathematics. Interim-program schools may also provide, in addition, vocational education, computer education, foreign language, visual and performing arts, and personal health and physical fitness.
002.18 School means an individual attendance area or center that provides either elementary or secondary education.
002.19 School Day means those days, Monday through Friday, within the full twelve month calendar year that are designated in the Interim-program school’s annual calendar as devoted to the instructional program of the interim-program school.
002.20 School Liaison means a person having a Bachelors Degree who is assigned to carry out the duties described in Subsections 004.02F1 and 004.02F2.
002.21 Secondary Grades means those grades designated by the school as secondary, but not to include any below grade seven.
002.22 Student or pupil means all persons (including children, emancipated minors, and adults) between the ages of five and twenty-one who have not completed high school or earned a General Equivalency Diploma (GED).
002.23 Teach as defined in Section 79-101 R.R.S. means and includes, but is not limited to, the following responsibilities: The organization and management of the classroom or the physical area in which the learning experiences of pupils take place; the assessment and diagnosis of the individual educational needs of the pupils; the planning, selection, organizing, prescribing, and directing of the learning experiences of pupils; the planning of teaching strategies and the selection of available materials and equipment to be used; and the evaluation and reporting of student progress.
003 Procedures for Approval
003.01 Application for Initial Approval. A governing body of an interim-program school seeking approval or seeking to add grades to a previously approved Interim-program school shall make application on forms supplied by the Department.
003.02 Recommendation by the Commissioner. If it is determined through visitation and reporting that the applicant Interim-program school can comply with the provisions of this Chapter, a recommendation by the Commissioner will be made to the Board that the Interim-program school be granted approval.
003.03 Conditional Approval. Upon favorable action by the Board, the applicant Interim-program school will be granted conditional approval for one school year.
003.04 Noncompliance. If it is determined by the Commissioner that an Interim-program school has failed to comply with the provisions of this Chapter at any time during the year of conditional approval it shall be just cause, following notice, to initiate proceedings before the Board to immediately terminate the conditional approval.
003.05 Duration of Approval. Continued approval following the initial year of conditional approval is granted for one school year from July 1 to June 30, or less if stated. Renewal of approval is granted based upon the Interim-program school’s compliance with this Chapter during the prior school year. As detailed in this Chapter, failure to comply with mandatory standards in Section 004.01 may cause an Interim-program school to lose its approval during the school year.
003.06 School Site Review. State Department of Education staff shall conduct periodic on-site visits to Interim-program schools to review and determine compliance with the provisions of this Chapter.
004 Requirements for All Interim-Program Schools
004.01 Mandatory Requirements for Legal Operation. To be eligible for approval or to continue as an approved Interim-program school, the following requirements shall be met. Failure to comply with Sections 004.01A through 004.01I shall be just cause for the Commissioner to initiate proceedings before the Board to terminate approval and end legal operation during the school year.
004.01A Teachers. Interim-program schools shall use only persons certificated pursuant to 92 NAC 21 to teach and to administer the educational program.
004.01B Grade Levels. The Interim-program school shall operate, offer instruction in, and give credit in only the grades for which the school is approved.
004.01C Required Instruction. The Interim-program school shall make available instruction in language arts, mathematics, science and social studies/history each school day for all students from the inception of their admission in all grades for which the school is approved. Students may be provided instruction in other courses in addition to or in lieu of the four subject-areas mentioned above based upon their academic advancement plan.
004.01D Academic Advancement. Interim-program schools shall initiate contact and work with accredited or approved schools to secure academic credit leading to grade promotion or graduation for student work completed while in their program, including diplomas for students who have satisfactorily completed sufficient credits to meet the requirements for graduation of the student’s approved or accredited high school. Interim-program schools shall not issue diplomas.
004.01E Instructional Time. The minimum curriculum of each Interim-program school shall be available for students each school day, Monday through Friday, throughout the twelve-month calendar year. The interim-program school schedules each student with a minimum of 3.5 clock hours of instructional time each school day. The Interim-program school shall provide a minimum of 700 clock hours of instructional time each calendar year. Time scheduled for the school lunch period shall not be counted in meeting the instructional time requirements of the school day or the calendar year. Time scheduled for recreation shall not be counted in meeting the instructional time requirements of the school day or the calendar year unless it is a physical fitness course taught by a certified teacher.
004.01F High School Credit. Each Interim-program School shall base one hour of high school credit on 15 clock hours of instruction or shall have in writing, for each high school course, the goals, expected student performance for accomplishment of the goals, and the credit to be awarded to the student upon successful completion of the course.
004.01G Assurance Statement. Each Interim-program school shall, by November 1 of each year, submit to the Department an Assurance Statement, as prescribed by the Department, signed by a representative of the governing body affirming compliance or specifically noting any noncompliance with the regulations in this Chapter.
004.01H Reports. The head administrator of each school shall submit a Fall Personnel Report and a Curriculum Report to the Department by the date indicated on the prescribed forms.
004.01H1 Additions of certificated staff after September 1 shall be reported to the Department at the time of contracting.
004.01I Admissions. An Interim-program school shall enroll only students who have been placed in the county detention home, institution or juvenile emergency shelter in which the interim-program school is located or which operates the interim-program school and who are unable to attend public school for reasons of health or safety.
004.02 The Interim-program School System. Regulations contained in this section apply to all approved Interim-program schools.
004.02A School Policies
004.02A1 Annual Update. The governing body annually updates a written set of policies based upon the purposes and goals of the Interim-program school. This document is on file in each school building.
004.02A2 Instructional Time and School Calendar. The school has a written policy which identifies and describes the scheduled school days and the instructional time scheduled for students each school day throughout the calendar year. The school has a daily, weekly, and annual calendar that shows the school days and scheduled vacations for students. The policy(ies) or regulations stipulate the conditions for which individual students may be excused from the school day.
004.02B The Instructional Program
004.02B1 Purpose and Goals. The instructional program of the Interim-program school is based on a written statement of purposes and/or goals developed by the governing body. This document is on file in each school building and each certificated staff member is provided a copy.
004.02B2 Written Guides. Each Interim-program school has written guides or frameworks for each curriculum area provided by the school. The guide in each of the curriculum areas addresses, as appropriate, instruction in written composition. An Interim-program school may develop its own curriculum or use a curriculum approved by an accredited public school or an approved or accredited private school. In addition to the instructional program required by this Chapter, an Interim-program school may offer a GED preparatory program for those students not seeking to graduate from an accredited or approved school.
004.02B3 Student Records The school provides a comprehensive cumulative record of attendance, academic progress, and dates of enrollment in and withdrawal from the school for each student enrolled. Interim-program schools comply with 79-2,105 R.R.S. and provide a copy of student files or records concerning a student at no charge, upon request, to any public or private school to which the student transfers.
004.02C Number, Preparation, and Assignment of Staff Members
004.02C1 System Administrator Each Interim-program school has a head administrator who holds a Nebraska Administrative and Supervisory Certificate with an endorsement for superintendent, or principal, or special education. Interim-program schools may share a head administrator with other schools or with a public school district or ESU. In Interim-program schools, the head administrator’s responsibilities include, but are not limited to, the evaluation of teacher performance, review of policies, programs, and reports.
004.02C2 Head-Teacher/Principal. An Interim-program school having less than twenty teachers shall have a principal or designate one teacher as head teacher. The head teacher shall hold at least an Initial, Prestandard, Standard, or Professional Nebraska Teaching Certificate issued pursuant to 92 NAC 21. When the number of teachers reaches twenty or more, an administrator holding a Nebraska Administrative and Supervisory Certificate is assigned as principal at least one-half time for administration and supervision.
004.02C3 Certificates. A copy of the certificate or permit of each school staff member who is required to have a certificate is on file in the Interim-program school’s administrative office.
004.02C4 School Liaison. Each Interim-program school has a person designated as a school liaison who meets the requirements of 002.20.
004.02C5 Teacher Aides. An Interim-program school may employ persons who do not hold a valid Nebraska teaching certificate or permit issued by the Commissioner of Education to serve as aides to a teacher or teachers. Such teacher aides may not assume any teaching responsibilities. A teacher aide may be assigned duties which are non-teaching in nature if the employing school has assured itself that the aide has been specifically prepared for such duties, including the handling of emergency situations which might arise in the course of his or her work.
004.02C6 Professional Development. Each teacher participates in at least 10 hours of professional development activities each year.
004.02D Materials and Facilities
004.02D1 Library Resources. Staff and students in an Interim-program school have access to library media resources at least once every other
week.
004 02D2 Healthful Conditions. Each Interim-program school maintains safe, healthful and sanitary conditions within the school building and on the school grounds and meets fire, safety, and health codes. Each such school complies with the requirements of Rule 59 (92 NAC 59: Methods for Competency Assessment of School Staff Who Provide Medications).
004.02E School System Performance: Evaluation and Improvement
004.02E1 Written Report. Each Interim-program school annually prepares a written report to the governing body that includes, but need not be limited to, aggregate student demographics, school days of attendance, the school’s progress in implementing student academic advancement plans, and actual academic advancement or academic credits earned. The report shall not contain any personally identifiable student information.
004.02E2 Admissions Process. Each Interim-program school uses a uniform admissions process that examines what each student has been studying and what yet needs to be taught in that subject area for the student to receive credit for academic advancement and develops an academic advancement plan for each student. The Interim-program school consults student records regarding previous assessments and works with the school the student last attended or the school to which the student shall transfer in meeting these requirements.
004.02F Relationship with School Districts
004.02F1 Academic Advancement and Graduation. The school liaison of the Interim- program school initiates contact with the appropriate accredited or approved school to develop an academic advancement plan intended to achieve academic progress leading to grade promotion or to graduation of students. The school liaison seeks to secure grade promotion or diplomas from schools for those students who have met their school’s requirements.
004.02F2 Special Education. The school liaison of the Interim-program school initiates contact with the school district responsible for providing special education services to each student with a disability to insure that each student with a disability is provided by the responsible school district with special education and related services pursuant to 92 NAC 51. The school liaison works with the responsible school district to insure continuation of special education services and information.
005 Special Education Requirements
005.01 Responsibilities of the Public School District. The duty of providing or contracting for special education services for all students with verified disabilities pursuant to 92 NAC 51 remains with the responsible public school district. The Interim-program schools may assist the public school districts in fulfilling those responsibilities.
005.01A Determining the Responsible Public School District. Pursuant to 79-1127 and 92 NAC 51 each school district shall provide or contract for special education programs and transportation for all resident children with disabilities who would benefit from such programs.
005.01B Becoming a Special-Education Service Provider. An Interim-program school may apply to become a provisionally approved special education service provider pursuant to the provisions of 92 NAC 51.
006 Regulations Pertaining to the Instructional Programs of Interim-program Schools Offering Elementary, Middle School or High School Programs .
006.01 Required Elementary Instructional Program. The elementary instructional program of an Interim-program school is based on state standards for student learning and consists of at least the following:
006.01A Reading and Language Arts. The curriculum includes development and practice of skills and understanding in reading, writing, speaking, and listening. It helps children develop appreciation of literature, creativity and expression.
006.01B Mathematics. The curriculum includes development, practice, and application of numeration, computation, estimation, problem solving, geometry/spatial concepts, measurement and related topics.
006.01C Social Studies. The curriculum helps children to develop an understanding of the world and its people. It includes experiences drawn from geography, history, economics, government, citizenship, career awareness, human relations, current affairs, and cultural studies. This includes instruction in American history and stories about the exploits and deeds of American heroes, singing patriotic songs, memorizing the Star-Spangled Banner and America, and reverence for the flag and proper conduct for its presentation as provided in 79-724 R.R.S.
006.01D Science. The curriculum helps children develop an understanding of science concepts and processes, and includes science as inquiry. It includes experiences drawn from physical science, life science, earth and space science, science and technology, and history and nature of science.
006.02 Required Middle-Grades Instructional Program. The Middle Grades instructional program of an Interim-program school is based upon state standards for student learning and consists of at least the following:
006.02A Reading/Language Arts. The curriculum includes experiences designed to help students expand, develop and apply reading skills introduced in the elementary grades. It includes reading both for information and enjoyment. It includes activities that engage students in using language for a variety of reading, writing, speaking, and listening purposes.
006.02B Mathematics. The curriculum includes practice in numeration, computation, estimation, problem solving, geometry/spatial concepts, and measurement. It introduces algebraic and statistical concepts and provides opportunities for students to develop understanding of the structure of mathematics.
006.02C Social Studies. The curriculum includes content and experiences drawn from geography, history, economics, citizenship, government, cultural studies, and current events. This includes instruction in American history that makes the course interesting and attractive and to instill a love of country as provided in 79-724 R.R.S. All history courses stress contributions of all ethnic groups in the development and growth of America.
006.02D Science. The curriculum includes elements of life, physical, earth and space sciences, science as technology, and history of science. Learning activities emphasize science as inquiry and scientific processes and concepts.
006.03 Required High School Program. The high school instructional program of an Interim-program school is based upon state standards for student learning and consists of at least the following:
006.03A Language Arts. The curriculum includes written composition, critical reading, interpretation of fiction and non-fiction, oral presentation, and application of listening skills.
006.03B Mathematics. The curriculum includes communicating, reasoning, problem solving, numeration, computation, estimation, measurement, geometry, data analysis, probability, and statistical concepts, and algebraic concepts.
006.03C Social Science. The curriculum includes content drawn from American and world history, geography, economics, civics, government and citizenship and may also include content from other social science areas such as sociology, psychology, and anthropology. This includes instruction in the U.S. and Nebraska Constitutions, the benefits and advantages of our government, the dangers of Nazism, Communism, and similar ideologies, the duties of citizenship, and the appropriate patriotic exercises to include Lincoln’s birthday, Washington’s birthday, Flag Day, Memorial Day and Veteran’s Day as provided in 79-724 R.R.S. All history courses stress contributions of all ethnic groups in the development and growth of America.
006.03D Science. The curriculum includes science concepts and processes, science as inquiry, physical science, life science, earth and space science, science and technology, and history and nature of science.
006.03E Other. Subject fields may include foreign language, career and technical education, computer education, personal health and physical fitness, and visual and performing arts.
006.04 Utilizing Different Curricula. Interim-program schools may continue the curriculum of the school from which the student came, or the school which the student shall attend upon leaving the Interim-program school or use their own courses or use performance-based curriculum as described in Subsection 006.04A or some combination to assist students to continue to make academic progress toward grade promotion or graduation.
006.04A Performance-based curriculum for each course is defined in writing and includes goals, representative instructional experiences, assessments, and expected student performance for the accomplishment of the goals. The written description is approved by the governing body and is on file in the school. The performance-based curriculum provides learning opportunities for students equivalent to or greater than similar courses provided in approved or accredited schools.
006.05 Local Options for Providing High School Courses.
006.05A Integrated Courses. Interim-program schools providing high school courses may provide integrated courses, as defined in Section 002.14, if the school has on file locally a description of the curriculum or course including a list of the goals, and an explanation of the subjects included.
006.06 Multi-site and Distance Learning Options for Providing High School Courses. Curriculum requirements for the high school may be provided through one or more of the following course options:
006.06A Synchronous Course Option: Synchronous courses are those multi-site or distance learning courses in which the teacher and student(s) are simultaneously present; can both see and hear one another; and questions may be answered and instructional accommodations made immediately. This includes:
006.06A1 Teacher Sharing. Instruction provided through contractual or cooperative arrangements with other schools, educational service units, and/or postsecondary institutions in which either the teacher(s) or student(s) move to be located at the same site to provide classroom instruction provided: (a) each course is taught by a teacher holding a valid Nebraska Teaching Certificate; (b) each course is shown on the high school class schedule along with the name of the teacher; (c) at least one high school student is enrolled and participating in each course; and (d) each course is made available to all students a the school’s expense. A copy of the written agreement with the cooperating school/agency is on file in the school.
006.06A2 Interactive Audio-Visual Options. Multi-site or distance learning instruction maybe met through synchronous interactive audio-visual instruction provided: (a) each course is taught by a teacher holding a valid Nebraska Teaching Certificate; (b) each course is shown on the high school class schedule along with the name of the teacher; (c) at least one high school student is enrolled and participating in the course; (d) each course is made available to all students a the school’s expense; and (e) a teacher holding a valid Nebraska Teaching Certificate monitors student progress and general appropriateness of the course and is present in the classroom while the course is being taught unless:
006.06A2a The off-site interactive teacher holds a valid Nebraska Teaching Certificate and a school employee is present in the receiving classroom, or
006.06A2b The off-site interactive teacher holds a valid Nebraska Teaching Certificate, maintains two-way audio and video communication with the distance learning classroom, and has a direct telephone connection with a supervising adult in the school.
006.06B Asynchronous Course Options. Asynchronous courses are those multi-site or distance learning courses in which communication between teacher and student is delayed, as are the cases, for example with written correspondence courses and many computer-delivered courses. This includes:
006.06B1 University of Nebraska Independent Study High School Options. High school courses may be provided by teachers of the University of Nebraska Independent Study High School provided that (a) each course is shown on the high school class schedule; (b) at least one high school student is enrolled and participating in the course; (c) each course is made available to all students at the school’s expense; and (d) a teacher holding a valid Nebraska Teaching Certificate is present during the assigned period (one teacher may supervise more than one course) to monitor and assist with instruction.
006.06B2 Other Distance Learning Technology Options. Distance learning multi-site instructional units may be met through courses delivered by other methods of distance technology provided that each course is reviewed in advance and recommended for school use by a committee of at least one local teacher and one local school administrator and is approved by the governing body of the school, and the written review and statement of approval are on file in the school; and provided (a) each course is shown on the high school class schedule; (b) at least one high school student is enrolled and participating in each course; (c) each course is made available to all students at the school’s expense; (d) a teacher holding a valid Nebraska Teaching Certificate is present during the assigned period (one teacher may supervise more than one course) to monitor and assist with instruction; and (e) each student enrolled in such a course is assigned to a local teacher holding a Nebraska Teaching Certificate who monitors student progress and general appropriateness of the course.
007 Loss of Approval
007.01 Section 004.01 of this Chapter lists requirements that must be met at all times by Interim-program schools as a condition of approval. Failure to meet the provisions of Section 004.01 may result in the Board terminating approval of the school during the school year. Noncompliance with other regulations in this Chapter will result in the assessment of violations which, if not corrected, will result in a recommendation to the Board for probation or loss of approval.
007.02 Violations. In determining the future approval status of an Interim-program school, each failure to meet a numbered regulation other than those contained in Section 004 shall constitute a separate violation.
007.03 Reporting Violations. An Interim-program school shall report any existing violations to the Department on its annual Statement of Assurance.
007.04 Correction of Violations. Interim-program schools will have until February 1 to correct violations or to prepare a written plan for correction of a violation that existed at the time of submission of the Statement of Assurance. Written evidence of the correction of the violations or a written plan developed in accordance with Section 007.04A must be submitted to the Department.
007.04A Interim-program schools having an uncorrected violation may submit a written plan to the Department by February 1 for correcting the violation before the following school year. Such plans may be approved by the Board if evidence provided indicates that the violation occurred after August 1, and the violation could not reasonably be corrected immediately before or during the current school year. Written evidence of the correction must be submitted to the Department by the following September 1.
007.05 Effect of Violations on Interim-Program Schools. If, after consultation with school officials, the Commissioner determines that an approved Interim-program school has any uncorrected violations, he or she shall make the applicable following recommendations to the Board:
007.05A An APPROVED INTERIM-PROGRAM SCHOOL having an uncorrected violation and no written plan under Section 007.04A shall be recommended for APPROVAL ON PROBATION for the following year.
007.05B An APPROVED INTERIM-PROGRAM SCHOOL having a plan under Section 007.04A and having the same uncorrected violation after September 1 of any requirement shall be recommended for APPROVAL ON PROBATION for the current year.
007.05C An APPROVED INTERIM-PROGRAM SCHOOL ON PROBATION continuing to have the same uncorrected violation after February 1 shall be recommended for NONAPPROVAL for the following school year.
007.06 Provisions for Notice and Hearing
007.06A When the Commissioner makes a recommendation to the Board for an Interim-program school to be placed on probation or for denial or revocation of approval, notice of the recommendation and of the right to request a hearing shall be given to the school system by certified mail sent at least 30 calendar days prior to the date of the Board meeting at which the recommendation is to be considered. Copies will be sent to the head administrator of the school, and to the presiding officer of the governing body, if known. This notice shall specify the basis for the recommendation.
007.06B If the Interim-program school notifies the Commissioner at least seven days prior to the date the recommendation is to be considered by the Board that it requests a hearing, the Board shall schedule a hearing date.
007.06C All hearings arising under this Chapter shall be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence. Any action taken or recommended by the Commissioner adverse to the Interim-program school may be the subject of a petition by such school system under 92 NAC 61, in which case all the provisions of 92 NAC 61 shall apply to such appeal.
007.07 Action by the Board. Upon review of the Commissioner's recommendation, and following any hearing, the Board shall make a determination of the future approval status of the Interim-program school and shall inform the school in writing of its determination.
008 Accreditation or Approval Violation
008.01 Failure to Accept Credit. Failure of accredited or approved schools to accept the academic credit earned at Interim-program schools or to issue diplomas to students transferring from Interim-program schools who have met the requirements for graduation of their own approved or accredited high school shall be treated as a violation of a requirement for accreditation under 92 NAC 10 or approval under 92 NAC 14.
History
- Effective 2003-12-29
Chapter 19 School Enrollment
Neb. Admin. Code tit. 92, ch. 19 School Enrollment {#sec-92-nac-19 omnilex-key=us-ne-regs-official--title-92--92 NAC 19}
001 General Information
001.01 Purpose of this Chapter. Article VII, Section 1 of the Constitution of the State of Nebraska states that: “The Legislature shall provide for the free instruction in the common schools of this state for all persons between the ages of five and twenty-one years.” This Chapter is adopted under the constitutional and statutory authority of the State Department of Education, for the purpose of clarifying responsibilities of public school districts regarding school enrollment so that all persons who are constitutionally entitled to a free public education in Nebraska receive such an education upon request.
001.02 Scope and Application of this Chapter. This Chapter requires each public school district, as a condition of continued accreditation under Title 92, Nebraska Administrative Code, Chapter 10 (92 NAC 10), to enroll and serve persons, upon request, who are entitled to a free public education in that district. This Chapter also contains provisions for students seeking to transfer to other districts under the enrollment option program.
001.03 Statutory Authority. Article VII, Section 2 of the Constitution of the State of Nebraska and Section 79-301 of the Revised Statutes of Nebraska (R.R.S.) provide, in part, that: “The State Department of Education shall have general supervision and administration of the school system of the state and of such other activities as the Legislature may direct.” This Chapter is adopted pursuant to the constitutional and statutory authority of the Department to prescribe regulations for the accreditation and operation of public schools under Sections 79-301, 79-302, 79-318, and 79-319 R.R.S.; plus Section 79-215 R.R.S., which permits the Department to adopt rules and regulations to carry out the Department’s responsibilities under that statute.
001.04 Related regulations. Several other Nebraska State Department of Education regulation chapters in Title 92 of the Nebraska Administrative Code (NAC) deal with matters related to this Chapter. Chapter 10 deals with accreditation of public schools. Compliance with this Chapter is a condition of continued accreditation under Chapter 10. Chapter 17 deals with alternative education for students expelled under the Student Discipline Act. Chapter 51 is the primary regulation for the provision of special education services and reimbursement after a person is enrolled under this Chapter. Chapter 61 provides procedures for appeals under the enrollment option program and certain provisions of this Chapter. Chapter 81 deals with the General Educational Development (G.E.D.) examination and diplomas of high school equivalency. Regulations of the State Department of Health and Human Services regarding state wards and reimbursement are contained in Title 390, Nebraska Administrative Code, Chapter 10.
001.05 Construction of Enrollment Statutes and Regulations by School Districts. School districts shall liberally construe state statutes and these regulations pertaining to enrollment determinations. In regard to school enrollment determinations, the Nebraska Supreme Court has held that:
“Statutes pertaining to our public schools should be liberally construed to the end that all persons of school age may enjoy their privileges . . . Solicitude for the education of its youth has always been characteristic of Nebraska. It is a settled policy of the state that every person of school age shall have an opportunity to attend its free schools.” Martins v. School Dist., 101 Neb. 258 (1917).
002 Definitions . As used in this Chapter:
002.01 Adult shall mean a person nineteen years of age or older, except that, for the purposes of entering into binding contracts or leases, a person eighteen years of age or older who is not a ward of the state is legally responsible for the contract or lease. (see Sections 43-2101 and 43-245(1) R.R.S.).
002.02 Child shall mean an unmarried person under nineteen years of age.
002.03 Commissioner shall mean the Commissioner of Education.
002.04 Department shall mean the State Department of Education, which is comprised of the State Board of Education and the Commissioner of Education.
002.05 District shall mean a Nebraska public school district, as defined in Section 79-101 R.R.S.
002.06 Enroll shall mean admitting, allowing to attend, and providing services of the school to a person.
002.07 Guardian shall mean a legal guardian who has been appointed by a court or who has accepted a testamentary appointment, such as provided in Section 30-2605 R.R.S.
002.08 “Homeless children and youths” and “homeless student” shall mean a person who meets the definition of homeless children and youths in Title 42, United States Code, Section 11434a, which is:
002.08A An individual who lacks a fixed, regular, and adequate nighttime residence (within the meaning of 42 U.S.C. 11302(a)(1)); and
002.08B Includes:
002.08B1 Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency shelters; are abandoned in hospitals.
002.08B2 Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of 42 U.S.C. 11302(a)(2)(C));
002.08B3 Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
002.08B4 Migratory children (as defined in 20 U.S.C. 6399) who qualify as homeless for the purposes of this section because the children are living in circumstances described in subsections 002.09B1 through 002.09B3.
002.09 Legal or Actual Charge or Control shall refer to the status of parents, legal guardians, persons standing in loco parentis to a child, persons with a power of attorney that delegates parental authority, or any other person who has been entrusted with, or assumed, the day-to-day care and full-time supervision of, and responsibility for, a child.
002.10 In Loco Parentis shall refer to a situation in which a child, with the consent of a parent or legal guardian, goes to live with another person with the understanding that the person the child lives with is to care for the child and stands in the place of a parent or legal guardian. A person who stands in loco parentis to a child may demand from a school district every right to which his or her own natural child is entitled. (See Mizner v. School Dist. No. 11 of Sherman County, 2 Neb. (Unof.) 238 (1901)). A person standing in loco parentis to a child is one who has put himself or herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to adoption, and the rights, duties, and liabilities of such person are the same as those of the lawful parent. The assumption of the relation is a question of intention, which may be shown by the acts and declarations of the person alleged to stand in that relation. (See Austin v. Austin, 147 Neb. 109 (1946), which is also referenced in a number of other cases, including State on Behalf of Hopkins v. Batt, 253 Neb. 852 (1998)).
002.11 Nonresident shall mean a person who does not have a residence in the district (see Section 002.14 for definition of Residence).
002.12 Option Student after the 2016-2017 school year shall mean for any student, including an open enrollment option student as defined in §79-233(4) R.R.S. that has chosen to attend an option school district.
002.13 Parent shall mean the lawful father or mother of a child, including adoptive parents. A guardian or any other person in legal or actual charge or control of a child (see definition in Sections 002.08 and 002.10 of this Chapter) who enrolls a child in school under the provisions of this Chapter shall be considered to be acting as a parent for all education purposes, such as release of student records and the making of education decisions for the child unless otherwise restricted by law.
002.14 Residence shall mean that place in which a person is actually domiciled, which is one’s established home and the place to which one intends to return when absent therefrom. It is the place where a person is actually living full-time, as opposed to vacationing or visiting. It should be noted that, pursuant to Section 79-215 R.R.S. and this Chapter, a child may have a residence for school enrollment purposes that is separate from the residence of his or her parents or guardian. An example of such a situation is when a child resides in a different district than his or her parents, under the legal or actual charge or control of an adult acting in loco parentis, or an adult who has a power of attorney under §30-2604 R.R.S. (See also the opinion of the United States Court of Appeals, Eighth Circuit, in the case of Horton v. Marshall Public Schools, 769 F.2d 1323 (1985)). It should also be noted that the Legislature has provided for several circumstances in which a person may enroll in a school district other than the district in which that person has a residence (See Section 79-215 R.R.S. in Appendix C). Lawful citizenship or presence does not determine residency.
002.15 Residency shall mean having a residence in a place.
002.16 Resident shall mean a person who has his or her residence in a place. It should be noted that the Legislature has specifically provided in Section 79-215 (1) R.R.S. that, except as otherwise provided in §79-215 R.R.S., a student is a resident of the school district where he or she resides and shall be admitted to any such school district upon request without charge. The Legislature has also provided in §79-215 R.R.S. for several circumstances in which a student either shall or may be enrolled in a school district in which they are not a resident. (See Appendix C). For example, a school board shall admit a student upon request without charge if at least one of the student’s parents resides in the school district. (Section 79-215(2) R.R.S.).
002.17 Reside shall mean to live in a place that is one’s residence.
002.18 Student shall mean all persons (including children, emancipated minors, and adults) between the ages of five and twenty-one who have not completed high school or received a diploma of high school equivalency and who a school district is required or authorized to enroll.
003 Enrollment Requirements . A public school district shall, upon request, enroll and provide free instruction to any person between the ages of 5 and 21 who has not completed high school, or received a diploma of high school equivalency, and who the school district is required to enroll under the provisions of Section 79-215 R.R.S., subject to the provisions of all other applicable requirements of state law and regulations related to enrollment and attendance. A text of that statute is included in Appendix C.
003.01 Other Statutory and Regulatory Requirements. Other requirements of state law related to enrollment include, but are not limited to: §§79-201 through 79-210 R.R.S. regarding compulsory education; §79-214 R.R.S. regarding kindergarten admission; §79-216 R.R.S. regarding children of members of the military or of federal employees living on national parks or monuments; §§79-217 through 79-223 R.R.S. regarding immunizations; §§79-254 through 79-294 R.R.S. regarding the Student Discipline Act; §79-266.01 R.R.S. regarding enrollment of expelled students; §79-526 R.R.S. regarding the duty of districts to make provisions for students entering at any time during the school year; and §43-2007 R.R.S., regarding Missing Children Identification Act dealing with birth certificates or other proof of identity. Other regulatory requirements related to enrollment include, but are not limited to, those listed in Section 001.04.
003.02 Prohibited prerequisites to enrollment. A student who is entitled to or may lawfully enroll in and attend a public school, or the parent, guardian or other person having charge or control of such student shall not, unless otherwise permitted by law, be made to present any documentation or do any act prior to the student being allowed to enroll or attend. Unless permitted by law, this prohibition includes, but is not limited to, requiring as a pre-condition to enrollment or attendance any of the following:
003.02A Submission of social security card or number, which is subject to the Federal Privacy Act (Title 5, U.S.C., Section 552a (note));
003.02B Presentation of a certified copy of a birth certificate or other proof of identity and age, which is subject to the Missing Children’s Identification Act (Section 43-2007 R.R.S.). Under that Act, upon enrollment of a child for the first time in a public school district, the person enrolling the student, within 30 days, must provide a certified copy of the student’s birth certificate or other reliable proof of identity and age as described in §43-2007.
003.02C Receipt by the district of transcripts, grades or other records from previously attended schools (see Section 79-2,105 R.R.S.).
003.02D The payment of any fee, including those fees authorized by the Public Elementary and Secondary Student Fee Authorization Act (Sections 79-2,125 to 79-2,135 R.R.S.), except for fees for enrollment or participation in the specific courses or activities allowed under Section 79-2,127 R.R.S..
003.02E Presentation of proof that a child who seeks to enroll or his or her parent, as defined in section 002.13 of this Chapter, is a citizen of the United States or is a legally admitted alien. See Plyler v. Doe, 457 U.S. 202 (1982); and also Section 011 of this Chapter.
003.03 Termination of Enrollment. If an enrolled student ceases to be eligible for required enrollment for free instruction under the provisions of Section 79-215 R.R.S., a district may terminate the enrollment of the student, or may continue the enrollment under the provisions of §79-215(4) R.R.S. or any other provision of §79-215 R.R.S. that may subsequently become applicable. When a student is a child of compulsory attendance age and is denied enrollment or his or her enrollment is terminated other than as the result of expulsion under the Student Discipline Act, the district, if it is not aware that the child is enrolled elsewhere, shall (a) report such circumstance to the attendance officer of the district in which the child should be enrolled or, if it cannot determine in what other district the child should be enrolled, report such action to the Department of Health and Human Services or law enforcement officials pursuant to Section 28-711 R.R.S.; and (b) cooperate with and assist such officials in attempting to ensure that the child is not neglected and is promptly re-enrolled in a school.
003.04 Students Entering During the School Year. A district shall make provisions for students that may enter at any time during the school year. A district that enrolls a student during the school year shall give the student the opportunity to earn full credit for the courses in which the student is enrolled if the student is able to demonstrate mastery of the subject matter and/or completion of course requirements, other than attendance, at a level required for other students to receive credit who have been enrolled throughout the period for which the credit is to be granted. The district may use a review of transcripts from prior schools attended, standardized tests, assessments, and/or teacher evaluations of student competency in the subject matter to make such a determination. A school district may use the same evaluation alternatives to award or recognize credit for past course work completed elsewhere and/or through demonstrated mastery of subject matter.
003.05 Students with diplomas or other certificates of completion from other states, territories or countries. If a person under age twenty-one seeks to enroll as is provided for in Sections 001.01 and 003 of this Chapter, and such a person already possesses or was granted a diploma or other certificate of completion of the school system or the course of studies of another state, territory or country, the district has authority, pursuant to §§79-201(3)(a) and 79-526 R.R.S. and Section 003.04 of this Chapter to make a professional educational determination regarding whether or not the person’s completion of that course of studies is substantially equivalent to completion of the graduation requirements in §79-729 R.R.S. If so, the person is not required to be enrolled.
004 Contract Dispute Resolution . If two school districts cannot agree on the amount of a contract under subsection (10)(b) of §79-215 R.R.S. (see Appendix C of this Chapter for full text of the law), that statute provides, in part, that:
“. . . the State Department of Education shall determine the amount to be paid by the resident district to the district in which such residential setting is located based on the needs of the student, approved special education rates, the department’s general experience with special education budgets, and the cost per student in the district in which such residential setting is located.”
004.01 Request for Determination. If the districts cannot agree on a contract amount, either district may submit a written request for determination of the amount to the Commissioner. The Commissioner may designate another person to make the determination on his or her behalf.
004.01A The Commissioner, or his or her designee, shall consider such information as may be provided by the districts in writing, or in any informal meetings the Commissioner, or his or her designee, may choose to conduct with representatives of both districts.
004.01B The Commissioner, or his or her designee, shall base their determination on the factors specified in §79-215(10)(b) R.R.S.
004.01C The determination by the Commissioner, or his or her designee, shall be provided to the districts in writing.
004.02 Appeal. If either district is dissatisfied with the determination of the Commissioner, or his or her designee, the determination may be appealed to the State Board of Education pursuant to 92 NAC 61.
005 Enrollment of homeless children and youths
005.01 General Requirements. A district shall follow all requirements for the education of the homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et. seq., including, but not limited to, school stability provisions including a best interest determination, school of origin provisions, the provision of comparable services to homeless children or youths enrolled, the designation of local agency education (district) homeless liaison, notification to the parents or guardians of homeless children and youth of the educational rights and opportunities available under law, and a district dispute resolution process for disputes regarding the educational placement of homeless children and youths.
005.02 Dispute Resolution Process. The district’s dispute resolution process referred to in Section 005.01 shall provide for (a) the district’s written response and explanation of a decision regarding any complaint or dispute of a parent, guardian or other person having legal or actual charge or control of a homeless child or youth within thirty (30) calendar days of the time such complaint or dispute is brought; (b) the enrollment of the homeless child or youth in the school where enrollment is sought pending final resolution of the dispute, including all available appeals; and (c) notice of the right appeal as provided in Section 005.03 below.
005.03 Appeals. Any parent, guardian or other person having legal or actual charge or control of a homeless child or youth that is dissatisfied with the decision of a school district after the dispute resolution process may file an appeal with the Commissioner within thirty (30) calendar days of receipt of the decision. Such appeals are informal and shall be submitted to the Commissioner in writing stating the basis of the disagreement, and shall also include a copy of the district’s written response and explanation of its decision as required in Section 005.02. The district shall be supplied a copy of the written appeal by the Commissioner or designee and the district(s) may file a written response thereto within fifteen (15) calendar days of receipt of it. If either party requests a hearing, an informal hearing will be scheduled by the Commissioner or designee within thirty (30) calendar days after the expiration of the time by which the district is to respond. If no hearing is requested, the Commissioner shall decide the matter based on the submissions of the parties, and may also request further written information and clarification from the parties. The Commissioner or designee shall issue a written decision determining whether or not the provisions of the McKinney-Vento Act have been followed.
005.03C A party may appeal the decision of the Commissioner or designee by filing a Petition with the State Board of Education within thirty (30) calendar days of the receipt of the decision. Such appeal shall be governed by 92 NAC 61, and shall also determine whether or not the provisions of the McKinney-Vento Act have been followed.
006 Compulsory Attendance Enforcement . The compulsory education statutes contained in Sections 79-201 through 79-210 R.R.S. impose a number of duties on superintendents, principals, teachers, school board members, and attendance officers, as well as persons in legal or actual charge or control of children. State law provides that persons violating the provisions of those statutes shall be guilty of a Class III misdemeanor (See Section 79-210 R.R.S.).
007 Compliance as a Mandatory Condition for School Accreditation . Each public school district shall comply with all the provisions of this Chapter as a condition for accreditation. Failure to comply with this Chapter shall be treated as if it were a violation of a mandatory provision of 92 NAC 10, and may subject the district to loss of accreditation as provided in that chapter.
008 Enrollment Option Program . Pursuant to Sections 79-232 through 79-246 R.R.S. the Legislature has established the enrollment option program to enable any kindergarten through twelfth grade student to attend a school in a Nebraska public school district in which the student does not reside, subject to the limitations prescribed in Section 79-238 R.R.S. The enrollment option program statutes are available on the internet at http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=79. The application, late application waiver/approval and cancellation forms for the enrollment option program are available from the Department, as provided in Section 79-237 R.R.S., and are available on the internet at http://www.education.ne.gov/FOS/OrgServices/EnrollmentOption/Index.html Any appeals under Section 79-239 R.R.S. are governed by the provisions of 92 NAC 61, except that the Commissioner may appoint a hearing officer.
008.01 Late Applications. In accordance with Section 79-237 R.R.S., no district may enroll as an option student any student whose application for enrollment option was submitted to the district after the March 15 deadline and did not contain a signed and dated release approval form. Such applications shall be considered incomplete. An option district may enroll an option student after such form is subsequently provided. Any student that relocates to a different resident district after February 1st or whose option school district merges with another district effective after February 1st is exempt from the release requirement for a release from any district.
008.01A In addition to the consequences provided for violations of this Chapter, 92 NAC 8-006.02B provides authority for the Department to investigate violations of this section and to adjust a district’s option funding if violations are found.
008.01B Option Student Policy Required: The school board of the option school district shall adopt by resolution specific standards for acceptance and rejection of applications and for providing transportation for option students. Each district shall have in place specific standards and conditions for acceptance or rejection of requests for release for applications submitted after March 15. Such standards shall not include in the reasons for denial that an application was submitted after March 15.
009 Open Enrollment in a Learning Community . This section applies to the 2016-2017 school year and any prior school year. A school board of any school district that is a member of a learning community shall admit nonresident students to the school district pursuant to the open enrollment provisions of a diversity plan in a learning community as authorized by Section 79-2110, and such admission shall be without charge. In any learning community established pursuant to §§79-4,117 through 79-4,129 and §§79-2101 through 79-2102 R.R.S., a diversity plan that provides for open enrollment in all school buildings in the learning community subject to specific limitations necessary to bring about diverse enrollments is to be established. The open enrollment statute pertaining to learning communities, (§79-2110), is available at http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=79.
010 Part-time Enrollment . Pursuant to Section 79-2,136 R.R.S., each school board shall allow the part-time enrollment of students who are residents of the school district pursuant to subsections (1) and (2) of §79-215 R.R.S. and who are also enrolled in a private, denominational, or parochial school or in a school which elects pursuant to §79-1601 R.R.S. not to meet accreditation or approval requirements and shall establish policies and procedures for such part-time enrollment. Such policies and procedures may include provisions permitting the part-time enrollment of such students who are not residents of such school districts and may require part-time students to follow school policies that apply to other students at any time the part-time student is present on school grounds or at a school-sponsored activity or athletic event. Part-time enrollment shall not entitle a student to transportation or transportation reimbursements pursuant to §79-611 R.R.S.. Nothing in this section shall be construed to exempt any student from the compulsory attendance provisions of Sections 79-201 to 79-207 R.R.S.
010.01 A school board shall allow part-time enrollment of resident students that are ages eighteen up to twenty-one years whose parents or legal guardians did not submit the materials to the Department of Education pursuant to Section 79-1601 for the current school year because the student was beyond the mandatory attendance age if the school board is satisfied that the student is continuing his or her instruction in such a school at the time.
011 Foreign/Foreign Exchange Students . In cases where a student seeks to enroll based on visa status, various federal laws, regulations and requirements may apply depending on the type of visa. A list of the most commonly occurring visa classifications involving K-12 students and several informational web sites regarding this topic are provided in Appendix F. Children and children of parents or guardians who are not citizens or legally present in the United States shall not be denied enrollment on that basis. See Section 003.02 of this Chapter.
011.01 J-1 “Exchange Visitor” Visas. Students enrolled under this program as foreign exchange students may be classified as “contract students” attending under Section 79-215(8) R.R.S. (see Appendix C). The district may waive tuition for these students.
012 Forms . Included as appendices to this Chapter are two forms.
012.01 Adult with Legal or Actual Charge or Control of a Student Form (Appendix A). This form is to be used by a district for purposes of Section 79-215(13) R.R.S., which provides, in part, that:
(13) On a form prescribed by the State Department of Education, an adult with legal or actual charge or control of the student shall provide the name of the student, the name of the adult with legal or actual charge or control of the student, the address where the student is residing, and the phone number and address where the adult may generally be reached during the school day. If the student is homeless or if the adult does not have a phone number and address where he or she may generally be reached during the school day, those parts of the form may be left blank and a box may be marked acknowledging that these are the reasons these parts of the form were left blank. The adult with legal or actual charge or control of the student shall also sign the form.
012.02 Sample Power of Attorney Form (Appendix B). This sample form is a power of attorney delegating powers of a parent under Section 30-2604 R.R.S. This form is included as a sample for adults in legal or actual control of a child who may find a form of this nature useful in specific situations. No person or district is required to use this form, or any power of attorney form, nor can a district mandate its use as a condition for enrollment of a child. Such a power of attorney may be effective for six (6) months at a time, although a new power of attorney may be created upon its expiration. It is recommended that a person consult their own attorney before using any legal form.
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
History
- Effective 2017-06-06
Chapter 20 Approval of Teacher Education Programs
Neb. Admin. Code tit. 92, ch. 20 Approval of Teacher Education Programs {#sec-92-nac-20 omnilex-key=us-ne-regs-official--title-92--92 NAC 20}
001 General Information .
001.01 Statutory Authority. This chapter is adopted pursuant to Neb. Rev. Stat. § 79-318.
001.02 Scope and Application. This chapter provides procedures for the approval of educator preparation programs conducted in Nebraska standard institutions of higher education and designed for the purpose of certificating teachers and administrators and other professional school personnel requiring certification.
001.03 Related Regulations. Throughout this chapter reference is made to other Department of Education regulations relating to teachers and administrators. Procedures for the issuance of certificates to teach, counsel, or supervise in Nebraska schools are contained in Title 92, Nebraska Administrative Code (NAC), Chapter 21. 92 NAC 24 contains regulations regarding the issuance of endorsements on teaching, administrative, or special services certificates in Nebraska. 92 NAC 27 contains regulations and standards for professional practices criteria. Electronic access to these regulations is available from the Department at https://www.education.ne.gov/legal/current-nde-rules-regulations/.
001.04 Implementation Date. The implementation date of this chapter will be the effective date of approval.
001.05 Technical assistance document for dyslexia. Electronic access to the document is available from the Department at https://education.ne.gov/ela/dyslexia-guide/.
002 Definition of Terms . As used in this chapter:
002.01 Academic year means a school year which consists of two (2) regular consecutive semesters that occur from fall through spring.
002.02 Accreditation means the status of public recognition that an accrediting agency grants to an educational institution and is recognized by the United States Department of Education.
002.03 Advanced program means a program at the postbaccalaureate level for (a) educators who have previously completed initial preparation or (b) the preparation of other school professionals.
002.04 Board means the State Board of Education.
002.05 Candidate means an individual admitted to, or enrolled in, a program for the initial or advanced preparation or the continuing professional development of educators.
002.06 Certificate means a teaching, administrative, or special services certificate issued by the Department pursuant to 92 NAC 21.
002.07 Clinical practice means a culminating, supervised experience that provides a candidate with opportunities to demonstrate competence in the professional role for which the candidate is preparing and that includes student teaching or an internship.
002.08 Commissioner means the State Commissioner of Education.
002.09 Cooperating educator means an educator employed in a setting utilized for a clinical practice who has the appropriate certification and experience to perform observation, coaching, mentoring, and/or evaluation of a candidate.
002.10 Coursework means the experiences required to complete the preparation program and may include class instruction, field experiences, or other required activities.
002.11 Credit hour means the equivalent of fifteen (15) instructional class periods of fifty (50) minutes or more.
002.12 Department means the State Department of Education, which is comprised of the Board and the Commissioner.
002.13 Diversity means differences among groups of people and individuals based on ethnicity, race, socioeconomic status, gender, exceptionalities, language, religion, sexual orientation, and/or geographical areas.
002.14 Educator means a holder of a teaching, administrative or special services certificate.
002.15 Educator certificate means a certificate issued pursuant to standards comparable and equivalent to those in 92 NAC 21.
002.16 Educator preparation program means the system of procedures, coursework, and activities in a college, school, or department of an approved standard institution of higher education that result in the initial or advanced preparation of teachers, administrators, and other school professionals.
002.17 Endorsement means an area of specialization indicated on a certificate issued pursuant to 92 NAC 21 signifying that the individual has met specific content preparation requirements contained in 92 NAC 24.
002.18 Exceptional expertise requirement means documented scholarship, skill, or experience in the priorities set by the educator preparation program, such as content specialization, diversity, assessment, or technology.
002.19 Evidence-based practices means program or instructional practices that are backed by reliable, trustworthy, and valid evidence. For reading instruction, this means a systematic, sequential, research-based system of explicit literacy instruction.
002.20 Faculty means all professional education faculty, including adjunct faculty and graduate students, employed by a standard institution of higher education who teach one or more courses in professional education and/or supervise field experiences.
002.21 Field experience means an opportunity for candidates to observe, assist, tutor, instruct, and/or conduct research to develop professional education knowledge, skills, and dispositions. Field experiences include practicum and clinical practice requirements. Field experiences are designed and implemented through collaboration with school partners and faculty and occur in school systems or other settings serving students.
002.22 Initial program means a program at the baccalaureate or postbaccalaureate level that prepares candidates for their first certificate. They include five-year programs, master’s programs, and other postbaccalaureate and alternate route programs that prepare individuals for their first certificate.
002.23 Internship means a clinical practice in which candidates practice and demonstrate the knowledge, skills, and professional dispositions required for advanced programs.
002.24 Practicum means a field experience completed prior to a candidate’s clinical practice.
002.25 Professional dispositions means candidate attitudes, values, and beliefs demonstrated in interactions with students, families, educators, and communities consistent with ethical performance criteria contained in 92 NAC 27.
002.26 Professional education coursework means coursework, including field experience, designed to develop educator competencies, including, but not limited to, student development, learning differences, learning environments, content knowledge and its application, assessment, planning for instruction, instructional strategies, collaboration, and ethical practice.
002.27 School partner means school systems and other education programs that collaborate with the educator preparation program in designing, developing, and implementing field experiences, delivery of instruction, and research.
002.28 School system means an institution that is accredited or approved by the Department to provide instruction at any level PK-Grade 12, including an educational service unit accredited by the Department.
002.29 Science of reading means a vast interdisciplinary body of scientifically-based research about reading and issues related to reading and writing.
002.30 Special authorization means a process by which the Department may grant approval for a standard institution of higher education to offer a pilot endorsement program.
002.31 Standard institution of higher education, or institution has the same meaning as in Neb. Rev. Stat. § 79-807.
002.32 Student teaching means a clinical practice in a school system which provides an initial preparation candidate with an experience to demonstrate competence in the professional role for which the candidate is preparing.
002.33 Terminal degree means the highest degree available in a specific field of preparation or recognized by the profession.
003 Requirements for Educator Preparation Program Approval
003.01 Original Educator Preparation Program Approval
003.01A Letter of Application and Institutional Planning Report. Any Nebraska institution of higher education may apply for approval of its educator preparation program by submitting a letter of intent to seek approval and an Institutional Planning Report (IPR) signed by the chief academic officer of the institution on behalf of the governing board of the institution. These documents must be received by the Commissioner on or before January 15 of the calendar year in which the institution seeks to begin the approval process.
003.01B Governing Board Approval. The IPR must include documentation that the governing board of the institution has approved the plans and a time table whereby the institution will meet each of the requirements to become a standard institution of higher education within four (4) years.
003.01C Chapter 20 Compliance. The IPR must include the procedures and time table for compliance with the requirements in Sections 004 through 007 of this chapter.
003.01D Collaboration and Support of School Systems. The IPR must contain statements of support from school systems documenting their collaboration and assistance in planning to provide field experiences which meet the requirements of this chapter and 92 NAC 24.
003.01E The IPR must contain documentation that the institution is accredited.
003.02 Initial Provisional Approval
003.02A The Commissioner, after receiving the institution’s request to begin the process of becoming a standard institution of higher education, must appoint a team to visit the institution and report on the institution's ability to comply with the provisions of this chapter.
003.02A1 The team must schedule a visit to the institution within sixty (60) days after receiving the IPR.
003.02A2 The team must file a recommendation with the Commissioner within sixty (60) days after the scheduled visit to the institution.
003.02A3 Following a review of the institutional visit report, the Commissioner must file a recommendation with the Board regarding the application and notify the institution of the recommendations. Notification must be sent by certified mail to the chief academic officer of the institution. The institution will have thirty (30) days after receipt of the recommendation to request an opportunity for a hearing before the Board as provided in Section 008 of this chapter.
003.02A4 Following a review of the Commissioner’s recommendation, and after giving the institution an opportunity for a hearing, if requested, the Board must either approve or deny the institution’s implementation of the plan under provisional approval. Provisional approval permits the institution to phase in an educator preparation program, excluding clinical practice, over a period of time not to exceed three (3) years.
003.03 Continuing Provisional Approval
003.03A Provisional Approval Report. By March 1 of each year during provisional approval, the institution must file the Provisional Approval Report with the Commissioner which includes:
003.03A1 Documentation of written notification made to all candidates taking education courses that the institution has provisional approval, but is not yet approved for recommending certification;
003.03A2 Statements of continuing participation by the school systems in which the institution is placing candidates for field experiences; and
003.03A3 Documentation of the degree to which the institution is in compliance with all applicable sections of this chapter, excluding clinical practice; 92 NAC 23; and 92 NAC 24. The Provisional Approval Report must also indicate how, in each succeeding year, the institution is progressing toward total compliance, excluding clinical practice.
003.03B The Commissioner may respond each year with a scheduled visit by a team or staff, to the institution within sixty (60) days after receiving the Provisional Approval Report.
003.03C The team or staff conducting such a visit must file a recommendation with the Commissioner within thirty (30) days after a scheduled visit.
003.03D Following a review of the report, the Commissioner must file a recommendation with the Board regarding the application and notify the institution of the recommendations. Notification must be sent by certified mail to the chief academic officer of the institution. The institution will have thirty (30) days after receipt of the recommendation to request an opportunity for a hearing before the Board as provided in Section 008 of this chapter.
003.03E Following a review of the Commissioner's recommendation, and after giving the institution an opportunity for a hearing, if requested, the Board must either approve or deny continuation of provisional or recommend temporary approval.
003.04 Temporary Approval to Offer an Educator Preparation Program. If the Commissioner recommends and the Board concurs, the institution may be granted a one (1) year temporary approval. Temporary approval allows the institution to place candidates and to recommend graduates of the program to the Department for certification. Temporary approval may be renewed on a yearly basis for a maximum of three (3) years, using the process found in Sections 003.04A through 003.04F of this chapter for each of these years.
003.04A By March 1 of each year in which the institution is operating with temporary approval, the institution must file a Temporary Approval Report with the Commissioner. The Temporary Approval Report must document complete compliance with all applicable sections of this chapter and 92 NAC 24.
003.04B The Commissioner may respond with a scheduled visit by a team or staff, to the institution within sixty (60) days after receiving the Temporary Approval Report.
003.04C The team or staff conducting such a visit must file a recommendation with the Commissioner within thirty (30) days after the scheduled visit.
003.04D Following a review of the report, the Commissioner must file a recommendation with the Board regarding the application and notify the institution of the recommendations. Notification must be sent by certified mail to the chief academic officer of the institution. The institution will have thirty (30) days after receipt of the recommendation to request an opportunity for a hearing before the Board as provided in Section 008 of this chapter.
003.04E Following a review of the Commissioner's recommendation, and after giving the institution an opportunity for a hearing, if requested, the Board must exercise one of the following options: (a) approve the institution as a standard institution of higher education, (b) grant it temporary approval for another year, or (c) deny the institution further status as an educator preparation program.
003.04F Once the Board has approved the institution as a standard institution of higher education, the institution is subject to the provisions in Section 003.05 of this chapter.
003.05 Continuing Approval of an Educator Preparation Program. Continuing approval will be for the period of August 1 through July 31 of the next year and will be conditional upon the institution’s compliance with the requirements in Sections 003 through 007 of this chapter. An institution’s failure to meet a numbered regulation will be considered a violation and will be subject to the provisions of Section 003.05D of this chapter.
003.05A Annual Board Approval. The institution must submit a list of endorsements offered, program outcomes, assurance of compliance, and correction of areas of non-compliance, if applicable, by May 15 of each year. Recommended forms may be found on the NDE Educator Preparation website.
003.05B Site Review. The State Department of Education staff may conduct periodic onsite visits to educator preparation programs to review and determine compliance with the provisions of this Chapter and other Department of Education regulations relating to teachers and administrators.
003.05C State Program Review. At least once every seven (7) years, the Commissioner must conduct a full review of the educator preparation program , including both an offsite and an onsite component, to determine compliance with all applicable provisions of this chapter and 92 NAC 24.
003.05C1 The state program review must be conducted by a state team, appointed by the Commissioner, which includes representation from the Nebraska Council on Teacher Education (NCTE), persons with content knowledge in the endorsement areas offered by the educator preparation program, and Department staff.
003.05C2 For institutions participating in a national accreditation review of educator preparation programs, the state program review must be conducted to coordinate with the national accreditation process.
003.05C3 Offsite Review
003.05C3a Institutional Report. Qualitative and quantitative information regarding compliance with the requirements of Sections 004 through 007 of this chapter must be submitted on a schedule established by the Commissioner. Recommended forms may be found on the NDE Educator Preparation website.
003.05C3b Endorsement Program Folios. Information regarding each endorsement program offered by the institution must be submitted on a schedule established by the Commissioner. Recommended forms may be found on the NDE Educator Preparation website. Folio information must include:
003.05C3b1 Documentation of compliance with the endorsement requirements in 92 NAC 24;
003.05C3b2 Quantitative and qualitative candidate assessment and performance information; and
003.05C3b3 Changes made in response to data regarding candidate or graduate performance and/or in response to the needs of school systems.
003.05C4 Onsite Review. An onsite review must be conducted to validate information submitted by the institution in response to Section 003.05B3 of this chapter or to acquire additional information to determine compliance with the provisions of this chapter and 92 NAC 24.
003.05C5 Results of the state program review must be reported to the Board during the annual approval meeting.
003.05D Correction of Areas of Noncompliance. Upon confirmation of an area of noncompliance, the institution will have 30 days to submit an initial plan of correction. The institution will have six months from the date of confirmation of an area of noncompliance to provide evidence of compliance or evidence of significant progress toward compliance. The institution must submit evidence of compliance within one year from the date of confirmation of an area of noncompliance.
003.05D1 Approval on Probation. The Commissioner may recommend to the Board approval on probation for an institution with an uncorrected area of noncompliance anytime after one year from the date of confirmation of an area of noncompliance or if the institution has not provided evidence of significant progress toward compliance within six months from the date of confirmation of an area of noncompliance or if the institution does not submit an initial plan of correction within 30 days of confirmation of an area of noncompliance.
003.05D1a Notification to Students. The Board may require an institution to notify current and prospective students of the approval on probation designation. Such notification must be sent to students within 30 days of the requirement being imposed by the Board. The notification must indicate the program will not lead toward certification if there is a denial of approval.
003.05D2 Suspension of Approval. The Commissioner may recommend to the Board the suspension of approval for an institution with an uncorrected area of noncompliance after one year following a designation of approval on probation.
003.05D2a Notification to Students. Institutions must, within 30 days of receiving notice of a suspension of approval by the Board, notify current and prospective students of the suspension of approval. The notification must indicate the program will not lead toward certification if there is a denial of approval. For students whose acceptance into the educator preparation program occurs while a suspension of approval is in effect, professional education credits earned at the institution in the educator preparation program while the institution is on suspension will not be recognized for purposes of certification or endorsements.
003.05D3 Denial of Approval. The Commissioner may recommend to the Board denial of approval for an institution with uncorrected areas of noncompliance after one year following notice of a designation of approval on probation or suspension of approval.
003.05D4 Notification and Appeal. The Commissioner must notify the chief academic officer of the institution of a recommendation for an approval on probation, suspension of approval, or denial of approval in writing by certified mail. The institution will have thirty (30) days after receipt of the recommendation to request an opportunity for a hearing as provided in Section 008 of this chapter.
003.06 Special Endorsement Authorization. A Nebraska standard institution of higher education may apply for approval of a special authorization to offer an endorsement program not included in 92 NAC 24.
003.06A Application for Approval. An application must be received by the Commissioner on or before January 15 of the calendar year in which the institution seeks to begin the new endorsement program.
003.06A1 The application must include justification of interest and need for the proposed new endorsement program, educator competencies appropriate for the proposed new endorsement program, a list of the required courses that will address the competencies and accompanying syllabi, and the timetable for candidates’ completion of the proposed new endorsement program.
003.06A2 The application must contain statements of support from school systems documenting the school systems’ collaboration and assistance in planning to provide field experience placements which meet the requirements of this chapter and 92 NAC 24.
003.06A3 Within thirty (30) days from receipt of the application, the Commissioner must assign a team to assess the information provided in the application, which may include a visit to the institution. The team must include members representing the Nebraska Council on Teacher Education (NCTE) and persons with content knowledge in the proposed endorsement area.
003.06A4 The team must file a recommendation with the Commissioner for denial of the application or provisional approval.
003.06A5 The Commissioner must provide written notification by certified mail of the decision to the chief academic officer of the institution by May 1. The institution will have thirty (30) days after receipt of the notification to request a meeting with the Commissioner if the decision is to deny approval. Following the meeting, the Commissioner must inform the institution in writing if the decision to deny is upheld.
003.06B Provisional Approval of a Special Endorsement Authorization.
003.06B1 Following provisional approval by the Commissioner, the institution may phase in the new endorsement program, excluding clinical practice, over a period of time not to exceed three (3) years.
003.06B2 By March 1 of each year following provisional approval, the institution must file a written progress report on the program with the Commissioner which must include:
003.06B2a Enrollment data and documentation of written notification to the candidates stating that the institution has provisional approval and describing candidate recourse if the program is eliminated;
003.06B2b Statements of continuing participation from school systems for placement of candidates for field experiences; and
003.06B2c Reaffirmation or updated information regarding elements in Sections 003.06A1 and 003.06A2 of this chapter.
003.06B3 The review team identified in Section 003.06A3 of this chapter must review the progress report, which may include an onsite visit, and file a recommendation of denial, continued provisional approval, or temporary approval with the Commissioner within thirty (30) days following the review.
003.06B4 The Commissioner must provide written notification by certified mail of the decision to the chief academic officer of the institution by May 1. The institution will have thirty (30) days after receipt of the notification to request a meeting with the Commissioner if the decision is to deny approval. Following the meeting, the Commissioner must inform the institution in writing if the subsequent decision to deny is upheld.
003.06C Temporary Approval of a Special Endorsement Authorization.
003.06C1 Following temporary approval by the Commissioner, the endorsement program may place candidates and recommend completers of the program for certification by the Department.
003.06C2 By March 1 of each year following temporary approval, the institution must file a written progress report on the program with the Commissioner. The progress report must include:
003.06C2a Enrollment data and documentation of written notification to the candidates stating that the institution has temporary approval and describing candidate recourse if the program is eliminated;
003.06C2b Statements of continuing participation from school systems for placement of candidates for field experiences; and
003.06C2c Reaffirmation or updated information regarding elements in Sections 003.06A1 and 003.06A2 of this chapter.
003.06C3 The review team identified in Section 003.06A3 of this chapter must review the progress report, which may include an onsite visit, and file a recommendation with the Commissioner to (a) continue temporary approval until the endorsement is placed in 92 NAC 24, (b) return to provisional status, or (c) deny any further approval.
003.06C4 By May 1, the Commissioner must consider the team’s recommendation and provide written notification by certified mail to the chief academic officer of the institution of the decision to (a) renew temporary approval for a period not to exceed three (3) years, (b) return the endorsement to provisional status, (c) deny further approval and the reasons for the decision, or (d) recommend the special authorization be moved forward for inclusion in 92 NAC 24.
003.06C5 The institution will have thirty (30) days after receipt of the notification to request a meeting with the Commissioner if the decision is to deny approval. Following the meeting, the Commissioner must inform the institution in writing if the decision to deny is upheld.
004 Educator Preparation Program Requirements .
004.01 General Policy Statements. The institution must have a written policy stating its objectives which delineates its goals and commitment to the preparation of educators. Not all of the programs for the preparation of school personnel need to be administratively located within the educator preparation program; however all professional education programs must be organized and coordinated by the educator preparation program.
004.02 Personnel Requirements.
004.02A Program Administrator. The institution must designate an individual to administer the professional educator preparation program. This individual is required to hold, qualify for, or have held an educator certificate.
004.02B Certification Officer. The institution must designate a faculty or staff member to receive correspondence regarding this chapter and to oversee the submission of certified records, transcripts, reports, and/or recommendations to the Department for the purpose of certification and/or endorsement.
004.02C Field Experience Coordinator. The institution must designate a faculty or staff member to coordinate field experience requirements contained in this chapter.
004.02D Cooperating Educators. The institution must ensure that cooperating educators employed by school systems or other field-based settings have a minimum of three (3) years of education employment experience and hold an appropriate certificate with an endorsement in the area or level they are supervising.
004.03 Educator Preparation Program Faculty Requirements.
004.03A Minimum Required Faculty
004.03A1 Undergraduate faculty. There must be a minimum of three (3) full-time professional education faculty.
004.03A2 Graduate faculty. Each advanced degree program leading to the doctorate must have at least three (3) full-time professional education faculty members who have earned the doctorate in the field of specialization for which the degree is offered.
004.03B Faculty Qualifications
004.03B1 All professional education faculty must hold a graduate degree or a professional degree from a college or university accredited by an accrediting organization recognized by the United States Department of Education.
004.03B2 The preparation, research, and experience of each faculty member must be in the field in which the faculty member teaches.
004.03B3 All professional education faculty, hired after July 1, 1994, must have two (2) years of PK-12 teaching experience in elementary or secondary schools approved or accredited by a state or in similarly constituted and governed schools in a state where non-public schools are not recognized by the state. Faculty who do not possess two (2) years of PK-12 teaching experience must meet the exceptional expertise requirement.
004.03B4 At least one-third of the full-time undergraduate faculty must hold a terminal degree.
004.03B5 At least one-half of full-time graduate faculty must hold a terminal degree.
004.03B6 All faculty in programs which grant the sixth year specialist’s certificate or doctorate degree must hold the doctorate and have two (2) years of teaching or school administration experience.
004.03B7 Faculty who do not possess a terminal degree must meet the exceptional expertise requirement.
004.03B8 Adjunct faculty utilized for clinical experience supervision must hold or have held appropriate certification for the area or level which they are supervising.
004.03C Faculty Load
004.03C1 For undergraduate faculty, assignments for teaching, supervision of clinical experience, and administration must not exceed twenty-four (24) credit hours within the same academic year for a full-time equivalent undergraduate faculty member except as provided in Section 004.03C3 of this chapter.
004.03C2 For graduate faculty, assignments for teaching, supervision of clinical experience, and administration must not exceed eighteen (18) credit hours within the same academic year for a full-time equivalent graduate faculty member with the exception stated in Section 004.03C3 of this chapter.
004.03C3 For faculty teaching a combination of undergraduate and graduate assignments, the load may be a proration of twelve (12) undergraduate and nine (9) graduate credit hours, with total hours assigned within the same academic year not to exceed twenty-one (21) hours.
004.03C4 Supervision of clinical experiences must not exceed a ratio of eighteen (18) full-time equivalent candidates to one (1) full-time equivalent faculty member within one (1) semester.
004.04 Minimum Endorsement Offering Requirements. The institution must offer courses for a minimum of eight (8) approved subject and/or field endorsements contained in 92 NAC 24 and have on file a plan of study documenting that required courses are offered on a schedule to enable candidates access to the coursework in a four (4) year period.
004.05 Library Requirements. Library holdings, curriculum materials, and related technology resources must provide adequate scope, breadth, and currency to support education candidates and faculty. The institution must employ staff to work collaboratively with the educator preparation program to acquire relevant and current resources and to provide support services for material utilization.
004.06 Policies for Program Admission, Progression, and Completion. The institution must have on file, and systematically communicate to all candidates, specific requirements regarding candidate admission, progression, and completion of the educator preparation program, including:
004.06A Disclosure. The institution must require the prospective candidate to disclose all criminal convictions, except traffic offenses.
004.06B Notice Regarding Convictions. The institution must inform all persons who apply for admission to its program that persons who have felony convictions or misdemeanor convictions involving abuse, neglect, or sexual misconduct, as outlined in 92 NAC 21, Section 003.14, may only be considered for certification, or participation in field experiences, with the approval of the Department. A person with a felony conviction or a misdemeanor conviction involving abuse, neglect, or sexual misconduct may request the approval of the Department using the procedures set forth in 92 NAC 21, Sections 010.02 through 010.04.
004.06C Criminal Background Check. The institution must conduct or verify an official criminal background check on candidates prior to admission to an initial teacher educator preparation program.
004.06D Grade Point Average.
004.06D1 Candidates must hold a cumulative GPA, as measured by the institution, of 2.5 on a 4.0 scale or its equivalent for admission to an educator preparation program.
004.06D2 Candidates for admission to clinical practice must hold a cumulative GPA, as measured by the institution, of at least 2.75 on a 4.0 scale or its equivalent.
004.06E Application. Candidates for admission to an educator preparation program must complete an application process which includes consideration of components identified in Section 004.06 of this chapter and other institution-determined criteria for selection, such as recommendations from professional educators, interviews, or essays.
004.06F Performance Assessments. The institution must identify the performance standards and assessments for successful progression and completion of the education programs offered by the educator preparation program.
005 Teacher Preparation Academic Program Requirements .
005.01 General Education Requirements. The institution must require all candidates meet the institution’s general education requirements, which may also be used to meet endorsement requirements.
005.02 Professional Education Requirements. The educator preparation program must identify required coursework and/or competency leading to candidate demonstration of the following:
005.02A Student Development. The candidate understands how students grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences;
005.02B Learning Differences. The candidate uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each student to meet high standards;
005.02C Learning Environments. The candidate works with others to create environments supporting individual and collaborative learning, and encouraging positive social interaction, active engagement in learning, and self-motivation;
005.02D Content Knowledge. The candidate understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make these aspects of the discipline accessible and meaningful for students to assure mastery of the content, including the ability to integrate the Nebraska Content Standards (92 NAC 10 Appendices A-D) into instruction;
005.02E Application of Content. The candidate understands how to connect concepts and use differing perspectives to engage students in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues;
005.02F Assessment. The candidate understands and uses multiple methods of assessment to engage students in their own growth, to monitor student progress, and to guide the candidate’s and student’s decision making;
005.02G Planning for Instruction. The candidate plans instruction supporting every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, technology, and pedagogy, as well as knowledge of the student and the community context;
005.02H Instructional Strategies. The candidate understands and uses a variety of instructional strategies to encourage students to develop deep understanding of content areas and their connections, build reading and writing skills, and to apply knowledge in meaningful ways. This includes developing competency for utilizing technology for instruction, assessment, and communication;
005.02I Professional Learning and Ethical Practice. The candidate engages in ongoing professional learning, models ethical professional practice, and uses evidence to continually evaluate his/her practice, particularly the effects of his/her choices and actions on others (students, families, other professionals, and the community), and adapts practice to meet the needs of each student;
005.02J Leadership and Collaboration. The candidate seeks opportunities to take responsibility for student learning, to collaborate with students, families, colleagues, other school professionals, and community members to ensure student growth, and to advance the profession;
005.02K Human Relations. The candidate has met the human relations requirement as defined in Neb. Rev. Stat. § 79-807 and as required by Neb. Rev. Stat. § 79-808;
005.02L Special Education. The candidate has met the special education requirement. Special education requirement has the same meaning as special education training in Neb. Rev. Stat. § 79-807 and as required by Neb. Rev. Stat. § 79-809;
005.02M Foundational Literacy. The candidate will have developed consistent, systematic, and explicit routines grounded in the science of reading to ensure the delivery of evidence-based practices for all learners organized into two categories - Foundational Skills and Language Comprehension - that can be used across all tiers of instruction within a locally determined curriculum aligned to Nebraska's College and Career Ready Standards for English Language Arts.
005.02N Instruction in Dyslexia. The candidate has met the instruction in dyslexia requirement as required in Neb. Rev. Stat. § 79-11,158.
005.03 Field Experience. The educator preparation program must require practicum and clinical experiences that provide candidates opportunities to work with students and school partners to develop knowledge, skills, and professional dispositions. Field experiences are central to candidate preparation and must provide opportunities to work with diverse students which may include, but is not limited to, differences based on ethnicity, race, socioeconomic status, gender, exceptionalities, and language. These experiences range from candidate interaction with students to assuming responsibility for instructional planning and implementation, and assessment of student learning.
005.03A Practicum experience consists of a minimum of one hundred (100) clock hours of contact with students. Field-based practicum experiences are completed prior to clinical practice and provide opportunities for candidates to observe, assist, tutor, instruct, or conduct research. Practicum experiences may occur in settings such as school systems, or other settings serving students.
005.03B Clinical Practice. The educator preparation program must require a clinical practice experience for initial teacher certification in which candidates demonstrate knowledge, skills, and professional dispositions by assuming responsibility for whole class instruction in the area of the endorsement and within the grade level for which they are preparing.
005.03B1 The educator preparation program must have a clear statement of policies and procedures relating to clinical practice available, together with the Standards for Professional Practices Criteria in 92 NAC 27, to all persons involved in the clinical practice experience.
005.03B2 All clinical practice must be conducted in a Nebraska school system, or in an approved, accredited, or otherwise legally operated school in another state or country where teachers and administrators in the school are required by law or regulation to be certificated by the state or nation’s educational authority.
005.03B3 The educator preparation program must engage with school partners on a regular and ongoing basis to develop and communicate the roles and responsibilities of candidates, college supervisors, cooperating educators, and other school personnel; to provide opportunities for school partners to provide input to the program regarding candidate placements, candidate performance, and program improvement; and to develop opportunities for faculty and school-based educators to work collaboratively to enhance candidate development.
005.03B3a The educator preparation program must negotiate written agreements delineating the roles and responsibilities of candidates in clinical practice, college supervisors, and the cooperating educators.
005.03B4 The educator preparation program must require a clinical practice experience equivalent to:
005.03B4a A minimum of one (1) semester (at least fourteen (14) full-day weeks) for one (1) field endorsement; one (1) field endorsement and one (1) subject endorsement which is a content area specified in the field endorsement and is at the same grade level; or up to two (2) subject endorsements at the same grade level;
005.03B4b A minimum of eighteen (18) full-day weeks for two (2) field endorsements; one (1) field endorsement and one (1) subject endorsement which is not a content area specified in the field endorsement; one (1) field endorsement and one (1) subject endorsement which is a content area specified in the field endorsement but is not at the same grade level; or two (2) subject endorsements which are not at the same grade level; and
005.03B4c A minimum of an additional nine (9) full-day weeks for each field or subject endorsement added to those described in Section 005.03B4a or Section 005.03B4b of this chapter.
005.03B5 The educator preparation program must ensure that a minimum of five (5) formal observations by faculty are conducted during clinical practice for candidates preparing for initial level teaching certification. Two (2) observations must be onsite and three (3) of the observations may be conducted utilizing technology which allows for visual contact between the parties.
005.03C Speech Language Pathology and School Psychologist Preparation Programs at the Initial Teacher Certification Level Field Experience. The educator preparation program must ensure that a minimum of three (3) formal onsite observations by faculty are conducted.
006 Administrator Program Academic Requirements .
006.01 Education Preparation Administrative Academic Program Requirements. The educator preparation program must identify required coursework and/or competency leading to candidate demonstration of the following:
006.01A Mission, Vision and Core Values. The candidate develops, advocates, and enacts the shared mission, vision, and core values of high-quality education, academic success, and the well-being of each student.
006.01B Ethics and Professional Norms. The candidate acts ethically and according to professional norms to promote each student’s academic success and well-being.
006.01C Equity and Cultural Responsiveness. The candidate strives for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.
006.01D Curriculum, Instruction, and Assessment. The candidate develops and supports intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being.
006.01E Community of Care and Support for Students. The candidate develops and supports intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being.
006.01F Professional Capacity of School Personnel. The candidate develops the professional capacity and practice of school personnel to promote each student’s academic success and well-being.
006.01G Professional Community for Teachers and Staff. The candidate fosters a professional community of teachers and other professional staff to promote each student’s academic success and well-being.
006.01H Meaningful Engagement of Family and Community. The candidate engages families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.
006.01I Operations and Management. The candidate manages school operations and resources to promote each student’s academic success and well-being.
006.01J School Improvement. The candidate acts as an agent of continuous improvement to promote each student’s academic success and well-being.
006.02 Advanced Program Field Experience.
006.02A The educator preparation program must have a clear statement of policies and procedures relating to field experiences which shall be made available, together with the Standards for Professional Practices Criteria in 92 NAC 27, to all persons involved in the field experience.
006.02B The educator preparation program must require field experiences for advanced certification programs.
006.02C All clinical practice must be conducted in a Nebraska school system, or in an approved, accredited or otherwise legally operated school in another state or an English-speaking school in another country where teachers and administrators in the school are required by law or regulation to be certificated by the state or nation’s educational authority.
006.02D The educator preparation program must engage with school partners on a regular and ongoing basis to develop and communicate the roles and responsibilities of candidates, college supervisors, cooperating educators, and other school personnel; to provide opportunities for school partners to provide input to the program regarding candidate placements, candidate performance, and program improvement; and to develop the skills of faculty and school-based educators to work collaboratively to enhance candidate development.
007 Program Quality Indicators . The educator preparation program must establish a systematic process to address and document the following program quality indicators:
007.01 Candidate Admission and Completion. The educator preparation program utilizes information related to candidate admission, progression, completion, and graduate employment to document the institution’s continuing and purposeful expectations for candidate quality;
007.02 Content Knowledge. The educator preparation program utilizes candidate performance information to determine potential areas for improvement in content knowledge preparation of candidates;
007.03 Program Completer Follow-up. The educator preparation program utilizes a graduate follow-up process to obtain program completer input regarding satisfaction, relevance and effectiveness of their preparation for professional roles and responsibilities.
007.04 Employer Follow-up. The educator preparation program utilizes a process for collecting information from employers regarding satisfaction with the program and program completers;
007.05 Program Completer Support. The educator preparation program makes resources available to support its completers who are within the education profession; and
007.06 Continuous Program Improvement. The educator preparation program initiates continuous program improvement strategies based on regular analysis of data, current research, and/or as the result of engagement with PK-12 education partners regarding initiatives and challenges of PK-12 education.
008 Provisions for Notice and Hearing .
008.01 When the Commissioner makes a recommendation to the Board for approval on probation, suspension of approval, or denial of approval, notice of the recommendation and of the right to request a hearing within thirty (30) days after receipt must be given to the institution by certified mail. Copies must be sent to the certification officer and the chief executive officer, if known. This notice must specify the basis for the recommendation and the tentative date the Board will consider the recommendation unless a formal hearing is requested.
008.02 If the institution files a request for a formal hearing within thirty (30) days after receipt of the recommendation, the Board must schedule a hearing date. If no formal hearing is requested, the recommendation must be considered by the Board and adopted or modified by order of the Board.
008.03 All hearings arising under this chapter must be conducted in accordance with the hearing procedures of Chapter 61 of Title 92 of the Nebraska Administrative Code.
009 Pilot Programs and Processes . An educator preparation program may submit a request to the Board for a pilot program or process to provide flexibility related to one or more regulations found in Sections 004.01 to 004.05, 004.06D to 004.06F, 005, and 006 of this chapter.
009.01 The rationale for a request for a pilot program or process may be to:
009.01A Better meet local goals;
009.01B Create an innovative solution to an unmet need; or
009.01C Respond to extenuating circumstances that cause the educator preparation program to be unable to meet one or more requirement of any section of this chapter.
009.02 The request for a pilot program or process must include at least the following:
009.02A An explanation of the circumstances leading to the request;
009.02B A description of how the pilot program or process will substitute for one or more existing regulations;
009.02C An explanation of how the program or process will provide equivalent or improved opportunities for candidates;
009.02D If appropriate, how resources will be reallocated or used differently to provide programs or services;
009.02E The length of time, not to exceed three (3) years, requested for the pilot program or process; and
009.02F Procedures for providing an annual progress report to the Board.
009.03 The Board may approve the requested pilot program or process for up three (3) years if the plan demonstrates a high likelihood that the requested flexibility related to applicable regulations of this Chapter will promote quality learning, equity, and/or accountability. The Board must reject the pilot program or process if the plan does not demonstrate a high likelihood that the requested flexibility will not promote quality learning, equity, and/or accountability.
009.04 At the end of the approved time period for the pilot program or process, the educator preparation program may request, and be granted, Board approval to continue the pilot program for a period of up to three (3) additional years if the educator preparation program demonstrates that the pilot program or process is meeting the objectives for which flexibility related to applicable regulations of this Chapter was granted.
History
- Effective 2026-06-28
Chapter 21 Issuance of Certificates and Permits to Teach, Provide Special Services, and Administer in Nebraska Schools
Neb. Admin. Code tit. 92, ch. 21 Issuance of Certificates and Permits to Teach, Provide Special Services, and Administer in Nebraska Schools {#sec-92-nac-21 omnilex-key=us-ne-regs-official--title-92--92 NAC 21}
001 Scope and Authority
001.01 Statutory Authority. This chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-318, 79-806 through 79-815, 79-8,145, 79-8,145.01 and 79-1505.
001.02 Scope and Application. This chapter provides procedures for the issuance of Teaching, Administrative, and Special Services certificates and permits for use in accredited or approved Nebraska school systems. Except as otherwise provided in this subsection (001.02), any certificate or permit issued prior to the effective date of this rule will continue to be governed by the provisions of this chapter and the governing statutes as they existed at the time the certificate or permit was issued. Any certificate or permit valid on the effective date of this act with an August 31 expiration date will be considered valid until September 30 of the same year as the original August 31 expiration date.
001.03 Related Chapters. Throughout this chapter, reference is made to other Nebraska Department of Education regulations that relate to certification. Title 92, Nebraska Administrative Code, Chapter 20 (92 NAC 20), contains regulations for teacher education program approval. Title 92, Nebraska Administrative Code, Chapter 22 (92 NAC 22), contains regulations for the approval of credentialing organizations for teachers. Title 92, Nebraska Administrative Code, Chapter 24 (92 NAC 24), contains regulations relating to endorsements.
002 Definitions . As used in this chapter:
002.01 Administer means to manage or direct one or more of the offices, departments, or services of a Nebraska school system, or a comparable school system in another state;
002.02 Application means, unless otherwise required by the context, the Application for a Nebraska Educator Certificate or Permit Form, found on the Educator Certification website, which is properly signed by the applicant, all professional conduct and professional fitness questions are completed with answers that allow the issuance of a Nebraska certificate or permit under this chapter, is accompanied by the payment of the prescribed fee as provided in section 003.05 of this chapter, and is filed and recorded by the Department;
002.03 Approved program means a teacher education or educator preparation program approved pursuant to 92 NAC 20, approved in another state or country pursuant to standards which are comparable and equivalent to 92 NAC 20, or a program capable of meeting such standards;
002.04 Board means the Nebraska State Board of Education;
002.05 Certificate has the same meaning as in Neb. Rev. Stat. § 79-807;
002.06 Certification Officer means an employee designated by the chief academic officer or unit administrator of each standard institution of higher education with an approved program to receive correspondence regarding this chapter from the Department and to provide certified records, reports, and/or recommendations to the Department, as required, for the purpose of certification and/or endorsement;
002.07 Commissioner means the Nebraska Commissioner of Education;
002.08 Comparable and equivalent certificate means an unencumbered certificate, an administrative or special services certificate issued by another state, or a teaching, administrative or special services certificate issued by the U.S. Department of Defense or a foreign country pursuant to standards comparable and equivalent to those in this chapter. The certificate, for the purpose of supporting or justifying the initial issuance of a Nebraska certificate or permit, will be given the same consideration as if it were a Nebraska certificate;
002.09 Content area means college coursework taken by an individual for the purpose of gaining a college recommended endorsement on their Administrative, Teaching or Special Services certificate or permit;
002.10 Department means the Nebraska State Department of Education, which is comprised of the Board and the Commissioner;
002.11 Education-related coursework means any education preparation course from a standard institution of higher education, coursework in an applicant’s content area, or human relations training;
002.12 Educational service agency has the same meaning as in 20 U.S.C. § 1401(5). Educational service units are the educational service agencies in Nebraska.
002.13 Employment experiences means work by an individual as an employee (a) in an approved, accredited, or otherwise legally operated school while holding or qualifying to hold an unencumbered certificate or a regular certificate issued by the U.S. Department of Defense or a foreign country based upon the successful completion of an approved program; (b) in postsecondary education; or (c) in a community organization or agency that provides services to students;
002.14 Endorsement means an area of specialization indicated on a certificate issued pursuant to this chapter signifying that the individual has met specific requirements contained in 92 NAC 24;
002.15 Equivalent professional development means (a) structured professional development learning that supports teacher or administrator practices and improvements in student learning outcomes with fifteen (15) contact hours of such professional development verified by a Nebraska school administrator being equivalent to one semester hour or (b) two (2) years of full-time employment as a teacher or administrator being equivalent to three (3) semester hours;
002.16 Faculty member means a person who is employed to teach three credit hours or more per school year in an educator preparation program of a standard institution of higher education;
002.17 Governing body means the school board of a public school district, a board elected or appointed to provide direction to a nonpublic school, or an individual or corporate owner of a nonpublic school;
002.18 Human relations training has the same meaning as in Neb. Rev. Stat. § 79-807;
002.19 Nebraska school system means an institution that is accredited or approved by the Department to provide instruction at any grade level prekindergarten through grade twelve (12), an educational service unit accredited by the Department, or a special education service agency approved by the Department;
002.20 Permit means restricted authorization issued by the Commissioner to an individual who does not yet meet the qualifications for a regular certificate;
002.21 Postsecondary educational entity means a community college, a state college or university, or a regionally accredited nonprofit private postsecondary educational institution;
002.22 Regular certificate means an Initial, Standard, or Professional Nebraska certificate, or a comparable and equivalent certificate;
002.23 Resident means an individual who has established a home where the individual is habitually present and to which having departed therefrom, intends to return;
002.24 Service provider means an individual or service agency, excluding a school district or approved cooperative, provisionally approved by the Nebraska Department of Education or similar entity in another state;
002.25 Special education training has the same meaning as in Neb. Rev. Stat. § 79-807;
002.26 Standard institution of higher education has the same meaning as in Neb. Rev. Stat. § 79-807;
002.27 Teaching means, but is not limited to, the following responsibilities: (a) The organization and management of the classroom or the physical area in which the learning experiences of pupils take place; (b) the assessment and diagnosis of the individual educational needs of the pupils; (c) the planning, selecting, organizing, prescribing, and directing of the learning experiences of pupils; (d) the planning of teaching strategies and the selection of available materials and equipment to be used; and (e) the evaluation and reporting of student progress;
002.28 Teach or Administer full-time day means any day during which more than three (3) hours is spent teaching or in administration;
002.29 Teach or Administer half-time day means any day during which three (3) hours or less is spent teaching or in administration. For computation under this chapter, two (2) half-time days equal one (1) full-time day; and
002.30 Unencumbered certificate means an unencumbered license as defined in the Interstate Teacher Mobility Compact (Neb. Rev. Stat. § 79-1505, which is a current, valid authorization issued by another state allowing an individual to serve as a teacher in P-12 educational settings. An unencumbered license is not a restricted, probationary, provisional, substitute, or temporary credential.
003 General Provisions
003.01 Transcripts. An applicant must submit an official transcript of all college credit earned at a postsecondary institution outside of the state of Nebraska and used to fulfill the requirements of this chapter. Unless an official transcript is specifically required under this chapter for a certificate, permit, or renewal, an official transcript is not required from a Nebraska standard institution of higher education when a certification officer provides a recommendation to the Department for the purpose of certification.
003.02 Application, Good Moral Character, and Lawful Presence. To be issued a certificate or permit, the applicant must complete the application found on the Educator Certification website, be of good moral character, and meet the requirements of lawful presence in the United States as set forth in Neb. Rev. Stat. §§ 4-108 through 4-114, including, if necessary, completion of the United States Citizenship Attestation form, which is also found on the Educator Certification website.
003.03 Armed Forces Extension. Upon application, the Commissioner may extend the term of any certificate or permit of any person who has served in the armed forces of the United States or the spouse of such person as provided in Neb. Rev. Stat. § 79-803.
003.04 False Information. Failure by an applicant to submit accurate information in support of an application is cause for denial or revocation of such certificate or permit.
003.05 Fees. Applicants for a certificate or permit must pay the fees as set by the Commissioner.
003.06 Statement Signed by Certification Officer. A statement signed by a certification officer on forms provided by the Department may be accepted as evidence of completion of the academic requirements for issuance of a certificate or permit pursuant to this chapter or of an endorsement pursuant to 92 NAC 24. A recommended form (Institutional Verification) is available on the Educator Certification website.
003.07 Certificates Issued on The Basis of Equivalency. The Commissioner may issue any certificate or permit provided for herein to an applicant who files with the office of the Commissioner evidence of the required qualifications or of education and experience equivalent to the required qualifications.
003.08 Life or Permanent Certificates. The holder of a Life or Permanent certificate issued by the Department that submits an application seeking additional endorsement(s) shall have the Life or Permanent certificate converted to a Professional certificate.
003.09 Master of Arts in Teaching. The Master of Arts in Teaching (MAT) will be accorded equivalence with a baccalaureate degree when used for initial certification purposes in this chapter.
003.10 Mental Fitness. To be issued a certificate or permit, an applicant must not have an emotional or mental incapacity to practice the profession as evidenced by a legal adjudication or determination thereof by other lawful means. Such evidence shall be any of the following:
003.10A The applicant is, at the time of the consideration of the applicant’s fitness to hold a certificate or permit, a mentally ill and dangerous person under Neb. Rev. Stat. § 71-908 as evidenced by a declaration or order to that effect by a mental health board of this state, or as evidenced by a similar finding by a similar body of another state.
003.10B The applicant is, at the time of the consideration of the applicant’s fitness to hold a certificate or permit, a mentally ill individual as defined in Neb. Rev. Stat. § 20-162, or a similar determination has been made by similarly qualified mental health professional(s) of another state.
003.10C The applicant has been declared by a court as mentally incompetent in relation to standing trial for a criminal charge pursuant to Neb. Rev. Stat. §§ 29-1822 or 29-1823, or similar laws of another state, and has not been found by a court to have recovered from such incompetency.
003.10D The applicant has been acquitted of a criminal charge on the basis of a finding of insanity under Neb. Rev. Stat. § 29-2203 or similar laws of another state, unless a court, subsequent to such an acquittal, has found that the applicant is not dangerous to himself, herself, or others by reason of mental illness or defect and has released such person from court ordered treatment pursuant to Neb. Rev. Stat. §§ 29-3702 and 29-3703, or similar laws of another state.
003.10E A court has found the applicant to be an incapacitated person in need of a court appointed guardian pursuant to Neb. Rev. Stat. §§ 30-2601 and 30-2620, or similar laws of another state, and no court order has been entered that the applicant’s incapacity has terminated.
003.10F A court has appointed a conservator or made other protective order(s) in relation to the estate and property affairs of the applicant pursuant to Neb. Rev. Stat. § 30-2630 or similar laws of another state, and no court order has been entered that the disability of the applicant has ceased.
003.11 Denied, Suspended, or Revoked Certificates and Convictions. To be issued a certificate or permit, the applicant must not have:
003.11A An application for a certificate denied or currently have a certificate suspended or revoked by another jurisdiction
003.11B Any pending investigations or complaints against any certificate or permit; or
003.11C Any felony conviction, or any misdemeanor conviction involving abuse, neglect, or sexual misconduct as defined in sections 003.13 through 003.16 of this chapter.
003.12 Each applicant who is seeking the first issuance of a Nebraska certificate or permit and who has not been a resident of Nebraska for at least five (5) continuous years immediately preceding the date of application, must submit a complete, legible set of the applicant’s fingerprints and pay the prescribed fee established by the Board to the Department for processing a criminal history record check.
003.13 Felony Convictions. For purposes of this chapter, felony conviction means any felony offense under the laws of any jurisdiction, including misdemeanor convictions in other jurisdictions that would constitute a felony if committed in Nebraska.
003.14 Misdemeanor Convictions. For purposes of this chapter, a misdemeanor conviction involving abuse, neglect, or sexual misconduct means an offense under the laws of any jurisdiction, which, if committed in Nebraska, would constitute one of the following misdemeanors (with the applicable sections of the Revised Statutes of Nebraska in parentheses):
003.14A Abandonment; cruel neglect; harassment of a police animal (28-1009); 003.14B Abandonment of Spouse, Child, or Dependent Stepchild (28-705); 003.14C Assault (third degree) (28-310); 003.14D Child Abuse (28-707); 003.14E Child/Vulnerable Adult Contact with Methamphetamine (28-457); 003.14F Contributing to the Delinquency of a Child (28-709); 003.14G Debauching a Minor (28-805); 003.14H Domestic Assault (28-323); 003.14I Failure to Report Child Abuse/Neglect (28-717); 003.14J False Imprisonment (28-315); 003.14K Hazing (28-311.06); 003.14L Indecency with an Animal (28-1010); 003.14M Intimidation by Phone Call (28-1310); 003.14N Obscene Literature Distribution (28-813); 003.14O Obscene Motion Picture Show, Admitting Minor (28-809); 003.14P Prostitution (28-801); 003.14Q Public Indecency (28-806); 003.14R Resisting Arrest (28-904), when the conviction involves use or threat of physical force or violence against a police officer; 003.14S Sale of Obscene Material to Minor (28-808); 003.14T Sexual Assault (third degree) (28-320); 003.14U Sexually Explicit Conduct (28-813.01); 003.14V Solicitation of Prostitution (28-801.01); 003.14W Stalking (28-311.03); 003.14X Unlawful Intrusion (28-311.08); 003.14Y Violating a Harassment Protection Order (28-311.09); 003.14Z Violating a Protection Order (42-924); and 003.14AA Violence on a Service Animal (28-1009.01).
003.15 Other Convictions. For purposes of this chapter, in addition to the offenses listed above, felony convictions, and misdemeanor convictions involving abuse, neglect, or sexual misconduct will also include convictions related to such crimes, including (with the applicable sections of the Revised Statutes of Nebraska in parentheses):
003.15A Accessory to a Felony (28-204); 003.15B Aiding, Abetting, Procuring, or Causing Another to Commit an Offense (28-206); 003.15C Attempt to Commit a Crime (28-201); and 003.15D Criminal Conspiracy (28-202).
003.16 Pardons or Convictions Set Aside. Convictions which have been set aside, nullified, expunged, or pardoned are not to be considered convictions for purposes of this chapter, unless the laws of the jurisdiction of the conviction would allow the conviction to be used as the basis for denial of a certificate or permit to teach, administer, or provide special services in schools. However, the applicant must report such convictions on the Criminal Charges Self-Reporting Form, found on the Educator Certification website, as part of his or her application filed with the Department.
003.17 Withdrawal of Application. An applicant may request in writing that his or her application be withdrawn without refund of any fees submitted. The Department must notify the applicant in writing if the request will be granted. Any request granted by the Department ends consideration of that application and will not be subject to appeal pursuant to this chapter.
003.18 Expiration Dates.
003.18A The expiration date on a valid certificate or permit that was issued by the Department prior to January 1, 1964, is subject to the provisions of Neb. Rev. Stat. § 79-815.
003.18B A Professional Teaching certificate issued prior to July 11, 1977, is valid for the life of the holder unless otherwise provided in section 003.08 of this chapter.
003.18C A Temporary Teaching, Special Services, or Administrative certificate, issued pursuant to section 006.02A of this chapter, expires 180 days after issuance.
003.18D Except as provided in section 003.18A through 003.18C of this chapter, unless another certificate or permit replaces the certificate or permit or another action is taken affecting the certificate or permit, the expiration date for any certificate or permit is September 30 of the calendar year in which the certificate or permit expires. The calendar year in which a certificate or permit expires is:
003.18D1 For (a) a Conditional Administrative, Teaching, or Special Services permit or (b) a Provisional Special Services permit, the first calendar year following the calendar year during which the certificate or permit was issued or renewed;
003.18D2 For (a) an Alternative Teaching certificate, (b) a Temporary Teaching certificate issued pursuant to section 006.02B, 006.02C, or 006.02D of this chapter, or (c) an Alternative Program Administrative or Teaching permit, the second calendar year following the calendar year during which the certificate or permit was issued or renewed;
003.18D3 For (a) a Nebraska Entry Administrative permit, (b) a Career Education Teaching permit, (c) a Postsecondary Teaching permit, or (d) a Military, Administrative, Teaching, or Special Services permit, the third calendar year following the calendar year during which the certificate or permit was issued or renewed;
003.18D4 For (a) a Standard Teaching, Administrative, or Special Services certificate, (b) an Initial Teaching certificate, (c) a State or Local Substitute Teaching permit, or (d) a Special Services permit, the fifth calendar year following the calendar year during which the certificate or permit was issued or renewed;
003.18D5 For a Life or Permanent Teaching, Administrative, or Special Services certificate issued by another state, for purposes of Nebraska certification, the fifth calendar year after the calendar year in which the applicant’s last regular employment as a teacher or administrator occurred under the certificate; and
003.18D6 For a Professional Teaching or Administrative certificate, the tenth calendar year following the calendar year during which the certificate or permit was issued or renewed.
004 Administrative Certificates and Permits
004.01 Administrative Certificates and Permits, Types, General Requirements. The Department may issue Standard or Professional Administrative certificates, and Alternative Program or Nebraska Entry Administrative permits. Each applicant for any such Administrative certificate or permit may, depending on the type of certificate or permit, be required to:
004.01A Qualify for or hold a Nebraska Standard or Professional teaching certificate or a comparable and equivalent certificate;
004.01B Submit evidence of human relations training as defined by this chapter;
004.01C Submit evidence of special education training as defined in this chapter; and
004.01D Qualify for or be eligible to have one or more endorsements to administer pursuant to 92 NAC 24.
004.02 Standard Administrative Certificate. A Standard Administrative certificate is valid for teaching and administration in all Nebraska school systems, except that such certificate is valid for the position of superintendent of schools only if so endorsed.
004.03 Standard Administrative Certificate Requirements. Each applicant for a first Nebraska Standard Administrative certificate must:
004.03A Fulfill the requirements in section 004.01 of this chapter;
004.03B Have received a Master’s degree in Educational Administration or Educational Leadership, or received a subject area Master’s degree with completion of additional coursework in an approved program in the area(s) of endorsement sought by the applicant; and
004.03C Within five (5) years prior to the date of application:
004.03C1 Have received six (6) semester hours of graduate coursework recognized in 92 NAC 24 as meeting all or part of the requirements for an Administrative endorsement or equivalent professional development; or
004.03C2 Have administered half-time or more for two (2) consecutive school years in the same accredited, approved, or otherwise legally operated school or educational service agency in another state wherein the applicant qualified for or held a Standard Administrative certificate or its equivalent.
004.04 Professional Administrative Certificate. A Professional Administrative certificate is valid for teaching and administration in all Nebraska school systems, except that such certificate is valid for the position of superintendent of schools only if so endorsed.
004.05 Professional Administrative Certificate Requirements. Each applicant for a Professional Administrative certificate must:
004.05A Fulfill the requirements in section 004.01 of this chapter;
004.05B Hold a Master’s Degree;
004.05C Qualify for or hold a Standard Nebraska Teaching Certificate;
004.05D Qualify for or hold a Standard Nebraska Administrative certificate;
004.05E Complete:
004.05E1 A minimum of sixty (60) graduate hours in an approved Educational Administration or Educational Leadership program;
004.05E2 An Educational Specialist or doctorate program; or
004.05E3 A state approved program for the preparation of a Superintendent; and
004.05F Within five (5) years prior to the date of application:
004.05F1 Have received six (6) semester hours of graduate credit for coursework recognized in 92 NAC 24 as meeting all or part of the requirements for an Administrative endorsement; or
004.05F2 Have for two (2) consecutive school years:
004.05F2a Administered in the same accredited, approved, or otherwise legally operated school system or educational service agency;
004.05F2b Been employed as a faculty member in the educator preparation program of a standard institution of higher education as defined in section 002 of this chapter with employment verified by a written statement from the administrator of the teacher education preparation program; or
004.05F2c Been employed in the Department.
004.06 Standard and Professional Administrative Certificates. Renewal . Requirements. Each applicant for renewal of a Standard or Professional Administrative certificate must:
004.06A Fulfill the requirements in subsection 004.01A of this chapter;
004.06B Hold or have held a Nebraska Standard or Professional Administrative certificate ; and
004.06C Within five (5) years prior to the date of application:
004.06C1 Have administered half-time or more for one (1) school year:
004.06C1a In a Nebraska school system;
004.06C1b In a pre-kindergarten early childhood program which is required by law to employ certificated teachers;
004.06C1c In an accredited, approved, or otherwise legally operated school or educational service agency in another state; or
004.06C1d In a U.S. Department of Defense school system;
004.06C2 Have been employed as a faculty member in the educator preparation program of a standard institution of higher education as defined in section 002 of this chapter with employment verified by a written statement from the administrator of the teacher education preparation program;
004.06C3 Have been employed in the Department; or
004.06C4 Have received six (6) semester hours of graduate coursework or equivalent professional development in areas related to Educational Administration or Educational Leadership taken after the completion of the baccalaureate degree.
004.07 Alternative Program Administrative Permit. An Alternative Program Administrative permit is valid for teaching and administration in all Nebraska school systems, except that such certificate is valid for the position of superintendent of schools only if so endorsed. An Alternative Program Administrative permit may not be renewed.
004.08 Alternative Program Administrative Permit Requirements. Each applicant for an Alternative Program Administrative permit must:
004.08A Fulfill the requirements in subsections 004.01A through 004.01C of this chapter;
004.08B Submit a written request for the issuance of such permit from the superintendent of schools or the governing body of the Nebraska school system in which the applicant intends to administer;
004.08C Submit a signed and dated Alternative Program Administrative Permit form, found on the Educator Certification website.
004.08D Fulfill the requirements of one of the following pathways:
004.08D1 For pathway one, the applicant must have:
004.08D1a Completed at least fifty (50) percent of the credit hours required for completion of an approved program for the endorsement of curriculum supervisor or principal, or seventy five (75) percent of an approved program for an endorsement as superintendent sought by the applicant; or
004.08D2 For pathway two, the applicant must have:
004.08D2a Completed an approved program at a standard institution of higher education;
004.08D2b Held a regular administrative certificate; and
004.08D2c Prior to the expiration of the Alternative Program Administrative permit, submit an official transcript or other proof showing the completion of six (6) semester hours of graduate coursework or equivalent professional development in the areas of Educational Administration or Educational Leadership taken after the completion of a baccalaureate degree.
004.09 Nebraska Entry Administrative Permits. A Nebraska Entry Administrative permit is valid for administration in the school system, public or private, that requests the issuance of the permit. A Nebraska Entry Administrative permit may not be renewed. No individual may hold a Nebraska Entry Administrative permit for a cumulative total of more than three (3) school years. A Nebraska Entry Administrative permit may be transferred to a different school system pursuant to sections 004.12 and 004.13 of this chapter.
004.10 Nebraska Entry Administrative Permit Requirements. Each applicant for a Nebraska Entry Administrative permit must:
004.10A Fulfill the requirements in subsections 004.01A and 004.01D of this chapter;
004.10B Have received a Master's degree in Educational Administration or Educational Leadership, or received a subject matter Master's degree with completion of additional coursework in an approved program in the area(s) of endorsement sought by the applicant;
004.10C Hold a valid certificate or permit to administer that:
004.10C1 Is currently in force in another state; and
004.10C2 Has been held by the applicant for at least one (1) year;
004.10D Not have any pending investigations or complaints against any certificate or permit to teach or administer held by the applicant;
004.10E Submit a statement signed by a certification officer, or the equivalent in another state, as evidence of completion of the academic requirements for issuance of the applicant’s certificate or permit to administer in another state. A recommended form (Institutional Verification) is available on the Educator Certification website; and
004.10F Submit a written request for the issuance of a Nebraska Entry Administrative permit to the applicant from the superintendent of schools or the governing body of the school system in which the applicant intends to administer.
004.11 Nebraska Entry Administrative Permit Holder Requirements to Qualify for a Regular Certificate. To qualify for a regular (Standard or Professional) administrative certificate at the expiration of a Nebraska Entry Administrative permit, a permit holder must:
004.11A Fulfill the requirements in subsection 004.01A of this chapter;
004.11B If the permit holder had two (2) or more years of verified administrative experience prior to the issuance of the Nebraska Entry Administrative permit, submit evidence of:
004.11B1 The verified administrative experience that occurred prior to the issuance of the permit; and
004.11B2 Either:
004.11B2a Half-time or more employment as an administrator for three (3) consecutive years while holding a Nebraska Entry Administrative permit in the school system that requested the issuance of the permit; or
004.11B2b Completion of fifteen (15) semester hours of graduate level coursework in the areas related to Educational Administration or Educational Leadership while holding the Nebraska Entry Administrative permit;
004.11C If the permit holder did not have two or more years of verified administrative experience prior to the issuance of the Nebraska Entry Administrative permit, submit evidence of:
004.11C1 Fulfillment of the requirements in subsection 004.01D of this chapter; and
004.11C2 Completion of fifteen (15) semester hours of graduate level coursework in the areas related to Educational Administration or Educational Leadership while holding the Nebraska Entry Administrative permit.
004.12 Nebraska Entry Administrative Permit Holder Transfer to Another School System. A Nebraska Entry Administrative permit holder may apply to transfer the permit to another school system. The transfer of a Nebraska Entry Administrative permit does not change the permit’s expiration date or any requirements for a permit holder to subsequently qualify for a standard certificate.
004.13 Nebraska Entry Administrative Permit Holder Transfer to Another School System Requirements. Each Nebraska Entry Administrative permit holder applying to transfer the permit to another school system must:
004.13A Submit a statement of assurance signed by the permit holder that the permit holder will not abrogate any contract with the original school system if the transfer of the permit is granted; and
004.13B Submit a written request for the transfer of the applicant’s Nebraska Entry Administrative permit from the superintendent of schools or the governing body of the school system to which the permit would be transferred and in which the applicant intends to administer.
005 Teaching Certificates and Permits
005.01 Teaching Certificates and Permits. Types. General Requirements. The Department may issue Initial, Alternative, Standard, and Professional Teaching certificates. The Department may also issue Alternative Program, Career Education, Postsecondary, State Substitute, Local Substitute, and Military Teaching permits. Each applicant for any such certificate or permit may, depending on the type of certificate or permit, be required to:
005.01A Submit evidence of human relations training as defined by this chapter;
005.01B Submit evidence of special education training; and
005.01C Submit evidence of qualifying for or be eligible to have placed on a certificate or permit one (1) or more endorsements pursuant to 92 NAC 24.
005.02 Initial Teaching Certificate. An Initial teaching certificate is valid for teaching in all Nebraska school systems.
005.03 Initial Teaching Certificate Requirements. Each applicant for an Initial teaching certificate shall:
005.03A Fulfill the requirements in section 005.01 of this chapter;
005.03B Have received a baccalaureate degree;
005.03C Have completed the academic program requirements of an approved program; and
005.03D Either:
005.03D1 Within five (5) years prior to the date of application, have:
005.03D1a Taught for one (1) school year in an accredited, approved, or otherwise legally operated school or service provider in any state; or
005.03D1b Received six (6) semester hours of college credit in education-related coursework or equivalent professional development; or
005.03D2 Be a person participating in an approved teacher exchange program; or
005.03D3 Hold a comparable and equivalent certificate.
005.04 Initial Teaching Certificate. Renewal . Requirements. Each applicant for renewal of an Initial teaching certificate must:
005.04A Hold or have held a Nebraska Initial teaching certificate ; and
005.04B Either:
005.04B1 Have taught or held a position requiring a certificate half time or more for one (1) school year in an accredited, approved, or otherwise legally operated school or service provider during the past five (5) years; or as a faculty member in a postsecondary educational entity; or
005.04B2 Within five (5) years prior to the date of application, have received six (6) semester hours of coursework or equivalent professional development from a standard institution of higher education in education-related coursework.
005.05 Standard Teaching Certificate. A Standard teaching certificate is valid for teaching in all Nebraska school systems.
005.06 Standard Teaching Certificate Requirements. Each applicant for a Standard teaching certificate must:
005.06A Fulfill the requirements in section 005.01 of this chapter;
005.06B Qualify for or hold a Nebraska Initial teaching certificate or a comparable and equivalent teaching certificate; and
005.06C Within five (5) years prior to the date of application, have:
005.06C1 Taught half-time or more for two (2) consecutive school years while holding a regular certificate:
005.06C1a In a Nebraska school system or service provider;
005.06C1b In an accredited, approved, or otherwise legally operated school, educational service agency, or service provider in another state;
005.06C1c In a U.S. Department of Defense school system;
005.06C1d As a faculty member in a postsecondary educational entity;
005.06C1e In a pre-kindergarten early childhood program which is required by law to employ certificated teachers or which requires its teachers to hold a certificate; or
005.06C1f As a Nebraska certified teacher providing distance learning or dual enrollment instruction to students in a Nebraska school system as defined in Neb. Rev. Stat. § 79-1201.01;
005.06C2 Taught half-time or more for two (2) consecutive school years in a nonpublic school in a state that does not require certification of nonpublic school teachers; or
005.06C3 Been employed by the Department.
005.07 Professional Teaching Certificate. A Professional teaching certificate is valid for teaching in all Nebraska school systems.
005.08 Professional Teaching Certificates Requirements. Each applicant for a Professional teaching certificate must:
005.08A Fulfill the requirements in section 005.01 of this chapter;
005.08B Qualify for or hold a Nebraska Standard teaching certificate, or a comparable and equivalent certificate, or verify having taught half-time or more for two (2) consecutive years during the period of validity of a regular certificate; and
005.08C Either:
005.08C1 Within ten (10) years prior to the date of application, have received a Master’s degree from an approved standard institution of higher education in Curriculum and Instruction, Educational Technology, Special Education, or in the applicant’s content area;
005.08C2 Hold current credentials from a credentialing organization approved by the Department pursuant to 92 NAC 22; or
005.08C3 Have received a six (6) year specialist’s certificate or a doctorate degree from a standard institution of higher education in an area related to the applicant’s content area completed at the Master’s degree level.
005.09 Standard and Professional Teaching Certificates. Renewal . Requirements. Each applicant for renewal of a Standard or Professional teaching certificate must:
005.09A Hold or have held a Nebraska Standard or Professional teaching certificate or a comparable and equivalent certificate ; and
005.09B Within five (5) years prior to the date of application, have:
005.09B1 Been employed to teach or administer half-time or more for one (1) school year:
005.09B1a In a Nebraska school system or service provider;
005.09B1b In an accredited, approved, or otherwise legally operated school, educational service agency, or service provider in another state;
005.09B1c In a nonpublic school in a state that does not require certification of nonpublic school teachers;
005.09B1d In a U.S. Department of Defense school system;
005.09B1e As a faculty member in the educator preparation program of a standard institution of higher education with employment verified by a written statement from the administrator of the teacher preparation program;
005.09B1f In a pre-kindergarten early childhood program which is by law required to employ certificated teachers or which requires its teachers to hold a certificate;
005.09B1g As a Nebraska certified teacher providing distance learning or dual enrollment instruction to students in a Nebraska school system as defined in Neb. Rev. Stat. § 79-1201.01; or
005.09B1h As a Nebraska certified teacher employed by a service provider;
005.09B2 Been employed or contracted by the Department; or
005.09B3 Received six (6) semester hours of credit in education-related coursework or equivalent professional development from a standard institution of higher education.
005.10 Alternative Program Teaching Permit. An Alternative Program teaching permit is issued to applicants who do not meet all requirements for a regular certificate and is valid for teaching in all Nebraska school systems.
005.11 Alternative Program Teaching Permit Requirements. Each applicant for an Alternative Program Teaching permit must:
005.11A Have received a baccalaureate degree;
005.11B Submit a signed and dated Alternative Program Teaching Permit Form, found on the Educator Certification website; and
005.11C Submit a written request for the issuance of such permit from the superintendent of schools or the governing body of the school system in which the applicant intends to teach.
005.12 Alternative Program Teacher Permit Renewal Requirements. Each applicant for renewal of an Alternative Program teacher permit must:
005.12A Fulfill the requirements in section 005.11 of this chapter;
005.12B Submit a transcript documenting completion of at least fifteen (15) semester hours towards completion of a program outlined in subsection 005.11B of this chapter for the current Alternative Program teacher permit; and
005.12C Submit evidence of human relations training as required in subsection 005.01A of this chapter.
005.13 Alternative Teaching Certificate. An Alternative teaching certificate is issued to applicants who have completed an alternative teacher program that meets the requirements of section 005.14 of this chapter. An applicant must participate in a school district clinical experience for the first semester of employment as a teacher under an Alternative Teaching certificate. An Alternative Teaching certificate is valid only for teaching in the subject and educational levels for which the individual has successfully completed an alternative teacher program.
005.14 Alternative Teaching Certificate Requirements. Each applicant for an Alternative Program teaching permit must:
005.14A Have received a baccalaureate degree;
005.14B Have successfully completed an alternative teacher program operated by an organization that:
005.14B1 Operates in at least five states;
005.14B2 Has operated an alternative teacher certification program for at least ten (10) years; and
005.14B3 Requires candidates to pass a subject area examination and a pedagogy examination to receive a documentation of successful completion of such program.
005.15 Alternative Teaching Certificate Renewal Requirements. To renew an Alternative Teaching certificate, the holder must have completed the requirements of sections 005.13 and 005.14 of this chapter.
005.16 Career Education Teaching Permit. A Career Education teaching permit may be issued to an applicant who does not meet the Nebraska requirements for a regular certificate and shall be valid only in the Nebraska school system requesting the issuance of such permit and only in the career education endorsement areas described in 92 NAC 24.
005.17 Career Education Teaching Permit Requirements. Each applicant for a Career Education teaching permit must:
005.17A Fulfill the requirements in subsections 005.01A and 005.01C of this chapter; and
005.17B Submit verification from the Superintendent of Schools or the governing body of a school system in which the applicant intends to teach. The recommended form (Career Education Permit Verification) is available on the Educator Certification website.
005.18 Career Education Teaching Permit Renewal Requirements. Each applicant for renewal of a Career Education teaching permit must:
005.18A Submit verification for the renewal of such permit from the Superintendent of Schools or the governing body of the school system in which the applicant intends to teach. A recommended form (Career Education Permit Verification) is available on the Educator Certification website; and
005.18B Hold or have held a Nebraska Career Education teaching certificate or permit.
005.19 Postsecondary Teaching Permit. A Postsecondary teaching permit is valid only for teaching courses for college credit offered by a Nebraska postsecondary educational entity that have also been approved for high school credit in Nebraska school systems requesting the delivery of such courses and only in the applicant’s postsecondary subject area.
005.20 Postsecondary Teaching Permit Requirements. Each applicant for a Postsecondary teaching permit must:
005.20A Fulfill the requirements in subsection 005.01A of this chapter; and
005.20B Be eligible to teach courses for college credit offered by a Nebraska postsecondary educational entity that have also been approved for high school credit in Nebraska school systems requesting the delivery of such courses as documented by the Nebraska postsecondary educational entity. A recommended form (Employment Verification for a Postsecondary Permit) is available on the Educator Certification website.
005.21 Postsecondary Teaching Permit Renewal Requirements. Each applicant for renewal of a Postsecondary teaching permit must:
005.21A Hold or have held a Postsecondary teaching permit;
005.21B Continue to be eligible to teach courses for college credit offered by a Nebraska postsecondary educational entity that have also been approved for high school credit in Nebraska school systems requesting the delivery of such courses as documented by the Nebraska postsecondary educational entity. A recommended form (Employment Verification for a Postsecondary Permit) is available on the Educator Certification website; and
005.21C Within three (3) years prior to the date of application, have:
005.21C1 Taught one (1) or more courses that generate college credit and have been approved for high school credit in Nebraska school systems requesting the delivery of such; or
005.21C2 Received three (3) semester hours of graduate credit in the applicant’s postsecondary content area.
005.22 State Substitute Teaching Permit. A State Substitute teaching permit is valid for teaching in all teaching endorsement areas in all Nebraska school systems. A State Substitute permit holder may be employed to teach by a school system only on a non-contractual basis.
005.23 State Substitute Teaching Permit Requirements. Each applicant for a State Substitute teaching permit must:
005.23A Fulfill the requirements in subsection 005.01A of this chapter; and
005.23B Have held a Nebraska regular teaching certificate or a comparable and equivalent certificate in another state that has expired, or qualify for or hold a comparable and equivalent certificate.
005.24 State Substitute Teaching Permit Renewal Requirements. Each applicant for renewal of a State Substitute teaching permit must:
005.24A Within five (5) years prior to the date of application, have taught in one (1) or more school systems for at least fifty (50) full-time days; or
005.24B Within five (5) years prior to the date of application, have received three (3) semester hours of education related coursework.
005.25 Local Substitute Teaching Permit. The Local Substitute teaching permit is valid for substitute teaching in all Nebraska school systems. The permit holder may substitute teach no more than ninety (90) full-time days in the same school system. Additional days may be authorized by the Commissioner upon written request from the Nebraska school system that demonstrates a need for additional days.
005.26 Local Substitute Teaching Permit Requirements. Each applicant for a Local Substitute teaching permit must:
005.26A Fulfill the requirements in subsection 005.01A of this chapter; and
005.26B Have at least forty-eight (48) semester hours of college credit with credit in education-related coursework.
005.27 Local Substitute Teaching Permit Renewal Requirements. The Local Substitute teaching permit can be renewed upon meeting the requirements in section 005.26 of this chapter.
005.28 Paraprofessional Substitute Teaching Permit. A Paraprofessional Substitute Teaching permit must be requested in writing by a school system for an applicant and is valid for substitute teaching only in the requesting school system. The permit holder may substitute teach no more than forty-five (45) full-time days in a school year and no more than five (5) of those days may be consecutive school days. Additional days may be authorized by the Commissioner upon written request from the Nebraska school system that demonstrates a need for additional days.
005.29 Paraprofessional Substitute Teaching Permit Requirements. Each applicant for a Paraprofessional Substitute Teaching permit must be employed as a paraprofessional or paraeducator in the requesting school system.
005.30 Paraprofessional Substitute Teaching Permit Renewal Requirements. A Paraprofessional Substitute Teaching permit may be renewed upon written request by the requesting school system.
006 Temporary Certificates
006.01 Temporary Certificates, General Provisions Temporary certificates and permits are issued to allow an applicant time to complete the requirements for another certificate or permit. . A temporary certificate or permit is valid in all Nebraska school systems. A Temporary certificate or permit is not renewable.
006.02 Temporary Teaching, Special Services, or Administrative Certificate Requirements. Each applicant for a temporary certificate must meet:
006.02A All the requirements for an Administrative, Special Services, or Teaching certificate or permit pursuant to this chapter, except the requirement for human relations training as specified in this chapter;
006.02B The requirements as set forth in subdivision (1)(a) of Neb. Rev. Stat. § 79-8,145 for an applicant who possesses a certificate to teach from another state;
006.02C The requirements as set forth in subdivision (1)(b) of Neb. Rev. Stat. § 79-8,145 for an applicant who has passed an appropriate subject area examination as designated by the Board; or
006.02D The requirements as set forth in subdivision (1)(c) of Neb. Rev. Stat. § 79-8,145 for an applicant who is employed as a paraprofessional or paraeducator.
007 Special Services Certificates and Permits
007.01 Special Services Certificates and Permits, Types, General Requirements. The Department may issue Standard Special Services certificates, Special Services permits and Provisional Special Services permits. Each applicant for any such Special Services certificate or permit must submit evidence of human relations training as defined by this chapter.
007.02 Standard Special Services Certificate. A Standard Special Services certificate is valid for working in all Nebraska school systems only in the area of Special Services Endorsements for Audiologist and School Nurse described in 92 NAC 24.
007.03 Standard Special Services Certificate Requirements. Each applicant for a Standard Special Services certificate must have completed the program requirements for an Audiologist or School Nurse endorsement in 92 NAC 24.
007.04 Standard Special Services Certificates Renewal Requirements. Each applicant for the renewal of a Standard Special Services certificate must:
007.04A Fulfill the requirements in section 007.01 of this chapter.
007.05 Special Services Permit. A Special Services permit is valid for coaching in all Nebraska school systems.
007.06 Special Services Permit Requirements. Each applicant for a Special Services permit must:
007.06A Fulfill the requirements in section 007.01 of this chapter; and
007.06B Submit evidence of meeting the requirements for a Special Services Coaching endorsement in 92 NAC 24.
007.07 Special Services Permit Renewal Requirements. Each applicant for the renewal of a Special Services permit must:
007.07A Fulfill the requirements in section 007.01 of this chapter;
007.07B Hold or have held a Standard Special Services certificate with a Coaching endorsement or a Special Services permit; and
007.07C Either:
007.07C1 Within five (5) years prior to the date of application for renewal, have been employed as a coach for at least one (1) year in a Nebraska school system while holding a Standard Special Services certificate with a Coaching endorsement or a Special Services permit; or
007.07C2 Within two (2) years prior to the application for renewal, have completed coursework in first aid, health and safety for coaches, and fundamentals of coaching as set forth in the Special Services Coaching endorsement in 92 NAC 24.
007.08 Provisional Special Services Permit. A Provisional Special Services permit is valid for working only in the Nebraska school system requesting the issuance of such permit and only in the area of the Speech Language Technician endorsement described in 92 NAC 24. A Provisional Special Services permit may be renewed twice for an individual for a total of three (3) years.
007.09 Provisional Special Services Permit Requirements. Each applicant for a Provisional Special Services permit must:
007.09A Fulfill the requirements in section 007.01 of this chapter;
007.09B Submit a written request for the issuance of such permit from the superintendent of schools or the governing body of the school system in which the applicant intends to work;
007.09C Have a bachelor’s degree in Speech Communication Disorders or Speech Language Pathology; and
007.09D Submit a signed and dated statement of intent to pursue admission into a Master’s Speech Language pathology program during the period in which such permit is valid.
007.10 Provisional Special Services Permit Renewal Requirements. Each applicant for renewal of a Provisional Special Services permit must:
007.10A First Renewal. Each applicant for a first renewal of a Provisional Special Services permit must:
007.10A1 Fulfill the requirements in section 007.01 of this chapter;
007.10A2 Hold or have held a Nebraska Provisional Special Services permit; and
007.10A3 Submit a signed and dated statement from the institution verifying that the applicant has been admitted into an approved Master’s Speech Language Pathology program.
007.10B Second and subsequent renewal. Each applicant for a second or subsequent renewal of a Provisional Special Services permit must:
007.10B1 Fulfill the requirements in section 007.01 of this chapter;
007.10B2 Hold or have held a Nebraska Provisional Special Services permit; and
007.10B3 Submit a signed and dated statement from the institution of the remaining requirements leading to the issuance of a regular endorsement and a transcript documenting six (6) hours completed in the past year in a Master’s Speech Language Pathology program.
008 Conditional Permits
008.01 Conditional Permits. A Conditional permit is a temporary authorization to teach, provide special services, or administer.
008.02 Conditional Permit Issuance Requirements. A Conditional permit may be issued while the application is being processed by the Department if the Nebraska school system requests, and the Commissioner determines that the documents and information submitted by the applicant would allow for the issuance of a certificate or permit sought by the applicant pending receipt of any additional documentation.
008.03 Conditional Permits Issuance Requirements When a Criminal History Check is Required and All Other Certification Requirements Have Been Met. An applicant for a certificate or permit who is required to submit a complete, legible set of fingerprints is issued a Conditional permit prior to receipt, by the Commissioner, of the criminal history record information check if:
008.03A The Criminal Charges Self-Reporting Form, found on the Educator Certification website , identifies all crimes of which the applicant has been convicted; and
008.03B The Commissioner determines the applicant has good moral character and meets all other requirements for certification.
008.04 Voiding of Conditional Permits. The applicant’s Conditional permit is void upon the issuance of a certificate or permit to the applicant or upon a final determination that the applicant does not meet the requirements for issuance of a certificate or permit. For purposes of this chapter, a determination is final upon expiration of the time for which the applicant may appeal a denial as provided in section 010 of this chapter or upon issuance of a final order by the Board regarding an appeal by an applicant.
009 Military Permit
009.01 Military Permit. A Military permit is valid for either teaching, administering, or providing special services in all Nebraska school systems.
009.02 Military Permit Requirements. Each applicant for a Military permit must:
009.02A Hold a valid certificate or permit currently in force in another state to teach, administer, or provide special services;
009.02B Have held such certificate or permit for at least one year;
009.02C Submit evidence of current service in the armed forces of the United States, or evidence of having retired from such service within five (5) years of the date of application. If the applicant is the spouse of active or retired military personnel, the applicant must present the same evidence pertaining to his or her spouse; and
009.02D Submit a U.S. Department of Defense Dependent Identification and Privilege Card establishing the applicant’s status as a spouse of a person who is serving on active duty if the applicant is not a current service member in the armed forces of the United States or retired from such service within five (5) years of the date of application.
009.03 The Department must expedite the processing of any application for a STET Military permit submitted by an applicant whose spouse is serving on active duty at the time of such submission. A preliminary military permit must be issued upon submission of any application for a military permit, payment of fees pursuant to section 003.05 of this chapter, and successful completion of the criminal history record information check pursuant to section 003.12 of this chapter. The preliminary military permit will be void upon the issuance of a certificate or permit to the applicant or upon a final determination that the applicant does not meet the requirements for issuance of a certificate or permit.
010 Appeals Procedure
010.01 Notice. The Department notifies in writing an applicant for a certificate, permit, or endorsement if the Department intends to deny an application and provide the reason(s) for the denial.
010.02 Request for Review. The applicant may request in writing a review by the Commissioner within twenty calendar (20) days after receipt of the written notice provided for in section 010.01 of this chapter. Failure of an applicant to request a review by the Commissioner within twenty (20) calendar days after receipt of the notice will be a waiver of any further appeal by the applicant and results in a denial of the certificate, permit, or endorsement. After receipt of the request for review, the Commissioner must:
010.02A Notify the applicant that the Department will issue the certificate, permit, or endorsement being sought;
010.02B Notify the applicant that the application for a certificate, permit, or endorsement is denied; or
010.02C Notify the applicant that the application for a certificate, permit, or endorsement is denied for the reason(s) set forth in the notice and that, as a result of the applicant’s failure to request a review pursuant to section 010.02 of this chapter, the applicant has waived any further appeal to the Board regarding the current application.
010.03 Hearings. Within twenty (20) calendar days of receipt of the notice of the Commissioner’s denial of the certificate, permit, or endorsement pursuant to subsection 010.02B of this chapter, the applicant may appeal the Commissioner’s decision pursuant to 92 NAC 61. If the Board finds that the requirements in this or related chapters have been improperly applied to the applicant or in the case of an applicant whom the Commissioner has rejected due to criminal convictions, that the applicant has good moral character and possesses the moral fitness for teaching, then the Board may direct the Commissioner to issue a certificate or permit to the applicant.
010.04 Guidelines for Review. In considering whether to deny, not issue, or not renew a certificate or permit of an applicant based upon criminal convictions, the Commissioner and the Board shall take into account the following factors in determining moral character and moral fitness to teach:
010.04A The nature of the crime, the facts and circumstances surrounding the applicant’s conviction including whether the conduct of the applicant would constitute a crime in Nebraska, the sentence received, and whether the sentence was commuted, set aside, or pardoned;
010.04B The applicant’s age at the time of the conduct;
010.04C The recency of the conduct;
010.04D The applicant’s positive social contributions since the conduct; and
010.04E The reliability of the information concerning the conduct.
010.05 Applicants who have failed to request a review pursuant to section 010.02 of this chapter are prohibited from re-applying for any certificate or permit for one year from the date the Commissioner denied the application.
010.06 Applicants who have appealed a denial pursuant to section 010.03 of this chapter and the denial was affirmed by the State Board are prohibited from re-applying for any certificate or permit for one year from the State Board’s order.
History
- Effective 2025-06-04
Chapter 24 Certificate Endorsements
Neb. Admin. Code tit. 92, ch. 24 Certificate Endorsements {#sec-92-nac-24 omnilex-key=us-ne-regs-official--title-92--92 NAC 24}
001 Alphabetical List of Endorsements Contained in this Chapter
ADMINISTRATIVE ENDORSEMENTS Curriculum Supervisor (Issued prior to August 1, 2020) Principal Special Education Supervisor Superintendent
TEACHING ENDORSEMENTS Adapted Physical Education Agricultural Education American Sign Language (Subject) American Sign Language (Supplemental) Anthropology (Issued prior to August 1, 2023) Art Assessment Leadership (Issued prior to August 1, 2020) Basic Business (Issued prior to August 1, 2019) Bilingual Education Biology Business, Marketing, and Information Technology (BMIT) Career Education Chemistry Coaching Computer Science Driver Education Early Childhood Education Early Childhood Inclusive Earth and Space Science Economics Elementary Education English (Issued prior to August 1, 2015) English As A Second Language English Language Arts (formerly Language Arts) Family and Consumer Sciences Occupational Geography Health Education Health and Physical Education Health Sciences Education (Field) Health Sciences Education (Supplemental) High Ability Education History Information Technology Instructional Technology Leadership Journalism and Media Education Mathematics Middle Level Education Music Orientation and Mobility (O & M) Specialist Physical Education Physics Political Science Psychology Reading and Writing Reading Specialist Religious Education Reserve Officer Training Corps (ROTC) School Counselor School Librarian School Psychologist Science Secondary English Secondary Transition Specialist Skilled and Technical Sciences Education Skilled and Technical Sciences Education – Skilled Specific Social Studies Sociology Special Education Generalist (formerly Special Education) Special Education Behavior Intervention Specialist Special Education Deaf or Hard of Hearing Special Education Early Childhood Special Education Special Education Early Intervention Specialist Special Education Functional Academic Skills and Independent Living Specialist Special Education Inclusion and Collaboration Specialist Special Education Visual Impairment Special Program
Speech (Subject) Speech (Supplemental)
Speech and Theatre Speech-Language Pathologist
Theatre (Subject) Theatre (Supplemental) Vocal Music Vocational Special Needs (Issued prior to August 1, 2018) Work-Based Learning World Language
SPECIAL SERVICES ENDORSEMENTS Audiologist School Nurse Speech Language Technician Special Services Coaching
Appendix A: Status of Endorsements no longer in Chapter 24
002 General Information
002.01 Statutory Authority. This chapter is adopted pursuant to sections 79-318, 79-805 to 79-815, and 79-1505 of the Nebraska Revised Statutes (Neb. Rev. Stat.).
002.02 Scope and Application. This chapter contains regulations for obtaining endorsements indicating grade levels and areas of specialization on Nebraska teaching, administrative, and special services certificates or permits.
002.03 Related Regulations. Throughout this chapter, reference is made to other Department regulations relating to teachers, administrators, and special services providers. Regulations for the issuance of certificates or permits to teach, administer, and provide special services in Nebraska schools are contained in Title 92, Nebraska Administrative Code, Chapter 21 (92 NAC 21). Title 92, Nebraska Administrative Code, Chapter 20 (92 NAC 20) contains the rules for the approval of professional education programs in Nebraska. Copies of these rules are available from the Department or at www.education.ne.gov/legal/current-nde-rules-regulations/. Content standards can be found at www.education.ne.gov/contentareastandards.
003 Definition of Terms . As used in this chapter:
003.01 American Sign Language (ASL) means a natural language indigenous to members of the American Deaf Community, with its own culture, literature, and linguistic structure.
003.02 Approved Endorsement Program means endorsement programs approved pursuant to 92 NAC 20 or any endorsement program approved in any other state or country pursuant to standards comparable and equivalent to 92 NAC 20.
003.03 Board means the Nebraska State Board of Education.
003.04 Certification Officer means an employee designated by the chief academic officer or unit administrator of each standard institution of higher education with an approved educator preparation program to receive correspondence regarding this chapter from the Department and to provide certified records, reports and/or recommendations to the Department, as required, for the purpose of certification and/or endorsement.
003.05 Clinical experiences means those that are characterized by careful planning, stipulated goals, required activities, projected performance levels and evaluation of growth. Examples of clinical experiences are microteaching clinics, unit teaching associated with a methodology class, and skill clinics. Activities not meeting the criteria for clinical experiences include general observations, voluntary community service, orientation visits, teacher aiding, and periodic visitations to educational settings.
003.06 Clinical practice means culminating supervised experiences which provide candidates with opportunities to demonstrate competence in the professional roles for which they are preparing, which includes student teaching and internships.
003.07 Commissioner means the Nebraska State Commissioner of Education.
003.08 Content Test means an examination for which a passing score requirement has been established by the Board.
003.09 Credit hour means the equivalent of 15 instructional class periods of 50 minutes or more. Semester hour has the same meaning as credit hour.
003.10 Department means the State Department of Education, which is comprised of the Board and the Commissioner.
003.11 Designated endorsement means an endorsement designated by the Commissioner for which evidence of a passing score on a content test or completion of equivalent professional education offered by an accredited public school may substitute for coursework requirements when such endorsement is being added to an existing Nebraska certificate or permit.
003.12 Endorsement means an area of specialization indicated on a certificate or permit issued pursuant to 92 NAC 21 signifying that the individual has met specific requirements contained in this chapter.
003.13 English as a Second Language (ESL) means a program designed to serve students whose dominant language is not English to become proficient in English through instruction predominantly provided in English to the students.
003.14 Equivalent professional education means a program of procedures, coursework, and activities approved by the Commissioner as advanced preparation to allow successful candidates to qualify for a designated endorsement.
003.15 Equivalent professional education provider means an accredited public school offering equivalent professional education.
003.16 Field (used as a descriptor of an endorsement) means two or more subjects which, considered as a single area of study, represent a wider and broader scope than that of a subject.
003.17 Field experience means an opportunity for candidates to observe, assist, tutor, instruct, and/or conduct research to develop professional education knowledge, skills, and dispositions. Field experiences include practicum and clinical practice requirements. Field experiences are designed and implemented through collaboration with school partners and faculty and occur in school systems or other settings serving students.
003.18 Internship means an experience supervised by a qualified professional who holds a certificate or permit or has qualifications comparable to that of a certificate or permit holder. The internship provides opportunities to practice and demonstrate the knowledge and skills of the specialization area in a setting that is similar to the setting in which the candidate intends to work. Internship differs from student teaching in that it is only applicable to graduate level and supplemental endorsements.
003.19 Passing Score means a scaled score on a content test as established by the Board.
003.20 Practicum means a field experience completed prior to a culminating supervised clinical practice.
003.21 Prekindergarten means the preschool years for children beginning at age 3 prior to entering kindergarten.
003.22 Regular Certificate means an Initial, Standard, or Professional Nebraska certificate as defined in 92 NAC 21.
003.23 Semester Hour means the equivalent of 15 instructional class periods of 50 minutes or more. Credit hour has the same meaning as semester hour.
003.24 Standard institution of higher education has the same meaning as in Neb. Rev. Stat. § 79-807.
003.25 Student teaching means a full time, directed teaching experience conducted in a school setting that provides supervised opportunities to practice and demonstrate over a continuous, extended time period (as required by 92 NAC 20) the unique knowledge and skills of teaching in the endorsement area(s).
003.26 Subject (used as a descriptor of an endorsement) means a specific course or narrow range of courses taught and offered in a school.
003.27 Supplemental (used as a descriptor of an endorsement) means an endorsement obtained by meeting the requirements of this chapter and which may be added to a certificate in the presence of other endorsements which may or may not be specified.
003.28 Teaching experience means employment as a certified employee for the instruction of students in an approved or accredited school.
004 Application Procedures
004.01 Eligibility Criteria. Each applicant for an Initial, Standard, Professional, Alternative Program, Postsecondary, Career Education, or Military teaching certificate or permit may be required to:
004.01A Submit evidence of qualifying for or be eligible to have placed on a certificate or permit one (1) or more endorsements pursuant to this Chapter.
004.02 Initial Endorsement. When an applicant applies for his or her teaching, administrative, or special services certificate or permit pursuant to 92 NAC 21, he or she will be required to file documentation, signed by a certification officer of a standard institution of higher education, indicating that he or she has met the requirements of this chapter for one or more endorsements (depending upon the requirements of 92 NAC 21 for the type of certificate or permit and the type of endorsements), to file an application and pay the fee provided for in 92 NAC 21. A recommended form (Institutional Verification) is available on the Teacher Certification website.
004.03 Additional Endorsements. Additional endorsements may be added to a regular certificate at any time upon the payment of the fee provided for in 92 NAC 21 and (1) evidence of receiving a passing score on the content test for a designated endorsement, (2) evidence of completion of an approved program of equivalent professional education for a designated endorsement provided by an accredited public school, or (3) documentation signed by a certification officer of a standard institution of higher education, that clearly show that the endorsement requirements and student teaching experience requirements, if applicable, of this chapter have been met in approved endorsement programs.
004.04 Provisional Endorsements. Individuals holding a regular certificate may apply to add one provisional endorsement. The provisional endorsement will expire on September 30 of the third year following the year of issuance and may be renewed one (1) time. A recommended form (Added Provisional Endorsement) is available on the Educator Certification website. Each applicant for a provisional endorsement will:
004.04A Complete an application and payment of the statutory fee as required under 92 NAC 21; and
004.04B Submit a document signed and dated by the certification officer of a Nebraska standard institution of higher education which verifies that the applicant is:
004.04B1 Pursuing an approved teacher endorsement program and lists the remaining courses to be completed; or
004.04B2 Pursuing an administrative endorsement for a principal or special education supervisor and has completed at least fifty (50) percent of the credit hours required for completion of an approved program; or
004.04B3 Pursuing an administrative endorsement for a superintendent and has completed at least seventy five (75) percent of an approved program for an endorsement as superintendent.
004.04C Each applicant for renewal of a provisional endorsement will:
004.04C1 Complete an application and pay the statutory fee as required under 92 NAC 21; and
004.04C2 Submit a transcript documenting completion of at least fifteen (15) semester hours towards completion of a program outlined in section 004.04B.
004.05 Duration of Endorsements
004.05A Endorsements, once granted, continue in effect so long as the holder maintains a certificate or permit in force, or until revoked or amended pursuant to state law or regulation.
004.05B Provisional endorsements continue for three (3) years.
004.05C If an endorsement is amended through changes to this chapter but the title remains the same, current holders of that endorsement will continue to have that endorsement in effect for their current and future certificates or permits. If an endorsement is no longer contained in this chapter because it has been repealed or the title and requirements have changed, the following provisions apply:
004.05C1 If a comparable existing endorsement is listed for such former endorsement in Appendix A of this chapter, the certificate or permit holder will be considered to hold such comparable endorsement for purposes of determining school or school district compliance with approval or accreditation requirements under Chapters 10 or 14 of this Title, and for purposes of the requirements of any other chapter of this Title. At the time of future renewals, the new certificate or permit will carry the comparable endorsement.
004.05C2 If an endorsement that was formerly designated as a subject or field endorsement is reclassified as a supplemental endorsement, the endorsement will continue to be placed on a certificate or permit as a subject or field endorsement if the subject or field endorsement appeared on a certificate or permit prior to the implementation date of the reclassification, or if the individual seeking the endorsement completes a program for which a standard institution of higher education makes recommendation for a subject or field endorsement within one year of the implementation date of the reclassification.
004.05C3 If no comparable endorsement is listed in Appendix A, the endorsement will be considered non-existent for purposes of Department regulations.
004.06 Revocation of Endorsements. Endorsements will be revoked for any of the following reasons:
004.06A Revocation of the certificate or permit.
004.06B Fraud, misrepresentation, or error.
004.06C Written request by the endorsed person to the Commissioner and the Commissioner determines that the person has no employment experience and no college credit in the endorsed area within ten (10) years prior to the written request.
004.06D Elimination of the endorsement by the Board as shown in Appendix A.
004.06E Replacement of the endorsement by the Board with another endorsement as shown in Appendix A.
004.07 Hearings and Appeals. All actions taken by the Department under the provisions of this chapter may be subject to appeal under the appeals procedure contained in 92 NAC 21.
004.08 Certification of Completion of Endorsement Requirements. Certification officers will be required, as a condition of institution approval pursuant to 92 NAC 20, to certify for the Department the completion of endorsement requirements as specified in this chapter as part of endorsement applications.
004.09 Endorsement Program Requirements. Standard institutions of higher education offering an endorsement program must have on file, within the institution, a plan which identifies the courses and the course completion requirements which the institution utilizes to grant credit toward completion of an endorsement.
004.09A. A Nebraska approved educator preparation program may reduce the total required credit hours for any teaching endorsement by up to fifty (50) percent if the educator preparation program determines the applicant demonstrated competency in the endorsement area pursuant to criteria approved by the Commissioner.
005 Administrative Endorsements
005.01 Curriculum Supervisor
005.01A Grade Levels: PK-12
005.01B Endorsement Type: Field/Administrative
005.01C Persons with this endorsement may assist in or supervise the development of curriculum programs for students in prekindergarten through grade 12.
005.01D This endorsement is available for placement on a Nebraska certificate only for those individuals who held this endorsement, or are recommended for the endorsement by a standard institution of higher education prior to August 1, 2020. Standard institutions of higher education will not be able to recommend this endorsement for placement on a certificate after August 1, 2020.
005.02 Principal
005.02A Grade Levels: PK-12, PK-8, or 6-12
005.02B Endorsement Type: Field/Administrative
005.02C Persons with this endorsement may serve in all general administrative and supervisory capacities in Nebraska schools as a principal at the grade levels for which the program preparation was completed.
005.02D Certification Endorsement Requirements: This endorsement requires 36 graduate semester hours of credit in an approved program in educational administration. Thirty-six (36) graduate semester hours are required for a principal endorsement when completing a PK-8 or 6-12 endorsement. Those seeking a PK-12 principal endorsement must complete a minimum of nine (9) additional credit hours or a total of forty-five (45) graduate semester hours. The focus of the additional nine (9) credit hours must be specific to the new level.
005.02D1 Internship/Field Experiences: This endorsement requires 250 clock hours of internship/field experiences in approved or accredited elementary, middle, or secondary schools. These hours must be completed at each of the level(s) for the endorsement(s) being sought.
005.03 Special Education Supervisor
005.03A Grade Levels: Birth through Grade 12
005.03B Endorsement Type: Field/Administrative
005.03C Persons with this endorsement may serve in all special education administrative and supervisory roles in Nebraska schools providing services for students with disabilities, birth through age 21.
005.03D Certification Endorsement Requirements: This endorsement requires a minimum of 36 graduate semester hours related to educational leadership and special education administration coursework, and includes an internship experience in special education supervision.
005.03D1 Additional requirements: For admission to the program of study leading to this endorsement, the applicant must have or be eligible to hold a valid regular teaching certificate with a special education endorsement.
005.04 Superintendent
005.04A Grade Levels: PK-12
005.04B Endorsement Type: Field/Administrative
005.04C Persons with this endorsement may serve in all general administrative and supervisory capacities in Nebraska schools as superintendent, principal, or other administrative roles at all levels.
005.04D Certification Endorsement Requirements: This endorsement requires a Master’s degree and completion of an educational specialist, doctoral program, or other state-approved program for the preparation of a school superintendent with a minimum of 60 graduate hours in educational leadership or education administration, and a one-semester internship in an approved or accredited school system.
006 Teaching Endorsements
006.01 Adapted Physical Education
006.01A Grade Level: PK-12
006.01B Endorsement Type: Supplemental. This endorsement requires an applicant to hold, or earn concurrently, a subject or field endorsement in: Health and Physical Education, Physical Education, or one of the Special Education endorsements.
006.01C Persons with this endorsement may teach physical education to children and youth in prekindergarten through grade 12 who have unique needs or verified disabilities. Persons with this endorsement may provide consultant services to teachers of students with unique needs or verified disabilities.
006.01D Certification Endorsement Requirements: This endorsement requires a minimum of 24 semester hours of course work. Applicants may apply up to 12 semester hours of course work completed as part of a subject or field endorsement in Physical Education or Special Education toward requirements of this endorsement. The hours will include the following:
006.01D1 Course work in special education – six (6) semester hours; and
006.01D2 Course work in the content areas of physical education instruction – six (6) semester hours; and
006.01D3 A minimum of 12 semester hours in adapted physical education courses.
006.02 Agricultural Education
006.02A Grade Levels: 6-12
006.02B Endorsement Type: Field
006.02C Persons with this endorsement may teach and manage an Agricultural Education program and will be eligible for the Work-Based Learning endorsement.
006.02D Certification Endorsement Requirements: This endorsement requires a minimum of 48 semester hours of agriculture subject matter plus work experience including:
006.02D1 A minimum of 12 semester hours in agricultural education which includes pedagogical content knowledge and principles of career and technical education and including a minimum of three (3) semester hours of coordination and supervision of work-based learning; and
006.02D2 A minimum of 36 semester hours from the areas of Agribusiness Systems, Animal Systems, Food Products and Processing Systems, Natural Resources and Environmental Service Systems, Plant Systems, and Power, Structural, and Technical Systems, including leadership, research, applied technology, and policy within the aforementioned systems:
006.02D2a Three (3) semester hours – Agribusiness Systems
006.02D2b Three (3) semester hours – Animal Systems
006.02D2c Three (3) semester hours – Food Products and Processing Systems
006.02D2d Three (3) semester hours – Natural Resources and Environmental Service Systems
006.02D2e Three (3) semester hours – Plant Systems
006.02D2f Nine (9) semester hours – Power, Structural, and Technical systems
006.02E Work Experience: The endorsement is available only to those persons who have either (A) 1000 verified hours of paid work-based experience relative to the career field, or (B) at least 300 hours of supervised work experience relevant to the career field, under the direction of the college or university recommending the endorsement.
006.03 American Sign Language (Subject)
006.03A Grade Levels: K-8, 7-12, or K-12
006.03B Endorsement Type: Subject
006.03C Persons with this endorsement may teach American Sign Language (ASL) at the grade level(s) for which they have been prepared.
006.03D Certification Endorsement Requirements: This endorsement requires a minimum of 30 semester hours of ASL content course work.
006.03D1 Practicum. Prospective teachers will be engaged in practicum experience at the level(s) of endorsement.
006.04 American Sign Language (Supplemental)
006.04A Grade Levels: K-8, 7-12, or K-12
006.04B Endorsement Type: Supplemental
006.04C Persons with this endorsement may teach American Sign Language (ASL) at the grade level(s) for which they have been prepared.
006.04D Certification Endorsement Requirements: This endorsement requires a minimum of 18 semester hours of coursework in ASL content.
006.04D1 Practicum. Prospective teachers will be engaged in practicum experiences at the level(s) of endorsement.
006.05 Anthropology
006.05A Grade Levels: 7-12
006.05B Endorsement Type: Subject
006.05C Persons with this endorsement may teach anthropology in grades 7 through 12.
006.05D This endorsement is available for placement on a Nebraska certificate only for those individuals who held this endorsement or are recommended for the endorsement by a standard institution of higher education prior to August 1, 2023. Nebraska institutions will not be able to recommend this endorsement for placement on a certificate after August 1, 2023.
006.06 Art
006.06A Grade Levels: PK-12
006.06B Endorsement Type: Field
006.06C Persons with this endorsement may teach art for students in prekindergarten through grade 12.
006.06D Certification Endorsement Requirements: This endorsement requires 52 semester hours in art course work, including studio art, art history, theory and criticism, teaching competencies, new technology, and career opportunities in art.
006.07 Assessment Leadership
006.07A Grade Levels: PK-12
006.07B Endorsement Type: Supplemental
006.07C Persons with this endorsement may assist in or facilitate the development of assessment programs for students in prekindergarten through grade 12.
006.07D This endorsement is available for placement on a Nebraska certificate only for those individuals who held this endorsement, or are recommended for the endorsement by a standard institution of higher education prior to August 1, 2020. Standard institutions of higher education will not be able to recommend this endorsement for placement on a certificate after August 1, 2020.
006.08 Basic Business
006.08A Grade Levels: 6-12
006.08B Endorsement Type: Subject
006.08C Persons with this endorsement may teach basic business education courses in grades 6 through 12.
006.08D This endorsement is available for placement on a Nebraska certificate only for those individuals who held this endorsement, or are recommended for the endorsement by a standard institution of higher education prior to August 1, 2019. Standard institutions of higher education will not be able to recommend this endorsement for placement on a certificate after August 1, 2019.
006.09 Bilingual Education
006.09A Grade Levels: PK-12, PK-6, 7-12
006.09B Endorsement Type: Supplemental. This endorsement requires an applicant to hold, or earn concurrently, an English as a Second Language (ESL) endorsement in addition to a subject or field endorsement.
006.09C Persons with this endorsement may teach in a bilingual program in the grade levels for which they are prepared.
006.09D Certification Endorsement Requirements: This endorsement requires a minimum of 12 semester hours of course work related to methodology, content instruction, and content literacy in bilingual education programs which includes nine (9) credit hours of course work taught in the target language.
006.09D1 Candidates must also complete a 45 clock hour practicum in a bilingual education program taught in the target language at the grade level(s) of the endorsement being sought.
006.10 Biology
006.10AGrade Levels: 6-12
006.10B Endorsement Type: Subject
006.10C Persons with this endorsement may teach any biology course in grades 6 through 12.
006.10D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of laboratory based courses in the natural sciences (biology, chemistry, Earth and space science, and physics), of which 24 semester hours must be in biology and a minimum of 12 semester hours of laboratory based courses among the remaining three natural sciences areas. A laboratory-based course provides activity-based, hands-on experience for all students. Laboratory activities will be designed to allow students to develop scientific skills and processes, discover and construct science concepts, and allow for the application of the concept to the real lives of students.
006.11 Business, Marketing, and Information Technology
006.11A Grade Levels: 6-12
006.11B Endorsement Type: Field
006.11C Persons with this endorsement may teach Business, Marketing, and Information Technology education courses and will be eligible for the Work-Based Learning endorsement.
006.11D Certification Endorsement Requirements: This endorsement requires a minimum of 51 semester hours, including:
006.11D1 24 semester hours in business administration; and
006.11D2 Nine (9) semester hours in marketing content knowledge; and
006.11D3 12 semester hours in information technology systems content knowledge; and
006.11D4 A minimum of three (3) semester hours of coursework in coordination and supervision of work-based learning; and
006.11D5 A minimum of three (3) semester hours of professional education coursework to include pedagogical content knowledge and principles of career and technical education; and
006.11E Work Experience: The endorsement is available only to those who have either (A) 1000 verified hours of paid work-based experience relevant to the career field; or (B) at least 300 hours of supervised work experience relevant to the career field under the direction of the college or university recommending the endorsement.
006.12 Career and Technical Education
006.12A Grade Levels: 7-12
006.12B Endorsement Type: Subject
006.12C The endorsement is valid only on a career education teaching permit for a career and technical education area where no preparation program is offered by an approved educator preparation program in Nebraska or for which a school system submits documentation that it has not found a qualified teacher.
006.12D This endorsement requires:
006.12D1 Completion of postsecondary degree or certificate in a prescribed course of study in the career education area; or
006.12D2 Completion of an apprenticeship program in the career education area; or
006.12D3 Demonstrated proficiency in the career education area based upon five (5) years of practice in the career area; or
006.12D4 Demonstrated proficiency by passing a competency examination approved by the career area industry; or
006.12D5 Current employment by a community college as an instructor to teach the career education area.
006.13 Chemistry
006.13A Grade Levels: 6-12
006.13B Endorsement Type: Subject
006.13C Persons with this endorsement may teach any chemistry course in grades 6 through 12.
006.13D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of laboratory-based courses in the natural sciences (biology, chemistry, Earth and space science, and physics), of which 24 semester hours must be in chemistry and a minimum of 12 semester hours of laboratory based courses among the remaining three natural sciences areas. A laboratory-based course provides activity-based, hands-on experience for all students. Laboratory activities will be designed to allow students to develop scientific skills and processes, discover and construct science concepts, and allow for the application of the concept to the real lives of students.
006.14 Coaching
006.14A Grade levels: 7-12
006.14B Endorsement Type: Supplemental
006.14C Persons with this endorsement may coach interscholastic athletic events for participants in grades 7 through 12.
006.14D Certification Endorsement Requirements: This endorsement requires a minimum of 12 semester hours of coursework related to coaching athletics, including first aid, health and safety for coaches; prevention, care, and management of injuries; fundamentals of coaching, including psychology of coaching and coaching theory; and growth, development and learning. Other courses related to coaching athletics such as legal aspects and responsibilities; training and conditioning; nutrition; and administration of sports will be used to fulfill any remaining coaching semester hours.
006.15 Computer Science
006.15A Grade Levels: 7-12
006.15B Endorsement Type: Supplemental
006.15C Persons with this endorsement may teach programs of instruction that develop computer science and technology skills as identified by Nebraska Revised Statutes 79-3303 and 79-3304.
006.15D Certification Endorsement Requirements: This endorsement requires a minimum of six (6) semester hours in the content and instruction of education in computer science and technology, as identified by Nebraska Revised Statutes 79-3303 and 79-3304.
006.16 Driver Education
006.16A Grade Levels: 7-12
006.16B Endorsement Type: Supplemental
006.16C Persons with this endorsement may teach driver education to students in grades 7 through 12.
006.16D Certification Endorsement Requirements: This endorsement requires a minimum of nine (9) semester credit hours in courses that address traffic safety, general safety, first aid, motor vehicle systems, and alcohol and drug education.
006.17 Early Childhood Education
006.17A Grade Levels: Prekindergarten through Grade 3
006.17B Endorsement Type: Supplemental. This endorsement requires an applicant to hold, or earn concurrently, the Elementary Education endorsement.
006.17C Persons with this endorsement may teach children from prekindergarten through grade 3.
006.17D Certification Endorsement Requirements: This endorsement requires a minimum of 18 semester hours of coursework specific to early childhood education that address preschool and kindergarten levels and includes the identification of deficiencies and effective instructional and intervention strategies related to mathematics and reading.
006.17D1 Practicum. Candidates must complete a 45 clock-hour practicum working with preschool (prekindergarten) children.
006.18 Early Childhood Inclusive
006.18A Grade Levels: Birth through Grade 3
006.18B Endorsement Type: Field
006.18C Persons with this endorsement may teach and provide services to children from birth through grade 3 including those with special developmental and/or learning needs as defined in Section 79-1118.01 R.R.S, and to support families and other personnel with responsibilities for their care and education.
006.18D Certification Endorsement Requirements: This endorsement requires a minimum of 51 semester hours, including 39 semester hours of coursework in Early Childhood Education and Early Childhood Special Education for children birth through grade 3, and 12 additional semester hours of coursework in one area of concentration, either birth through kindergarten or age 3 through grade 3. Course work must include the identification of deficiencies and effective instructional and intervention strategies related to mathematics and reading.
006.19 Earth and Space Science
006.19A Grade Levels: 6-12
006.19B Endorsement Type: Subject
006.19C Persons with this endorsement may teach any Earth and space science course in grades 6 through 12.
006.19D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of laboratory-based courses in the natural sciences (biology, chemistry, Earth and space science, and physics), of which 24 semester hours must be in Earth and space science and a minimum of 12 semester hours of laboratory based courses among the remaining three natural sciences areas. A laboratory-based course provides activity-based, hands-on experience for all students. Laboratory activities will be designed to allow students to develop scientific skills and processes, discover and construct science concepts, and allow for the application of the concept to the real lives of students.
006.20 Economics
006.20A Grade Levels: 6-12
006.20B Endorsement Type: Subject
006.20C Persons with this endorsement may teach economics in grades 6 through 12.
006.20D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours including 30 hours in economics and six (6) semester hours in one or more of the other social studies areas (Geography, History, Political Science, Psychology, and Sociology).
006.21 Elementary Education
006.21A Grade levels: K-6 (K-8 in self-contained classrooms)
006.21B Endorsement Type: Field
006.21C Persons with this endorsement may teach children in all elementary subjects in kindergarten through grade 6 in all schools; and in grades 7 and 8 in self-contained classrooms. Self-contained classrooms exist when students spend more than half the school day with one teacher who provides instruction in more than half of the academic areas of the curriculum.
006.21D Certification Endorsement Requirements: This endorsement requires 40 hours of professional education coursework related to teaching children from kindergarten through grade eight and 30 hours of academic coursework in all areas of the elementary curriculum.
006.21D1 A minimum of 40 semester hours of professional education coursework related specifically to elementary education.
006.21D2 A minimum of 30 semester hours of academic coursework distributed across the four curriculum areas of English language arts, mathematics, science, and social studies/history. A minimum of six (6) semester hours is required in each of the four areas. Coursework that specifically addresses the content area standards for each of the four areas must include:
006.21D2a English Language Arts; and
006.21D2b Mathematics; and
006.21D2c Science; and
006.21D2d Social Studies.
006.21D3 In addition to the 30 semester hours listed above, academic coursework is required in each of the following areas:
006.21D3a Fine and Performing Arts; and
006.21D3b Physical and Health Education.
006.22 English
006.22A Grade Levels: 6-12
006.22B Endorsement Type: Subject
006.22C Persons with this endorsement may teach writing, language, and literature in grades 7 through 12.
006.22D This endorsement is available for placement on a Nebraska certificate only for those individuals who held this endorsement, or are recommended for the endorsement by a standard institution of higher education prior to August 1, 2015. Standard institutions of higher education will not be able to recommend this endorsement for placement on a certificate after August 1, 2015.
006.23 English As A Second Language
006.23A Grade Levels: PK-12, PK-6, 7-12
006.23B Endorsement Type: Supplemental
006.23C Persons with this endorsement may teach English as a Second Language (ESL) in the grade levels for which they are prepared.
006.23D Certification Endorsement Requirements: This endorsement requires a minimum of 15 semester hours of course work in the following topics: Second Language Acquisition, English Language/Linguistics, Cross-Cultural Communication, Methods/Curriculum Design in English as a Second Language, and Assessment and Evaluation of English Language Learners (ELL).
006.23D1 Practicum. Candidates must complete a 45 clock hour practicum working with ELL students at the grade level(s) of the endorsement being sought.
006.24 English Language Arts
006.24A Grade Levels: 6-12
006.24B Endorsement Type: Field
006.24C Persons with this endorsement may teach English Language Arts courses such as literature, writing, literacy, language, communications (including speech, theatre, and journalism), and reading skills in grades 6 through 12.
006.24D Certification Endorsement Requirements: This endorsement requires a minimum of 48 semester hours of content and pedagogical content coursework in foundational reading, language and literacy development, supporting readers at all levels, writing, literature, and communications.
006.25 Family and Consumer Sciences Occupational
006.25A Grade Levels: 6-12
006.25B Endorsement Type: Field
006.25C Persons with this endorsement may teach Family and Consumer Sciences courses and will be eligible for the Work-Based Learning endorsement.
006.25D Certification Endorsement Requirements: This endorsement requires a minimum of 48 semester hours, including 42 semester hours of Family and Consumer Sciences content with the following minimums:
006.25D1 Three (3) semester hours – Methods in Family and Consumer Sciences; and
006.25D2 Three (3) semester hours – Careers, Community and Family Connections; and
006.25D3 Nine (9) semester hours – Consumer Economics and Family Resources; and
006.25D4 Nine (9) semester hours – Family and Human Development; and
006.25D5 Nine (9) semester hours – Nutrition, Food Science and Food Production; and
006.25D6 Three (3) semester hours – Design, Textiles, Apparel, or Interiors; and
006.25D7 A minimum of three (3) semester hours of professional education coursework to include pedagogical content knowledge and principles of career and technical education; and
006.25D8 A minimum of three (3) semester hours of coursework in coordination and supervision of work-based learning; and
006.25E Work Experience: The endorsement is available only to those persons who have either (A) 1,000 verified hours of paid work-based experience relevant to the career field, or (B) at least 300 hours of supervised work experience relevant to the career field under the direction of the college or university recommending the endorsement.
006.26 Geography
006.26A Grade Levels: 6-12
006.26B Endorsement Type: Subject
006.26C Persons with this endorsement may teach geography in grades 6 through 12.
006.26D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours including 30 hours in geography and six (6) semester hours in one or more of the other social studies areas (Economics, History, Political Science, Psychology, and Sociology).
006.27 Health Education
006.27A Grade Levels: 7-12
006.27B Endorsement Type: Subject
006.27C Persons with this endorsement may teach comprehensive health education programs in grades 7 through 12.
006.27D Certification Endorsement Requirements: This endorsement requires a minimum of 30 semester hours in health courses that demonstrate content knowledge and skills of a health literate educator; assess needs to determine priorities for comprehensive school health education; plan comprehensive school health curricula and programs; implement health education instruction; assess student learning; plan and coordinate a school health education program; communicate and advocate for health and school health education; serve as a resource person in health education; and collaborate with other professionals in implementing a coordinated school health program.
006.28 Health and Physical Education
006.28A Grade Levels: PK-12
006.28B Endorsement Type: Field
006.28C Persons with this endorsement may teach health and physical education in prekindergarten through grade12.
006.28D Certification Endorsement Requirements: This endorsement requires 54 semester hours of preparation in health and physical education courses with:
006.28D1 A minimum of 27 semester hours in foundations of physical education, including: anatomy; kinesiology and biomechanics; exercise physiology; motor learning and motor development; skill and fitness-based competencies; curriculum planning and implementation; instructional delivery and classroom management; adapted physical education; and assessment of student learning in elementary and secondary physical education programs; and
006.28D2 A minimum of 27 semester hours in health education foundations that: demonstrate content knowledge and skills of a health literate educator; assess needs to determine priorities for comprehensive school health education; plan comprehensive school health curricula and programs; implement health education instruction; assess student learning; plan and coordinate a school health education program; communicate and advocate for health and school health education; serve as a resource person in health education; and collaborate with other professionals in implementing a coordinated school health program.
006.29 Health Sciences Education
006.29A Grade Levels: 6-12
006.29B Endorsement Type: Field
006.29C Persons with this endorsement may teach Health Sciences courses and will be eligible for the Work-Based Learning endorsement.
006.29D Certification Endorsement Requirements: This field endorsement requires a minimum of fifty (50) semester hours with the following minimums:
006.29D1 A minimum of three (3) semester hours in human growth and development; and
006.29D2 A minimum of three (3) semester hours in human anatomy and a minimum of three (3) semester hours in human physiology; and
006.29D3 A minimum of fifteen (15) semester hours in one or more additional Health Sciences areas: medical terminology, nutrition, public/community health, behavioral health, and health care in society; and
006.29D4 A minimum of six (6) semester hours in exercise physiology and kinesiology; and
006.29D5 A minimum of two (2) semester hours in CPR/First Aid certification; and
006.29D6 A minimum of three (3) semester hours in medical law and ethics; and
006.29D7 A minimum of twelve (12) semester hours of professional education course work that includes pedagogical content knowledge and principles of career and technical education; and
006.29D8 A minimum of three (3) semester hours of coursework in the coordination and supervision of work-based learning; and
006.29E Work Experience: The endorsement is available only to those persons who have either (A) 1,000 hours of paid work-based experience relevant to the career field or (B) at least 300 hours of supervised work experience relevant to the career field under the direction of the college or university recommending the endorsement.
006.30 Health Sciences Education Supplemental
006.30A Grade Levels: 6-12
006.30B Endorsement Type: Supplemental. This endorsement requires an applicant to hold, or earn concurrently, a subject or field endorsement in: Science, Biology, Health and Physical Education, Physical Education, Health Education, Agriculture Education, or Family and Consumer Sciences Occupational.
006.30C Persons with this endorsement may teach Health Sciences courses and will be eligible for the Work-Based Learning endorsement.
006.30D Certification Endorsement Requirements: This supplemental endorsement requires a minimum of fifteen (15) semester hours with the following minimums:
006.30D1 A minimum of nine (9) semester hours which must include:
006.30D1a A minimum of three (3) semester hours in human anatomy and/or human physiology; and
006.30D1b A minimum of six (6) semester hours in one or more additional Health Sciences areas: medical terminology, exercise physiology, kinesiology, and public/community health; and
006.30D2 A minimum of three (3) semester hours of professional education course work to include pedagogical content knowledge and principles of career and technical education; and
006.30D3 A minimum of three (3) semester hours of course work in coordination and supervision of work-based learning; and
006.30E Work Experience: The endorsement is available only to those persons who have either (A) 1,000 verified hours of paid work-based experience relevant to the career field or (B) at least 300 hours of supervised work experience relevant to the career field under the direction of the college or university recommending the endorsement.
006.31 High Ability Education
006.31A Grade Levels: K-12
006.31B Endorsement Type: Supplemental
006.31C Persons with this endorsement may teach learners with high ability; facilitate the identification of learners with high ability; develop, coordinate, and evaluate programs for learners with high ability; and act as a resource person in education for students with high ability in kindergarten through grade 12.
006.31D Certification Endorsement Requirements: This endorsement requires a minimum of 18 semester hours related to the education of learners with high ability and a minimum of 90 hours of related clinical experience, including experience at both elementary (K-6) and secondary (7-12) levels.
006.32 History
006.32A Grade Levels: 6-12
006.32B Endorsement Type: Subject
006.32C Persons with this endorsement may teach history in grades 6 through 12.
006.32D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours including 30 semester hours in history and a minimum of six (6) semester hours in one or more of the other social studies areas (Economics, Geography, Political Science, Psychology, and Sociology).
006.33 Information Technology
006.33A Grade Levels: PK-12
006.33B Endorsement Type: Supplemental
006.33C Persons with this endorsement may teach information technology courses.
006.33D Certification Endorsement Requirements: This endorsement requires a minimum of 15 semester hours in information technology courses.
006.34 Instructional Technology Leadership
006.34A Grade Levels: PK-12
006.34B Endorsement Type: Supplemental endorsement only. This endorsement cannot exist by itself on a certificate, but is added to a certificate only in the presence of other endorsements which may have been acquired earlier or concurrently.
006.34C Persons with this endorsement may assist in or facilitate the development of technology programs for students in prekindergarten through grade 12.
006.34D Certification Endorsement Requirements: This endorsement requires a minimum of 15 semester hours which includes the following:
006.34D1 The study of school and district level technology integration into curriculum areas for instructional improvement; and
006.34D2 The study of research and best practices of technology integration to address school improvement efforts; and
006.34D3 The study of education leadership for collecting, analyzing, reporting, and using data for instructional improvement.
006.35 Journalism and Media Education
006.35A Grade Levels: 7-12
006.35B Endorsement Type: Supplemental
006.35C Persons with this endorsement may teach journalism writing and production courses, and direct student efforts in curricular and cocurricular media intended for public consumption in grades 7 through 12.
006.35D Certification Endorsement Requirements: This endorsement requires a minimum of 18 semester hours in journalism and digital literacies, including an approved field experience.
006.36 Mathematics
006.36A Grade Levels: 6-12
006.36B Endorsement Type: Field
006.36C Persons with this endorsement may teach mathematics in grades 6 through 12.
006.36D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of mathematics.
006.37 Middle Level Education
006.37A Grade Levels: 5-9
006.37B Endorsement Type: Subject
006.37C Persons with this endorsement may teach grades 5 through 9 in the area(s) of the endorsement.
006.37D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of which 12 semester hours will be in professional education courses, not including clinical experience, related to middle level education, and a minimum of 24 semester hours in one core academic area as listed in 006.37D1.
006.37D1 Core Academic Areas include the following:
006.37D1a English Language Arts
006.37D1b Mathematics
006.37D1c Science (4 semester hour lab based course in each of physical science, biology and earth and space science)
006.37D1d Social Studies
006.37D2 Additional content areas may be added with a minimum of 24 semester hours in any of the core academic areas as listed above, or in any of the following content areas:
006.37D2a Agriculture Education;
006.37D2b Business, Marketing and Information Technology Education;
006.37D2c Family and Consumer Sciences;
006.37D2d Health and Physical Education;
006.37D2e Industrial Technology Education;
006.37D2f World Language.
006.38 Music
006.38A Grade Levels: PK-12
006.38B Endorsement Type: Field
006.38C Persons with this endorsement may teach music in prekindergarten through grade 12.
006.38D Certification Endorsement Requirements: This endorsement requires a minimum of 54 semester hours in music education. Music coursework will include theory, composition, arranging, improvisation, music history, applied music, ensemble performance, conducting, pedagogy, and technology.
006.39 Orientation and Mobility Specialist (O & M)
006.39A Grade Levels: Birth through age 21
006.39B Endorsement Type: Special Services
006.39C Persons with this endorsement may provide orientation and mobility services to students with visual impairments from birth through age 21. “Visual Impairment” includes blindness, low vision (legal blindness and partial sight) and vision loss associated with other disabilities.
006.39D Endorsement Requirements: This endorsement program requires a minimum of 36 graduate semester hours in special education coursework including:
006.39D1 Nine (9) graduate semester hours in general special education; and
006.39D2 Twelve (12) graduate semester hours in the education of students with visual impairment; and
006.39D3 Twelve (12) graduate semester hours in orientation and mobility; and
006.39D4 Three (3) graduate semester hours in orientation and mobility internship.
006.40 Physical Education
006.40A Grade Levels: PK-6, 7-12, PK-12
006.40B Endorsement Type: Subject
006.40C Persons with this endorsement may teach physical education in prekindergarten through grade 6, grades 7 through 12, or prekindergarten through grade 12.
006.40D Certification Endorsement Requirement: This endorsement requires a minimum of 30 semester hours in physical education courses for prekindergarten through grade 6 or grades 7-12 endorsements.
006.40D1 The PK-6 endorsement requires a minimum of 15 semester hours in foundations of physical education including: anatomy; kinesiology and biomechanics; exercise physiology; motor learning and motor development; and adapted physical education; plus a minimum of 15 semester hours of course work in skill and fitness based competencies; curriculum planning and implementation; instructional delivery and classroom management; and assessment of student learning in elementary school physical education programs.
006.40D2 The 7-12 endorsement requires a minimum of 15 semester hours in foundations of physical education including: anatomy; kinesiology and biomechanics; exercise physiology; motor learning and motor development; and adapted physical education; plus a minimum of 15 semester hours of course work in skill and fitness based competencies; curriculum planning and implementation; instructional delivery and classroom management; and assessment of student learning in secondary school physical education programs.
006.40D3 Applicants seeking both the PK-6 and 7-12 endorsements or the PK-12 endorsement, are required to earn a minimum of 42 semester hours of course work as prescribed above for elementary and secondary school physical education programs.
006.41 Physics
006.41A Grade Levels: 6-12
006.41B Endorsement Type: Subject
006.41C Persons with this endorsement may teach any physics course in grades 6 through 12.
006.41D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of laboratory based courses in the natural sciences (biology, chemistry, Earth and space science, and physics), of which 24 semester hours must be in physics or physics prerequisite course, and a minimum of 12 semester hours of laboratory based courses among the remaining three natural sciences areas. A laboratory-based course provides activity-based, hands-on experience for all students. Laboratory activities will be designed to allow students to develop scientific skills and processes, discover and construct science concepts, and allow for the application of the concept to the real lives of students.
006.42 Political Science
006.42A Grade Levels: 6-12
006.42B Endorsement Type: Subject
006.42C Persons with this endorsement may teach political science in grades 6 through 12.
006.42D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours including 30 semester hours in Political Science and six (6) semester hours in one or more of the other social studies areas (Economics, Geography, History, Psychology, and Sociology).
006.43 Psychology
006.43A Grade Levels: 6-12
006.43B Endorsement Type: Subject
006.43C Persons with this endorsement may teach psychology in grades 6 through 12.
006.43D Certification Endorsement Requirements: This endorsement requires a minimum of 36 hours including 30 semester hours in Psychology and six (6) semester hours in one or more of the other social studies areas (Economics, Geography, History, Political Science, and Sociology).
006.44 Reading and Writing
006.44A Grade Levels: PK-6, 6-12
006.44B Endorsement Type: Supplemental
006.44C Persons with this endorsement may teach reading and writing in prekindergarten through grade 6, or in grades 6 through 12.
006.44D Certification Endorsement Requirements: This endorsement requires a minimum of 18 semester hours in courses selected from reading, writing, and language theories, developmental reading and writing on the elementary or secondary level, appropriate strategies and skills, diagnostic and intervention techniques and resources, and children’s or adolescent literature, language, and writing, and including an approved field experience.
006.45 Reading Specialist
006.45A Grade Levels: PK-12
006.45B Endorsement Type: Subject
006.45C Persons with this endorsement may teach, provide leadership for professional development in the area of reading, and assess and interpret data to determine and implement instructional options for teaching students in prekindergarten through grade 12.
006.45D Certification Endorsement Requirements: This endorsement requires a minimum of 30 graduate semester hours in reading and related courses. In addition, this endorsement requires clinical experiences appropriate for the endorsement level.
006.45D1 Additional Requirements: An applicant for this endorsement will have a regular teaching certificate and two (2) years of teaching experience.
006.46 Religious Education
006.46A Grade Levels: PK-6, 7-12, K-12
006.46B Endorsement Type: Subject
006.46C Persons with this endorsement may teach religion in private schools.
006.46D Certification Endorsement Requirements: This endorsement requires a minimum of 24 semester hours of religion.
006.46D1 College Limitation: This endorsement may be approved to be offered as part of an approved teacher education program only in nonpublic institutions of higher education.
006.47 Reserve Officer Training Corps (ROTC)
006.47A Grade Levels: 9-12
006.47B Endorsement Type: Subject and supplemental
006.47C The endorsement will be valid only in the area of ROTC and may appear only on a career education teaching permit as a subject endorsement, or on an initial or standard or professional certificate as a supplemental endorsement.
006.47C1 Five (5) years of full time or salaried employment in the military.
006.47D A letter of recommendation from a military supervisor.
006.48 School Counselor
006.48A Grade Levels: PK-8, 7-12; PK-12
006.48B Endorsement Type: Subject (PK-8; 7-12); Field (PK-12)
006.48C Persons with this endorsement may serve as school counselors in the grade levels of the endorsement (PK-8; 7-12; PK-12).
006.48D Certification Endorsement Requirements: This endorsement requires:
006.48D1 A Master’s Degree in Counseling with a specialization in School Counseling with a minimum of 36 graduate semester hours; and
006.48D2 A minimum of 100 clock hours of school counseling field experiences prior to internship; and
006.48D3 A school counseling internship with a minimum of 450 clock hours of internship at the grade levels of the endorsement; and
006.48D4 A previously earned teaching certificate with an endorsement contained in this Chapter; or
006.48D4a If the candidate has not previously earned a teaching certificate with an endorsement contained in this Chapter, the candidate must also complete a minimum of 12 additional semester hours of professional teacher education coursework related to core curriculum design, lesson plan development, classroom management strategies, student assessment, and differentiated instructional strategies.
006.49 School Librarian
006.49A Grade Levels: PK-12
006.49B Endorsement Type: Field
006.49C Persons with this endorsement serve as a leader, instructional partner, informational authority, teacher, and oversee the library program in prekindergarten through grade 12.
006.49D Certificate Endorsement Requirements: This endorsement requires the applicant to hold a teaching certificate or concurrently earn a subject or field endorsement, and acquire a minimum of 30 semester hours in school library coursework including leadership, library administration, technology, information access, children’s and young adult literature, resource management, and curriculum and instruction.
006.50 School Psychologist
006.50A Grade Levels: PK-12
006.50B Endorsement Type: Field
006.50C Persons with this teaching endorsement may provide school psychological services to students (birth to age 21), school personnel, parents and other specialists related to individual student needs or school program considerations.
006.50D Certification Endorsement Requirements: This endorsement requires at least 60 graduate semester hours beyond the baccalaureate degree, in which at least 54 are exclusive of credit for the supervised internship.
006.50D1 A minimum of 1,200 clock hours of internship experience, supervised by a standard institution of higher education, 600 of which must be in a school setting. Applicants who have completed 600 hours of supervised experience in school settings prior to the internship as part of their doctoral training program in school psychology may complete all 1,200 hours of their supervised internship in a setting that provides psychological services to children, birth to age 21.
006.51 Science
006.51A Grade Levels: 6-12
006.51B Endorsement Type: Field
006.51C Persons with this endorsement may teach any science course in grades 6 through 12.
006.51D Certification Endorsement Requirements: This endorsement requires a minimum of 48 semester hours of laboratory-based courses with a minimum of two (2) laboratory-based courses in each of the four disciplines in the sciences (biology, chemistry, Earth and space, and physics.) A laboratory-based course provides activity-based, hands-on experiences for all students. Laboratory activities will be designed to allow students to develop scientific skills and processes, discover and construct science concepts, and allow for the application of the concepts to the real lives of students.
006.52 Secondary English
006.52A Grade Levels: 6-12
006.52B Endorsement Type: Subject
006.52C Persons with this endorsement may teach secondary English courses such as English I, English II, English III, English IV, and Reading in grades 6 through 12.
006.52D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours of content and pedagogical content coursework in foundational reading, language and literacy development, supporting readers at all levels, writing, literature, and communications.
006.53 Secondary Transition Specialist
006.53A Grade Levels: 7-12
006.53B Endorsement Type: Supplemental
006.53C Persons with this endorsement may teach, consult, or provide transition services for youth with verified disabilities in grades 7 through 12.
006.53D Certification Endorsement Requirements: This endorsement requires a minimum of 18 graduate semester hours of coursework and clinical experience related to transition with emphasis on youth with disabilities, ages 14 through 21.
006.54 Skilled and Technical Sciences Education
006.54A Grade Levels: 6-12
006.54B Endorsement Type: Field
006.54C Persons with this endorsement may teach Skilled and Technical Sciences Education and will be eligible for the Work-Based Learning endorsement.
006.54D Certification Endorsement Requirements: This endorsement requires a minimum of 48 semester hours of course work in skilled and technical sciences education and professional education, including:
006.54D1 A minimum of six (6) semester hours of professional education course work to include content area methods, assessment, and facility design and management; and
006.54D2 A minimum of six (6) semester hours in each of the following career fields: Architecture and Construction; Energy and Engineering; Manufacturing; and Transportation, Distribution and Logistics. The career field courses will include career information, first aid, and occupational and environmental safety; and
006.54D3 A minimum of three (3) semester hours in the pedagogical content knowledge and principles of career and technical education; and
006.54D4 A minimum of three (3) semester hours of course work in coordination and supervision of work-based learning; and
006.54E Work Experience: The endorsement is available only to those who have either (A) 1,000 verified hours of paid work experience relevant to the career field; or (B) at least 300 hours of supervised work experience relevant to the career field under the direction of the college or university recommending the endorsement.
006.55 Skilled and Technical Sciences Education – Skilled Specific
006.55A Grade Levels: 9-12
006.55B Endorsement Type: Supplemental. This endorsement requires an applicant to hold, or earn concurrently, an endorsement in Agricultural Education or Skilled and Technical Sciences Education and be eligible for the Work-Based Learning endorsement.
006.55C Persons with this endorsement may teach Skilled and Technical Sciences Education – Skilled Specific in grades 9 through 12.
006.55D Certification Endorsement Requirements: This endorsement requires the following:
006.55D1 A minimum of 12 semester hours in one of the specific career fields listed below:
006.55D1a Architecture and Construction Career Field:
006.55D1a(1) Architectural Design or
006.55D1a(2) Construction
006.55D1b Energy and Engineering Career Field:
006.55D1b(1) Energy or
006.55D1b(2) Engineering or
006.55D1b(3) Project Lead The Way
006.55D1c Manufacturing Career Field:
006.55D1c(1) Manufacturing or
006.55D1c(2) Welding
006.55D1d Transportation, Distribution and Logistics Career Field:
006.55D1d(1) Transportation, Distribution, and Logistics Technician or
006.55D1d(2) Transportation, Distribution, and Logistics Supply Chain
006.55D2 A minimum of one (1) semester hour of course work in the organization and management of SkillsUSA which includes chapter development, leadership development, individual skill development, and community service development.
006.55E Work Experience: The endorsement is available only to those persons who have either (A) 1,000 verified hours of paid work-based experience relevant to the career field, or (B) at least 300 hours of supervised work experience relevant to the career field under the direction of the college or university recommending the endorsement.
006.56 Social Studies
006.56A Grade Levels: 6-12
006.56B Endorsement Type: Field
006.56C Persons with this endorsement may teach any social studies course in grades 6 through 12.
006.56D Certification Endorsement Requirements: This endorsement requires a minimum of 60 semester hours of course work in the social studies (Economics, Geography, History, Political Science, Psychology, and Sociology).
This endorsement requires:
006.56D1 Twelve (12) hours in American History; and
006.56D2 Twelve (12) hours in World History; and
006.56D3 Nine (9) hours in Political Science/Government/Civics; and
006.56D4 Nine (9) hours in Behavioral Sciences, including six (6) hours of Psychology and three (3) hours of Sociology; and
006.56D5 Nine (9) hours of Geography, including three (3) hours of Human Geography, and six (6) hours of Geography electives; and
006.56D6 Nine (9) hours of Economics, including three (3) hours of microeconomics, three (3) hours of macroeconomics, and three (3) hours of Economics electives; and
006.56D7 Three (3) hours of the required social studies course work must be directly related to the study of topics specific to the state/region of Nebraska.
006.57 Sociology
006.57A Grade Levels: 6-12
006.57B Endorsement Type: Subject
006.57C Persons with this endorsement may teach sociology in grades 6 through 12.
006.57D Certification Endorsement Requirements: This endorsement requires a minimum of 36 semester hours including 30 semester hours in sociology and six (6) semester hours in one or more of the other social studies areas (Economics, Geography, History, Political Science, and Psychology).
006.58 Special Education Generalist
006.58A Grade Levels: K-8, 6-12; K-12
006.58B Endorsement Type: K-8 or 6-12 - Subject
K-12 – Field
006.58C Persons with this endorsement may teach and provide services in accordance with 92 NAC 51 for children and youth through age 21 who have one or more verified disabilities.
006.58D Certification Endorsement Requirements: This endorsement requires:
006.58D1 For a Subject endorsement, kindergarten through grade eight (K-8), or grades six through twelve (6-12), a minimum of 30 semester hours is required, which must be special education content coursework; or
006.58D2 For a Field endorsement, kindergarten through grade 12 (K-12), a minimum of 36 semester hours is required, which must be special education content coursework.
006.59 Special Education Behavior Intervention Specialist
006.59A Grade Levels: Birth through Grade 12, PK-6, 7-12
006.59B Endorsement Type: Supplemental. This endorsement requires the applicant to have previously obtained a special education endorsement.
006.59C Persons with this endorsement may teach, consult, or provide services related to behavioral needs for children with disabilities, birth through age 21, grades PK-6, or grades 7-12.
006.59D Certification Endorsement Requirements: This endorsement requires a minimum of 18 graduate semester hours in behavior intervention strategies and closely related topics.
006.59D1 If a candidate does not hold a special education endorsement, a minimum of an additional 12 graduate semester hours in special education coursework is required.
006.60 Special Education Deaf or Hard of Hearing Education
006.60A Grade Levels: Birth through Grade 12, PK-6, 7-12
006.60B Endorsement Type: Subject
006.60C Persons with this endorsement may teach, consult, or provide services for children with hearing impairments from birth through age 21, PK-6, or 7-12. This includes deafness and hard of hearing.
006.60D Certification Endorsement Requirements: This endorsement requires an applicant to hold, or earn concurrently, a regular teaching certificate with a subject or field endorsement and earn a minimum of 36 semester hours in special education courses, of which 12 semester hours are in general special education and 24 semester hours are in the education of children who are deaf or hard of hearing.
006.61 Special Education Early Childhood
006.61A Grade Levels: Birth through Kindergarten
006.61B Endorsement Type: Subject
006.61C Persons with this endorsement may teach, coordinate, or serve as a consultant to programs for children, ages birth through kindergarten, with special developmental and/or learning needs as defined in Section 79-1118.01 R.R.S., and to support families and other personnel with responsibilities for their care and education.
006.61D Certification Endorsement Requirements: This endorsement requires a minimum of 30 semester hours including a minimum of 12 semester hours of course work in Early Childhood Education and a minimum of 18 semester hours of course work in Early Childhood Special Education; and 100 clock hours of related field experiences.
006.62 Special Education Early Intervention Specialist
006.62A Grade Levels: Birth through Prekindergarten
006.62B Endorsement Type: Supplemental. This endorsement requires the applicant to have, or earn concurrently, the Special Education Generalist endorsement at the K-6 or K-12 level.
006.62C Persons with this endorsement may teach, consult, or provide services for infants, toddlers, and preschool children, ages birth through prekindergarten, including those with verified disabilities, and support families and other personnel with responsibilities for their care and education.
006.62D Certification Endorsement Requirements: This endorsement requires:
006.62D1 A minimum of 15 semester hours, which must include a minimum of 9 semester hours in early childhood special education;
006.62D2 A minimum of six (6) semester hours in typical early childhood development, and learning. The coursework may be accomplished through 15 hours of coursework that combines typical development and learning and early childhood special education concepts within inclusive courses; and
006.62D3 A minimum of 160 clock hours of field experiences. Field experiences must be conducted in preschool settings which include home-based and center-based programs serving children who have verified disabilities, with their families, and other personnel responsible for their care and education. Of the 160 clock hours, a minimum of 80 clock hours must focus on children ages birth through two years of age and a minimum of 80 clock hours must focus on pre-school aged children, ages 3 through prekindergarten.
006.63 Special Education Functional Academic Skills and Independent Living Specialist
006.63A Grade Levels: Birth through Grade 12
006.63B Endorsement Type: Supplemental. This endorsement requires the applicant to have, or earn concurrently, the Special Education Generalist endorsement.
006.63C Persons with this endorsement may teach, consult, and provide services to children birth through 21 years of age, who have intellectual, sensory, and/or developmental disabilities, including Autism Spectrum Disorders.
006.63D Certification Endorsement Requirements: This endorsement requires a minimum of 15 semester hours in special education course work related to functional academic skills and independent living.
006.64 Special Education Inclusion and Collaboration Specialist
006.64A Grade Levels: PK-Grade 12
006.64B Endorsement Type: Supplemental. This endorsement requires the applicant to have previously obtained the Special Education Generalist endorsement.
006.64C Persons with this endorsement may teach, consult, or provide services for children, ages three through age 21, with verified disabilities.
006.64D Certification Endorsement Requirements: This endorsement requires a minimum of 15 graduate semester hours in inclusion and collaboration.
006.65 Special Education Visual Impairment
006.65A Grade Levels: Birth through Grade 12
006.65B Endorsement Type: Subject
006.65C Persons with this endorsement may teach, consult, and provide services to children with visual impairments from birth through age 21. This includes blindness, low vision (legal blindness and partial sight) and vision impairments associated with other disabilities.
006.65D Certification Endorsement Requirements: This endorsement requires an applicant to hold, or earn concurrently, a subject or field endorsement and complete a minimum of 36 additional semester hours in special education course work including six (6) semester hours in general special education, 24 semester hours in the education of students with visual impairment, and three (3) semester hours of field experience working with students who are visually impaired.
006.66 Special Program
006.66A Grade Levels: 9-12
006.66B Endorsement Type: Subject and Supplemental
006.66C The endorsement will be valid for teaching special program curriculum courses only. The endorsement is invalid for any core curriculum courses as defined by 92 NAC 10, Section 002.05. The endorsement may appear on a career education teaching permit as a subject endorsement, or an initial or standard or professional certificate as a supplemental endorsement.
006.66C1 To obtain this endorsement, the candidate must:
006.66C1a Hold a bachelor’s degree; and
006.66C1b Submit verification from the Superintendent of Schools or the governing body of a school system in which the applicant intends to teach. The recommended Special Program Verification form is available on the Teacher Certification website.
006.67 Speech
006.67A Grade Levels: 6-12
006.67B Endorsement Type: Subject
006.67C Persons with this endorsement may teach and direct, or act as a resource person for curricular and co-curricular speech courses or activities in grades 6 through 12.
006.67D Certification Endorsement Requirements: This endorsement requires a minimum of 30 semester hours in speech and communication courses, including an approved field experience.
006.68 Speech
006.68A Grade Levels: 7-12
006.68B Endorsement Type: Supplemental
006.68C Persons with this endorsement may teach and direct, or act as a resource person for speech activities in grades 7 through 12.
006.68D Certification Endorsement Requirements: This endorsement requires a minimum of 15 semester hours in speech and communication courses, including an approved field experience.
006.69 Speech and Theatre
006.69A Grade Levels: 6-12
006.69B Endorsement Type: Field (note: from 2012 Rule 24)
006.69C Persons with this endorsement may teach and direct, or act as a resource person, for curricular and co-curricular courses or activities in both speech and theatre in grades 6 through 12.
006.69D Certification Endorsement Requirements: This endorsement requires a minimum of 45 semester hours in dramatic literature, history of the theatre, acting, stagecraft, costume and makeup, lighting, directing theatre productions, theatre management, and speech and communications courses including approved field experiences in both theatre and speech.
006.70 Speech-Language Pathologist
006.70A Grade Levels: Birth through age 21
006.70B Endorsement Type: Field
006.70C Persons with this teaching endorsement may provide speech language pathology services to and consultative services for individuals from birth through age 21 or completion of their Individualized Education Program.
006.70D Certification Endorsement Requirements: This endorsement requires a minimum of a master's degree in speech-language pathology which includes at least 36 graduate semester hours in speech-language pathology and course work in related areas. Applicants must complete a minimum of 400 clock hours of clinical experiences and an internship, supervised by the standard institution, in school and clinic settings.
006.71 Theatre
006.71A Grade Levels: 6-12
006.71B Endorsement Type: Subject
006.71C Persons with this endorsement may teach and direct, or act as a resource person, for curricular and co-curricular courses or activities in theatre in grades 6 through 12.
006.71D Certification Endorsement Requirements: This endorsement requires a minimum of 30 semester hours in dramatic literature, history of the theatre, acting, stagecraft, costume and makeup, lighting, directing theatre productions, and theatre management, including an approved field experience.
006.72 Theatre
006.72A Grade Levels: 6-12
006.72B Endorsement Type: Supplemental
006.72C Persons with this endorsement may teach and direct, or act as a resource person, for curricular and cocurricular activities in theatre in grades 6 through 12.
006.72D Certification Endorsement Requirements: This endorsement requires a minimum of 18 semester hours in dramatic literature, history of the theatre, acting, stagecraft, costume and makeup, lighting, directing theatre productions, and theatre management, including an approved field experience.
006.73 Vocal Music
006.73A Grade Levels: PK-12
006.73B Endorsement Type: Subject
006.73C Persons with this endorsement may teach vocal music in prekindergarten through Grade 12.
006.73D Certification Endorsement Requirements: This endorsement requires a minimum of 45 semester hours in vocal music education. Vocal music course work will include theory, composition, arranging, improvisation, music history, applied music, ensemble performance, conducting, pedagogy, and technology.
006.74 Vocational Special Needs
006.74A Grade Levels: 7-12
006.74B Endorsement Type: Supplemental
006.74C Persons with this endorsement may teach vocational education to students with disadvantages and/or disabilities in grades 7 through 12.
006.74D This endorsement is available for placement on a Nebraska certificate only for those individuals who held this endorsement prior to August 1, 2018. Standard institutions of higher education will not be able to recommend this endorsement for placement on a certificate as of August 1, 2018.
006.75 Work-Based Learning
006.75A Grade Levels: 9-12
006.75B Endorsement Type: Supplemental
006.75C Persons with this endorsement may coordinate, teach, and supervise programs of instruction that develop career and life skills.
006.75D Certification Endorsement Requirements: This endorsement requires a minimum of three (3) semester hours in the coordination and supervision of work-based learning.
006.75E Work Experience: This endorsement is available only to those who have either (A) 1,000 verified hours of paid work-based experience, or (B) at least 300 hours of supervised work experience under the direction of the college or university recommending the endorsement.
006.76 World Language: Any language other than English, not including computer languages.
006.76A Grade Levels: K-8, 6-12, or K-12
006.76B Endorsement Type: Subject
006.76C Persons with this endorsement may teach a language other than English at the grade levels for which they have been prepared. Those candidates seeking a K-12 endorsement must complete course work and clinical experiences which address elementary and secondary levels.
006.76D Certification Endorsement Requirements: Candidates must complete training in second language pedagogy methods.
006.76E Candidates must demonstrate proficiency in the language of study according to the guidelines as set forth by the Board. In addition, this endorsement requires a minimum of 30 semester hours in the language of study.
006.76E1 : Upon demonstration of proficiency in the language of study through one of the assessments as set forth by the Board, a standard institution of higher education may waive up to 30 of the required hours of language study.
007 Special Services Endorsements
007.01 Audiologist
007.01A Grade Levels: Birth through Grade 12
007.01B Endorsement Type: Special Services
007.01C Persons with this endorsement may serve as an audiologist or consultant for programs involving individuals from birth through age 21.
007.01D Certification Endorsement Requirements: This endorsement requires a current Nebraska license as a Registered Audiologist from the Nebraska Department of Health and Human Services.
007.02 School Nurse
007.02A Grade Levels: PK-12
007.02B Endorsement Type: Special Services
007.02C Persons with this endorsement may practice school nursing for students prekindergarten through grade 12.
007.02D Certification Endorsement Requirements: This endorsement requires a current Nebraska license as a Registered Nurse from the Nebraska Department of Health and Human Services or another state participating in the Nurse Licensure Compact as defined in Section 71-1795 R.R.S.
007.03 Speech Language Technician
007.03A Grade Levels: Birth to age 21
007.03B Endorsement Type: Special Services
007.03C Persons with this endorsement may provide speech-language services for individuals from birth to age 21. The person must be supervised by a certified speech-language pathologist. The person may not fulfill the requirement(s) of a speech-language pathologist on a multi-disciplinary evaluation team or an individualized family service plan (IFSP) team or individual education plan (IEP) team.
007.03D Certification Endorsement Requirements: This endorsement requires the applicant to have completed a baccalaureate degree in communication disorders/speech-language pathology.
007.03E Limited Purpose: This endorsement may be placed only on the Nebraska Provisional Special Services Permit with validity, terms and renewal options as described for that permit in 92 NAC 21.
007.03F No Nebraska standard institution of higher education will be granted approval to offer a program of study leading to this endorsement.
007.04 Special Services Coaching
007.04A Grade Levels: 7-12
007.04B Endorsement Type: Special Services
007.04C The endorsement is valid only in the area of coaching extracurricular activities and may appear only on a special services permit.
007.04D The endorsement requires:
007.04D1 Successful completion of the following content from a college with an approved teacher education program or from other organizations who provide instruction in the same content:
007.04D1a First aid, health and safety for coaches; and
007.04D1b Fundamentals of coaching.
008 Designated Endorsements
008.01 The Commissioner will designate the endorsements for which evidence of a passing score on a content test or completion of equivalent professional education may substitute for coursework requirements when such endorsement is being added to an existing Nebraska certificate or permit. The designated endorsements will be listed on the Educator Certification website along with the associated content test and passing score. Equivalent professional education must be approved by the Commissioner prior to being offered as such by an equivalent professional education provider. The Commissioner will approve equivalent professional education based on the equivalence of the program of procedures, coursework, and activities to the coursework requirements for the designated endorsement.
APPENDIX A
STATUS OF ENDORSEMENTS NO LONGER IN CHAPTER 24
| ENDORSEMENT NO LONGER CONTAINED IN THIS CHAPTER | COMPARABLE REPLACEMENT TO ENDORSEMENT | REVOKED ENDORSEMENT | | --- | --- | --- | | Business Education | Business, Marketing, and Information Technology (BMIT) | | | | | | | Cooperative Education-Diversified Occupations | Work-Based Learning | | | Curriculum | Curriculum Supervisor | | | Early Childhood Education (subject) | Early Childhood Education (supplemental) | | | Early Childhood Education Unified | Early Childhood Inclusive | | | Educational Audiologist | Audiologist | | | Family and Consumer Sciences | Family and Consumer Sciences Occupational | | | General Art | Art | | | Horticulture Education | | Horticulture Education | | Industrial Technology Education | Skilled and Technical Sciences Education | | | Health Occupations | Health Sciences Education | | | Instrumental Music | Music | | | Journalism and Mass Communications | Journalism and Media Education | | | Middle Grades Education | Middle Level Education | | | Middle Grades – Natural Sciences | Middle Level Education – Science | | | Natural Science | Science | | | Physical Science (field) | Chemistry, Earth and Space Science, and Physics (subjects) | | | Pre-School Disabilities | Early Childhood Inclusive | | | Pre-School Handicapped | Early Childhood Inclusive | | | Reading | Reading and Writing | | | School Transition Specialist | Secondary Transition Specialist | | | Skilled and Technical Science Education | Skilled and Technical Sciences Education – Skilled Specific | | | Social Science | Social Studies | | | Special Education | Special Education Generalist | | | Special Education Behaviorally Disordered | Special Education Behavior Intervention Specialist | | | Special Education Deaf or Hard of Hearing/Field | Special Education Deaf or Hard of Hearing | | | Special Education Learning Disabilities | Special Education Inclusion and Collaboration Specialist | | | Special Education - Mild/ Moderate Disabilities | Special Education Generalist | | | Special Education Severe/Multiple Disabilities | Special Education Functional Academic Skills and Independent Living Specialist | | | Speech and Theatre (field) | Speech, Theatre (subjects) | |
History
- Effective 2026-06-28
Chapter 27 Professional Practices Criteria
Neb. Admin. Code tit. 92, ch. 27 Professional Practices Criteria {#sec-92-nac-27 omnilex-key=us-ne-regs-official--title-92--92 NAC 27}
001 General Information
001.01 Statutory Authority. Section 79-866 of the Revised Statutes of Nebraska (R.R.S.) requires that the Nebraska State Board of Education (Board) shall adopt and promulgate rules and regulations establishing standards of professional practices in areas including but not limited to: (1) ethical and professional performance, (2) competency, (3) continuance in professional service, and (4) contractual obligations. The Board shall receive the advice and counsel of the Nebraska Professional Practices Commission (Commission) in the adoption of such standards as they apply to the holders of public school certificates. The Board also adopts the standards in this chapter pursuant to the authority granted to it by Sections 79-318 (5)(g) and (i), 79-808 and 79-869 R.R.S., which collectively give the Board authority to adopt standards relating to professional practices for holders of all teaching, administrative, and special services certificates in Nebraska.
001.02 Scope and Application of this Chapter. This chapter contains basic professional practices criteria for all persons holding administrative, teaching, or special services certificates issued pursuant to Title 92, Nebraska Administrative Code, Chapter 21, (92 NAC 21).
001.03 Violations. Violations of the standards of this chapter constitute just cause for the suspension or revocation of a certificate by the Board or may result in an admonishment or reprimand by the Commissioner of Education (Commissioner), or the Commission in the case of holders of public school certificates, or by the Commissioner or Board in the case of holders of nonpublic school certificates. No finding of a violation of the standards set forth in this chapter shall be made unless shown by a preponderance of the evidence.
001.04 Related Regulations. Several other state regulations deal with professional practices matters. Title 95, Nebraska Administrative Code, Chapter 1 (95 NAC 1), a regulation of the Commission, deals with hearing procedures for petitions involving holders of public school certificates. Title 92, Nebraska Administrative Code, Chapter 28 (92 NAC 28) deals with investigations of complaints involving holders of both public and nonpublic certificates, hearing procedures for nonpublic school certificate cases, and determinations by the Board as a result of hearings under 95 NAC 1, Title 95, Nebraska Administrative Code, Chapter 2 (95 NAC 2), and 92 NAC 28.
002 Definitions . As used herein the following words and terms have these meanings:
002.01 Administrator shall mean any holder of a public or nonpublic administrative certificate issued pursuant to 92 NAC 21.
002.02 Admonishment shall mean a private sanction to an educator that further unprofessional or unethical conduct may result in more serious action, including the suspension or revocation of a certificate. This sanction may be imposed by the Commissioner, Commission, or Board.
002.03 Available shall mean that which can be used or obtained.
002.04 Board shall mean the Nebraska State Board of Education.
002.05 Commission shall mean the Nebraska Professional Practices Commission.
002.06 Commissioner shall mean the Nebraska State Commissioner of Education.
002.07 Communication Skills shall mean the capacity, ability, or art of giving, or giving and receiving, through any of the senses, information, ideas, and attitudes.
002.08 Competent shall mean the ability or fitness to discharge the required duties as set forth in this chapter.
002.09 Corporal Punishment shall mean the infliction of bodily pain as a penalty for disapproved behavior. This does not include physical contact that is intended to preserve order in schools or to protect persons or property from harm.
002.10 Designated Task shall mean the duty or assignment for which an educator is responsible at any given time.
002.11 Diagnosis shall mean identification of needs, strengths and weaknesses through examination, observation and analysis.
002.12 Educator shall mean a holder of a public or nonpublic teaching, administrative, or special services certificate issued pursuant to 92 NAC 21.
002.13 Effective shall mean producing a definite, desired result.
002.14 Management shall mean controlling, supervising, and guiding the efforts of others.
002.15 Policy shall mean authorized written and dated expressions of public intent which have been communicated to the educator and which reflect the general principles guiding the efforts of the school system or school toward approved goals.
002.16 Preponderance of Evidence shall mean a superiority of weight. Weight is not a question of mathematics, but depends on its effect in inducing belief.
002.17 Reasonable shall mean just; proper. Ordinary or usual. Fit and appropriate to the end in view.
002.18 Reprimand shall mean a public sanction criticizing or rebuking an educator for unprofessional or unethical conduct. This sanction may be imposed by the Commissioner, Commission, or Board.
002.19 Revocation shall mean a public sanction canceling an educator’s certificate for a certain period of time. At the expiration of the revocation period, the former educator may apply for reinstatement in accordance with 92 NAC 28. This sanction may be imposed by the Board.
002.20 Special Services Provider shall mean any holder of a public or nonpublic special services certificate issued pursuant to 92 NAC 21.
002.21 Suspension shall mean a public sanction withdrawing an educator’s certificate for a certain period of time. The certificate is automatically reinstated at the expiration of the suspension period if it has not expired during the period of suspension. This sanction may be imposed by the Board.
002.22 Teacher shall mean any holder of a public or nonpublic certificate for teaching issued pursuant to 92 NAC 21.
003 Standards of Conduct Applicable to Nonpublic School Certificate Holders
003.01 Applicability. Failure to comply with the standards of conduct in the following subsection by persons holding nonpublic school certificates may serve as the basis for disciplinary action up to and including revocation of the certificate.
003.02 Standards of Conduct. The following standards of conduct apply to holders of nonpublic certificates. The educator:
003.02A Shall possess and demonstrate the ability and skill necessary to satisfactorily complete professional duties.
003.02B Shall not commit any crime involving moral turpitude or any felony under the laws of the United States or any state or territory, and shall not have a misdemeanor conviction involving abuse, neglect, or sexual misconduct as defined in Sections 003.12 through 003.14 of 92 NAC 21.
003.02C Shall, with reasonable diligence, attend to the duties of his or her professional position.
003.02D Shall not have obtained a certificate by fraudulent means.
003.02E Shall not have had revoked for cause a teaching certificate, administrative certificate, or any certificate enabling a person to engage in any of the activities for which a special services certificate is issued in Nebraska.
003.02F Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.
003.02G Shall report to the Commissioner any known violation of Sections 003.02B, 003.02D, or 003.02E of this chapter.
003.02H Shall seek no reprisal against any individual who has reported a violation of this chapter.
004 Standards of Ethical and Professional Performance for Holders of Public School Certificates
The following standards apply to all holders of public school certificates.
004.01 Preamble: The educator shall believe in the worth and dignity of human beings. Recognizing the supreme importance of the pursuit of truth, the devotion to excellence and the nurture of democratic citizenship, the educator shall regard as essential to these goals the protection of the freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator shall accept the responsibility to practice the profession to these ethical standards.
The educator shall recognize the magnitude of the responsibility he or she has accepted in choosing a career in education, and engages, individually and collectively with other educators, to judge his or her colleagues, and to be judged by them, in accordance with the provisions of this chapter.
The standards listed in this section are held to be generally accepted minimal standards for public school certificate holders in Nebraska with respect to ethical and professional conduct and are, therefore, declared to be the criteria of ethical and professional performance adopted pursuant to the provisions of Section 79-866 R.R.S. for holders of public school certificates.
If the certificate holder is employed in a nonpublic school, that context shall be taken into account in the application of these standards.
004.02 Principle I - Commitment as a Professional Educator: Fundamental to the pursuit of high educational standards is the maintenance of a profession possessed of individuals with high skills, intellect, integrity, wisdom, and compassion. The educator shall exhibit good moral character, maintain high standards of performance and promote equality of opportunity.
In fulfillment of the educator's contractual and professional responsibilities, the educator:
004.02A Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.
004.02B Shall not discriminate on the basis of race, color, creed, gender, marital status, age, national origin, ethnic background, or disability.
004.02C Shall not use coercive means, or promise or provide special treatment to students, colleagues, school patrons, or school board members in order to influence professional decisions.
004.02D Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.
004.02E Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage.
004.02F Shall not sexually harass students, parents or school patrons, employees, or board members.
004.02G Shall not have had revoked for cause a teaching certificate, administrative certificate, or any certificate enabling a person to engage in any of the activities for which a special services certificate is issued in Nebraska.
004.02H Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.
004.02I Shall report to the Commissioner any known violation of Sections 004.02G, 004.04E, or 004.05B of this chapter.
004.02J Shall seek no reprisal against any individual who has reported a violation of this chapter.
004.03 Principle II - Commitment to the Student: Mindful that a profession exists for the purpose of serving the best interests of the client, the educator shall practice the profession with genuine interest, concern, and consideration for the student. The educator shall work to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.
In fulfillment of the obligation to the student, the educator:
004.03A Shall permit the student to pursue reasonable independent scholastic effort, and shall permit the student access to varying points of view.
004.03B Shall not deliberately suppress or distort subject matter for which the educator is responsible.
004.03C Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety.
004.03D Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student.
004.03E Shall keep in confidence personally identifiable information that has been obtained in the course of professional service, unless disclosure serves professional purposes, or is required by law.
004.03F Shall not tutor for remuneration students assigned to his or her classes unless approved by the local board of education.
004.03G Shall not discipline students using corporal punishment.
004.04 Principle III - Commitment to the Public: The magnitude of the responsibility inherent in the education process requires dedication to the principles of our democratic heritage. The educator bears particular responsibility for instilling an understanding of and confidence in the rule of law, a respect for individual freedom, and a responsibility to promote respect by the public for the integrity of the profession.
In fulfillment of the obligation to the public, the educator:
004.04A Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator's personal and institutional views.
004.04B Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities.
004.04C Shall neither offer nor accept gifts or favors that will impair professional judgment.
004.04D Shall support the principle of due process and protect the political, citizenship, and natural rights of all individuals.
004.04E Shall not commit any act of moral turpitude or any felony under the laws of the United States or any state or territory, and shall not have a misdemeanor conviction involving abuse, neglect, or sexual misconduct as defined in Sections 003.12 through 003.14 of 92 NAC 21.
004.04F Shall, with reasonable diligence, attend to the duties of his or her professional position.
004.05 Principle IV - Commitment to the Profession: In the belief that the quality of the services to the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to improve service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education. The educator shall believe that sound professional relationships with colleagues are built upon personal integrity, dignity, and mutual respect.
In fulfillment of the obligation to the profession, the educator:
004.05A Shall provide upon the request of an aggrieved party, a written statement of specific reasons for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.
004.05B Shall not misrepresent his or her professional qualifications, nor those of colleagues.
004.05C Shall practice the profession only with proper certification, and shall actively oppose the practice of the profession by persons known to be unqualified.
004.06 Principle V- Commitment to Professional Employment Practices: The educator shall regard the employment agreement as a pledge to be executed both in spirit and in fact. The educator shall believe that sound personnel relationships with governing boards are built upon personal integrity, dignity, and mutual respect.
In fulfillment of the obligation to professional employment practices, the educator:
004.06A Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
004.06B Shall not knowingly withhold information regarding a position from an applicant or employer, or misrepresent an assignment or conditions of employment.
004.06C Shall give prompt notice to the employer of any change in availability of service.
004.06D Shall conduct professional business through designated procedures, when available, that have been approved by the employing agency.
004.06E Shall not assign to unqualified personnel, tasks for which an educator is responsible.
004.06F Shall permit no commercial or personal exploitation of his or her professional position.
004.06G Shall use time on duty and leave time for the purpose for which intended. Standards of Competent Professional Performance for Holders of Public School Certificates
005 Standards of Competent Professional Performance for Holders of Public School Certificates
The following standards apply only to holders of public school certificates.
005.01 General: The standards listed in this section are held to be generally accepted minimal standards for public school certificate holders in Nebraska with respect to competent performance and are therefore declared to be the criteria of competency adopted pursuant to the provisions of Section 79-866 R.R.S.
005.02 Administrative and Supervisory Requirements for Holders of Public School Certificates:
Educators must possess the abilities and skills necessary to accomplish the designated task. Therefore,
005.02A Each educator shall:
005.02A1 Keep records for which he or she is responsible in accordance with law and policies of the school system;
005.02A2 Supervise others in accordance with law and policies of the school system;
005.02A3 Recognize the role and function of community agencies and groups as they relate to the school and to his or her position, including but not limited to health and social services, employment services, community teaching resources, cultural opportunities, educational advisory committees, and parent organizations.
005.02B Each teacher and special services provider shall:
005.02B1 Utilize available instructional materials and equipment necessary to accomplish the designated task;
005.02B2 Adhere to and enforce written and dated administrative policy of the school which has been communicated to the teacher or special services provider;
005.02B3 Use channels of communication when interacting with administrators, community agencies, and groups, in accordance with school policy.
005.02C Each administrator shall:
005.02C1 Use available instructional personnel, materials and equipment necessary to accomplish the designated task;
005.02C2 Adhere to and enforce school law, state board regulation, and written and dated school board policy which has been communicated to the administrator;
005.02C3 Use channels of communication when interacting with teachers, community agencies and groups in accordance with school policy.
005.03 Analysis of Individual Needs and Individual Potential for Holders of Public School Certificates: The educator shall utilize or promote the utilization of diagnostic techniques to analyze the needs and the potential of individuals. These may include but need not necessarily be limited to:
005.03A Personal observation;
005.03B Analysis of individual performance and achievement;
005.03C Specific performance testing.
005.04 Instructional Procedures for Holders of Public School Certificates: Each educator shall seek accomplishment of the designated task through selection and utilization of appropriate instructional procedures. Therefore,
005.04A Each educator shall:
005.04A1 Create an atmosphere which fosters interest and enthusiasm for learning and teaching;
005.04A2 Use procedures appropriate to accomplish the designated task;
005.04A3 Encourage expressions of ideas, opinions and feelings.
005.04B Each teacher shall:
005.04B1 Create interest through the use of materials and techniques appropriate to the varying abilities and background of students;
005.04B2 Consider individual student interests and abilities when planning and implementing instruction.
005.04C Each administrator shall:
005.04C1 Support the creation of interest by providing the materials, equipment and encouragement necessary for the teacher to accomplish the designated task;
005.04C2 Make reasonable assignment of tasks and duties in light of individual abilities and specialties and available personnel resources.
005.05 Communication Skills for Holders of Public School Certificates: In communicating with students and other educators, each educator, within the limits prescribed by his or her assignment and role, shall:
005.05A Utilize information and materials that are relevant to the designated task;
005.05B Use language and terminology which are relevant to the designated task;
005.05C Use language which reflects an understanding of the ability of the individual or group;
005.05D Assure that the designated task is understood;
005.05E Use feedback techniques which are relevant to the designated task;
005.05F Consider the entire context of the statements of others when making judgments about what others have said;
005.05G Encourage each individual to state his ideas clearly.
005.06 Management techniques for Holders of Public School Certificates: The educator shall:
005.06A Resolve discipline problems in accordance with law, school board policy, and administrative regulations and policies;
005.06B Maintain consistency in the application of policy and practice;
005.06C Use management techniques which are appropriate to the particular setting such as group work, seat work, lecture, discussion, individual projects and others;
005.06D Develop and maintain positive standards of conduct.
005.07 Competence in Specialization for Holders of Public School Certificates: Each educator shall:
005.07A Possess knowledge, within his or her area of specialization, consistent with his or her record of professional preparation;
005.07B Be aware of current developments in his or her field;
005.07C Possess knowledge of resources which may be utilized in improving instruction in his or her area of specialization.
005.08 Evaluation of Learning and Goal Achievement for Holders of Public School Certificates: An educator shall accept responsibility commensurate with delegated authority to evaluate learning and goals achievement, and each educator shall:
005.08A Utilize several types of evaluation techniques;
005.08B Provide frequent and prompt feedback concerning the success of learning and goal achievement efforts;
005.08C Analyze and interpret effectively the results of evaluation for judging instruction, the achievement of stated goals, or the need for further diagnosis;
005.08D Utilize the results of evaluation for planning, counseling and program modification;
005.08E Explain methods and procedures of evaluation to those concerned.
005.09 Human and Interpersonal Relationships for Holders of Public School Certificates: Educators shall possess effective human and interpersonal relations skills and therefore:
005.09A Shall allow others who hold and express differing opinions or ideas to freely express such ideas;
005.09B Shall not knowingly misinterpret the statement of others;
005.09C Shall not show disrespect for or lack of acceptance of others;
005.09D Shall provide leadership and direction for others by appropriate example;
005.09E Shall offer constructive criticism when necessary;
005.09F Shall comply with reasonable requests and orders given by and with proper authority;
005.09G Shall not assign unreasonable tasks;
005.09H Shall demonstrate self-confidence and self-sufficiency in exercising authority.
005.10 Personal Requirements for Holders of Public School Certificates: In assessing the mental or physical health of educators, no decision adverse to the educator shall be made except on the advice or testimony of personnel competent to make such judgment by reason or training, licensure and experience. However, certain behaviors are held to be probable cause to examine, and each educator within the scope of delegated authority shall:
005.10A Be able to engage in physical activity appropriate to the designated task except for temporary disability;
005.10B Be able to communicate so effectively as to accomplish the designated task;
005.10C Appropriately control his or her emotions;
005.10D Possess and demonstrate sufficient intellectual ability to perform designated tasks. Standards for Continuance in Professional Service for all Certificate Holders
006 Standards for Continuance in Professional Service for all Certificate Holders
Continuance in professional service requires the maintenance of a valid teaching, administrative, or special services certificate in accordance with the laws of the State of Nebraska.
007 Standards for Contractual Obligations for all Certificate Holders
Educators shall adhere fully to the terms of a contract or appointment.
History
- Effective 2003-11-12
Chapter 28 Professional Practices Investigations and Nonpublic Certificate Hearings
Neb. Admin. Code tit. 92, ch. 28 Professional Practices Investigations and Nonpublic Certificate Hearings {#sec-92-nac-28 omnilex-key=us-ne-regs-official--title-92--92 NAC 28}
001 General Information
001.01 Statutory Authority. Neb. Rev. Stat. §§ 79-859 to 79-870 provide the basis for the State Board of Education (Board) to revoke or suspend any teacher, administrator, or special services certificate for just cause.
001.02 Scope and Application of this Chapter. This chapter governs investigations and hearings involving complaints against holders of teaching, administrative, or special services certificates issued pursuant to Title 92, Nebraska Administrative Code (NAC), Chapter 21, for alleged violations of standards of professional practices applicable to such certificated individuals as contained in 92 NAC 27. This chapter also governs the reinstatement of a certificate after a specified period of revocation. This chapter is not applicable to noncertificated individuals monitoring instruction in exempt schools under 92 NAC 13.
002 Definitions . As used in this chapter:
002.01 Administrator means any holder of a certificate for administration or supervision issued pursuant to 92 NAC 21.
002.02 Admonishment means a private sanction to a certificate holder that further violations of 92 NAC 27 may result in more serious action, including the suspension or revocation of a certificate. This sanction may be imposed by the Commissioner or the Board.
002.03 Board means the State Board of Education.
002.04 Certificate means a certificate or permit issued pursuant to 92 NAC 21.
002.05 Certificate holder means any holder of a certificate .
002.06 Commissioner means the Nebraska State Commissioner of Education.
002.07 Complainant means any individual(s) or organization(s) filing a complaint with the Commissioner.
002.08 Department means the Nebraska State Department of Education, which is comprised of the Board and the Commissioner.
002.09 Permanent Revocation means a public sanction canceling a certificate holder’s certificate for the life of the certificate holder.
002.10 Reinstatement means the approval by the Board to apply for a certificate issued pursuant to 92 NAC 21 after a specified period of revocation.
002.11 Reprimand means a public sanction criticizing or rebuking a certificate holder for violations of 92 NAC 27 . This sanction may be imposed by the Commissioner or the Board.
002.12 Respondent means any individual(s) who is charged in a complaint or petition with allegedly violating standards of professional practices as contained in 92 NAC 27.
002.13 Revocation means a public sanction canceling a certificate for a specified period of time. At the expiration of the revocation period, the former certificate holder may apply for reinstatement in accordance with this chapter . This sanction may be imposed by the Board.
002.14 Special services certificate holder means any person holding a special services certificate issued pursuant to 92 NAC 21.
002.15 Suspension means a public sanction withdrawing the authority of a certificate for a specified period of time. This sanction may be imposed by the Board.
002.16 Teacher means any holder of a certificate .
003 Complaints and Investigations
003.01 Complaint Procedures. Anyone having an interest in, or information about, an alleged violation of the standards of professional practices relating to certificate holders, as contained in 92 NAC 27, may file a signed, written complaint with the Commissioner. The complainant must use the form prescribed by the Board.
003.02 Contents of Complaint. The complaint must contain the following information:
003.02A The full name and address of the complainant;
003.02B The full name and address, if known, of the respondent;
003.02C A concise statement of the facts which the complainant believes constitute a violation of professional practices; and
003.02D The full names and addresses of any witnesses able to testify as to the facts alleged.
003.03 Distribution of Complaint. Within fifteen (15) days of the filing of a complaint, the Commissioner must serve a copy of the complaint on the certificate holder by certified mail, return receipt requested, to the last known address of the person. If service cannot be completed in this manner, it may be accomplished in accordance with state law regarding service of summons.
003.04 Response to Complaint. The certificate holder may, within fifteen (15) days of receipt of the complaint, request in writing the opportunity to informally present a position or defense with respect to the allegations in the complaint. This position or defense may be submitted in writing, or a personal conference with an investigator assigned by the Commissioner may be held if the written request is made within fifteen (15) days of the receipt of the complaint.
003.05 Evaluation and Investigation. Upon receipt of a complaint, the Commissioner or his or her designee must evaluate the complaint to determine if the facts alleged are sufficient to constitute a violation of 92 NAC 27. At his or her discretion, the Commissioner may assign an investigator to evaluate the complaint and may cause an investigation to be made into the circumstances surrounding the complaint.
003.05A It is the obligation and responsibility of the investigator to prepare a report for the consideration of the Commissioner, which report must contain the position or defense of the respondent, if any; identify the basis for jurisdiction; and set forth any legal arguments and authorities that appear applicable to the case. The report must include a recommendation as to whether there exists legally sufficient grounds for further proceedings and a recommendation of one of the following: Dismissal , further inquiry, admonishment, reprimand, or the filing of a petition.
003.05B The respondent must be mailed, or sent by electronic mail, a copy of the investigator's report and must be given twelve (12) days from the date of the mailing of the report to file exceptions with the investigator. After the expiration of this time limit, the investigator must file with the Commissioner a report in accordance with the provisions of section 003.05A of this chapter along with the respondent's exceptions, if any.
003.06 Action by the Commissioner. Following the evaluation and investigation, if any, of the complaint, the Commissioner must take one of the following actions:
003.06A Dismiss the Complaint. Such dismissal may be accompanied by an admonishment or reprimand to the certificate holder, or other action the Commissioner deems appropriate, without a hearing, if the Commissioner determines that:
003.06A1 The alleged violation is not serious enough to warrant suspension or revocation;
003.06A2 No public interest would be served by a formal hearing; and
003.06A3 The certificate holder gives written acceptance of or agreement to the admonishment, reprimand, or other action.
003.06B File a petition pursuant to section 004 of this chapter and 92 NAC 61.
003.07 Voluntary Surrender of Certificate(s). A certificate holder may voluntarily surrender his or her certificate(s) if, in writing, the certificate holder either admits or does not contest the truth of any allegation and waives all proceedings against him or her in connection with holding a certificate. Any such voluntary surrender shall be treated as a permanent revocation .
003.08 Dismissal. Any dismissal of a complaint in accordance with section 003.06A of this chapter shall be deemed to be a final resolution of the matter and is not subject to appeal .
004 Petitions
004.01 Petitions by Commissioner. A petition may be filed by the Commissioner if he or she determines, as a result of a complaint, investigation, or as a result of information that he or she receives independent of a complaint or investigation, that:
004.01A The Board has jurisdiction over the parties and subject matter; and
004.01B Either:
004.01B1 The alleged violation is serious enough to warrant suspension or revocation of respondent's certificate;
004.01B2 The public interest would be served by a formal hearing; or
004.01B3 Respondent does not accept an admonishment or reprimand.
004.02 Filing of the Petition. Each petition must be filed in accordance with 92 NAC 61, except as otherwise provided in this chapter, and be based upon the applicable standards of professional practices as contained in 92 NAC 27 at the time of the alleged violation of such standards by the certificate holder. .
004.03 Notice to File Answer. Upon the filing of a petition, the Commissioner must send the respondent by certified mail, return receipt requested, a copy of the petition and a notice that the respondent must file an answer within twenty (20) days after the receipt of such notice. Mailing by certified mail of any notice required under this chapter must be to respondent's last known address.
004.04 Answer. The respondent must file an answer to the petition that conforms with 92 NAC 61.
004.05 Default. If no answer is filed pursuant to the requirements of this chapter within twenty (20) days, the respondent will be in default and will have waived any right to a hearing.
004.05A Upon a default, the Commissioner must file supporting information in the form of affidavits, court records, or other documentation regarding the allegations in the petition. Based upon the petition, pleadings, and filed supporting information, the Board must render a final decision without any hearing or further notice to the respondent.
004.06 Petitions for Reinstatement. Upon the expiration of the specified period of a revocation order, a person may petition the Board for reinstatement of his or her certificate under the applicable provisions of this chapter and 92 NAC 61.
005 Hearings
005.01 Hearing Officer. Upon the filing of an answer by the respondent, a hearing officer will be appointed by the Board President. The hearing officer must conduct a hearing on the petition pursuant to 92 NAC 61.
005.02 Recommendations to the Board. The hearing officer must file recommendations with the Board that include recommended findings of fact, recommended conclusions of law, and a recommended decision. Such recommendations must also include a verbatim transcript of the hearing and a copy of all pleadings and exhibits.
005.03 Rules of Evidence. Notwithstanding any provisions in 92 NAC 61, the hearing will be conducted pursuant to the rules of evidence applicable to the district courts of Nebraska, unless mutually waived by the parties.
006 Board Review and Decision
006.01 Scheduling of Review Hearing. The Board must schedule a hearing for the purpose of reviewing the recommendations received from the hearing officer and notify the parties at least ten (10) days prior to such scheduled hearing.
006.02 Conduct of Review Hearing. The review hearing will be conducted as follows:
006.02A The Board President or any other member designated by the Board to preside will open and close the proceedings, enter the recommendations of the hearing officer into the record, and will rule on all matters, although such rulings may be altered or reversed at the time of such rulings by majority vote of the Board members present for the review hearing.
006.02B The petitioner and respondent will each be given an opportunity to present oral arguments regarding the recommendations. The Board may set time limits for such arguments.
006.02C The Board may not receive additional evidence and will limit case summaries and oral arguments to matters reflected in the record before it.
006.03 Decision and Order. The Board must enter a decision and order as provided in 92 NAC 61.
History
- Effective 2024-09-28
Chapter 41 Private Postsecondary Career Schools Authorization to Operate
Neb. Admin. Code tit. 92, ch. 41 Private Postsecondary Career Schools Authorization to Operate {#sec-92-nac-41 omnilex-key=us-ne-regs-official--title-92--92 NAC 41}
TITLE 92
CHAPTER 41
001 General Information
001.01 Statutory Authority. This chapter is adopted pursuant to Section 85-1601 et seq. of the Revised Statutes of Nebraska, (R.R.S.). Such sections may be cited as the Private Postsecondary Career School Act.
001.02 Scope of this Chapter. This chapter provides the procedures for the authorization to operate, and accredit private postsecondary career schools in Nebraska, and granting of authority to award associate degrees.
001.03 Related Chapters and Statutes. Chapter 42 of Title 92 of the Nebraska Administrative Code (92 NAC 42) provides the procedures for granting permits for agents for private postsecondary career schools. The regulations governing the complaint and investigation procedures for private postsecondary career schools under this chapter are contained in 92 NAC 43. 92 NAC 44 contains the procedures for administration of the Tuition Recovery Cash Fund. Copies of these related regulations are available from the Nebraska Department of Education. The procedures and criteria used by the Coordinating Commission for Postsecondary Education for approval of private colleges are contained in Sections 85-2401 through 85-2421 R.R.S. and regulations promulgated thereunder.
001.04 Implementation Date. The implementation date will be July 1, 2007 or the effective date of this Chapter, whichever is latter.
002 Definitions . As used in this chapter:
002.01 Administrative Staff means those persons hired by the resident director to perform administrative duties for the school.
002.02 Authorization to Operate means approval by the Department to operate a private postsecondary career school in this state.
002.03 Board means the State Board of Education.
002.04 Branch Facility means a facility which:
002.04A is separate from a principal facility;
002.04B offers a full program and full student services;
002.04C is under the supervision of an on-site director or administrator;
002.04D the ownership, management, and control of which are the same as the principal facility, and
002.04D1 which principal facility is responsible for the delivery of all services, or
002.04D2 at which education is offered by a franchisee of a franchisor authorized to operate as a private postsecondary career school pursuant to the Act if the franchisor establishes the course curriculum and guidelines for teaching at the franchisee's facility.
002.05 Calendar Year means a 12-month period beginning January 1 and ending December 31.
002.06 Certificate of Approval to Recruit means approval by the Department for out-of-state schools to recruit students in this state.
002.07 Commission means the Coordinating Commission for Postsecondary Education.
002.08 Commissioner means the Commissioner of Education.
002.09 Course of Study or Instruction means a program of study, training, or instruction consisting of a series of lessons or classes which are coordinated as a curriculum or program of instruction to prepare or qualify individuals or improve or upgrade the skills needed for employment, career opportunities, or any specific occupation.
002.10 Delivery Mode means classroom instruction, distance education or both which is delivered in any of the following manners: resident, independent study, practical training, correspondence, or distance learning technology.
002.11 Department means the State Department of Education.
002.12 Distance education means instruction offered by any means in which the student and faculty member are in separate physical locations and includes, but is not limited to, online, interactive video, and correspondence courses or programs.
002.13 Education or Educational Services means any class, course, or program of occupational training, instruction, or study.
002.14 Entity means any individual, company, firm, society, group, association, partnership, corporation, trust, or other person.
002.15 Fiscal Year means a period of time consisting of 12 consecutive months as defined by the accounting practices of the individual school.
002.16 Grant with respect to educational credentials, means award, sell, confer, bestow, or give.
002.17 Nationally Accredited means accreditation of institutions and programs that have been approved by an accrediting body or bodies of national scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.
002.18 Offer shall include, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform a described act.
002.19 Out-of-State School means any private postsecondary career school which has its place of instruction or its principal location outside the boundaries of this state and which offers or conducts courses of instruction or subjects on the premises of the school, provides distance education or offers or provides Nebraska students with courses of instruction or subjects through activities engaged in or conducted outside the boundaries of Nebraska.
002.20 Principal Facility or Main School means a private postsecondary career school located and authorized to operate in the State of Nebraska.
002.21 Private Postsecondary Career School means any organization or business enterprise which is not specifically exempt under the Act, and which offers a course of study or instruction for which tuition is charged, even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.
002.22 Program means the complete body of prescribed subjects or studies for the purpose of training, preparing, or improving the person for an occupation.
002.23 Quarter Credit Hour means a minimum of 10 classroom periods of not less than 50 minutes each and which assumes outside reading and/or preparation; or 20 clock laboratory hours where classroom theory is applied; or 30 hours of external program-related work experience or any proportional combination of the above totaling at least 100 percent when added together as a percentage of each category.
002.24 Regionally Accredited means accreditation of institutions and programs that have been approved by an accreditation body of regional scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.
002.25 Resident Director means an individual entrusted with the direction and operation of a school. He or she shall have administrative responsibilities for the educational programs and policy making authority in curriculum, appointment of instructional staff, and scheduling of classes.
002.26 Resident School means any school offering courses of instruction to its students on the school's premises.
002.27 Semester Credit Hour means a minimum of 15 classroom periods of not less than 50 minutes each and which assumes outside reading and/or preparation; or 30 laboratory clock hours where classroom theory is applied; or 45 hours of external program-related work experience; or a proportional combination of the above totaling at least 100 percent when added together as a percentage of each category.
002.28 Separate Classroom means a supplemental training space:
002.28A which is located near the main school for the purpose of expanding the educational offerings or for training an overflow of students who cannot be accommodated at the main school;
002.28B which is close enough to the main school to assure immediate supervision and administration of all essential student services by the main school and ready access by students to the student services available, and
002.28C in which the only required onsite service is teaching.
002.29 Short-term training means classes, courses, or programs of instruction or study that are offered for the purpose of training, preparing, or improving a person for an occupation when (a) the total hours of instruction required for completion is sixteen clock hours or less and (b) no final course grade is given to persons enrolled.
002.30 Significant Program Change means (a) the name of the program; (b) a change in academic measurement from clock hours to credit hours or vice versa, or a change from quarter to semester credit hours or vice versa; or, (c) any change of twenty-five (25) percent or more in credit awarded, curriculum content (courses offered), or program length of a currently approved program if such changes occur between any two (2) applications for renewal of authorization to operate.
002.31 Unearned Tuition means money paid by an individual to a school for classes which will be held in a future attendance period or for classes which are no longer available due to termination of operation of the school.
002.32 The Act means the Private Postsecondary Career School Act.
003 Education and Schools Exempted . No entity of whatever kind, alone or in concert with others, shall operate, in the State of Nebraska, a private postsecondary career school which is not exempt unless the school has a currently valid authorization to operate.
003.01 The following education and schools are exempted from the provisions of the Act and this chapter:
003.01A Schools exclusively offering instruction at any or all levels from preschool through the twelfth grade;
003.01B Education sponsored by a bona fide trade, business, professional, or fraternal organization which is offered solely for that organization's membership or offered without charge;
003.01C Education provided by or funded by an employer and offered solely to its employees for the purpose of improving such persons in such employment;
003.01D Education solely avocational or recreational in nature, as determined by the Department;
003.01E Educational programs offered by a charitable institution, organization, or agency as long as such education or training is not advertised or promoted as leading toward occupational objectives;
003.01F Public postsecondary schools established, operated, and governed by this state or its political subdivisions or similar entities in other states as determined by the Department;
003.01G Schools or organizations offering education or instruction that is not part of a degree program leading to an associate, a baccalaureate, a graduate, or a professional degree which are licensed and regulated by agencies of this state other than the department, except that such schools or organizations shall not be exempt from the Act (and the provisions of 92 NAC 42 and 44) with respect to agents permits and the Tuition Recovery Cash Fund.
003.01H Schools or organizations which offer education or instruction and which are licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff;
003.01I Any postsecondary institution offering or proposing to offer courses or programs leading to a baccalaureate, graduate, or professional degree, but whose offerings may include associate degree programs, diplomas, and other certificates based on the award of college credit, including any such institutions that were regulated prior to May 5, 2011, as private postsecondary career schools pursuant to the Act;
003.01J Entities exclusively offering short-term training; and
003.01K Distance education programs offered by out-of-state schools authorized in accordance with an interstate reciprocity agreement for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of Section 85-2405, R.R.S..
004 Minimum Standards . A school shall demonstrate that it can be maintained and operated in accordance with the following provisions:
004.01 Educational Quality. The course content or curriculum shall be designed toward specific preparation for employment which includes the following:
004.01A The program objective shall be clearly stated, indicating credentials to be awarded or skills to be acquired.
004.01B The curriculum objectives shall include development of skills, provision of job related training, the imparting of information, and training in the application of knowledge.
004.01C The curriculum shall be based on the knowledge and skill required in the occupations to enable those seeking employment after graduation to secure at least entry level positions in the occupation for which they have been trained.
004.01D The curriculum designed for specific preparation for employment shall reflect current occupational trends and changing needs of job requirements.
004.01E Each course in the curriculum shall have a brief description showing the specific knowledge to be learned or skills to be acquired.
004.02 Facilities and Equipment. The school shall have training facilities with equipment and the necessary work stations to properly train each student.
004.02A The building, work space, and equipment shall comply with local fire, building, health, and safety requirements, and be adequate to accommodate the educational program(s) of the school.
004.02B The school shall provide information to the Department on the major items of equipment available or which will be available for instruction relative to year, make, and model and with respect to state of the art technology.
004.03 Ownership: No persons who have financial interest of twenty-five (25) percent or more of the ownership shall have any felony convictions.
004.03A Any owner who is disqualified on account of any felony convictions shall have a right to appeal as provided in section 004.06.
004.04 Administrative Staff. Each school shall designate a resident director and administrative staff members who:
004.04A Shall file with the Department, no later than thirty (30) days following hiring, an administrative/director’s qualification form furnished by the Department. Applicants must be approved by the Department.
004.04B Have no felony convictions. Any staff member who is disqualified for the position on account of any felony conviction shall have a right to appeal as provided in section 004.06.
004.04C Possess background, qualification and experience adequate for the position as demonstrated through experience and ability to direct the school operations successfully.
004.05 Instructional Staff. The school shall have a sufficient number of qualified and experienced instructors in the subject areas for which they are assigned to provide instructional services to students.
004.05A The school shall file with the Department, no later than thirty (30) days following hiring, an instructor’s qualification form furnished by the Department.
004.05B The school shall employ instructors who are competent to provide the training contemplated.
004.05C The instructors shall be qualified either by three (3) years of trade or professional experience at a journeyman level, or its equivalent in the trade or specialty to be taught, or a baccalaureate or associate degree in that trade or specialty and one (1) year of trade or professional experience at a journeyman level, or its equivalent in the trade or specialty to be taught, or file a contingency plan approved by the Department whereby the minimum requirements will be met within three (3) years, with the school providing a yearly progress report on the plan.
004.05D If the school prepares students for an occupation that requires a license(s), the instructor shall maintain the appropriate license(s).
004.06 Appeals Procedure
004.06A Notice. An owner, resident director, or administrative staff member in a private postsecondary career school who the Department determines does not meet the minimum qualifications because of any prior felony conviction shall be notified in writing of the intent to deny approval.
004.06B Request for Review. Within twenty calendar days of the applicant’s receipt of the notice of the intent to deny approval, the affected party(s) may request in writing a review by the Commissioner or the Commissioner’s designee. Following the review, the Commissioner or the Commissioner’s designee shall:
004.06B1 Notify the affected party(s) that the Department will approve his/her qualification as having met the requirements to own or be employed at the school: or
004.06B2 Notify the affected party(s) that his/her qualification has failed to meet the requirements.
004.07 Hearings: Within twenty calendar days of receipt of the notice of the Commissioner’s denial of approval to own or administer the school, the affected party(s) may appeal the Commissioner’s decision to the State Board of Education pursuant to 92 NAC 61.
004.08 Guidelines for Review. In considering whether to approve or disapprove an applicant based upon felony convictions, the Commissioner and the Board shall take into account the following factors:
004.08A The nature of the crime, the facts and circumstances surrounding the applicant’s conviction, the sentence received, and whether the sentence was commuted, set aside, or pardoned;
004.08B The applicant’s age at the time of the conduct;
004.08C The recency of the conduct;
004.08D The applicant’s positive social contributions since the conduct; and
004.08E The reliability of the information concerning the conduct.
004.09 Publication of Catalogs. Each school shall publish and present to each prospective student prior to the execution of any enrollment agreement, a catalog which shall include at least the following information:
004.09A The full name and address of the school;
004.09B Identifying data, such as catalog number and date of publication;
004.09C Table of contents;
004.09D Names of owners and officers, including any governing boards;
004.09E The school calendar, including holidays, enrollment periods, and beginning and ending dates of terms;
004.09F A description of the school's facilities and equipment used for training;
004.09G Specific and written statement of program objective(s) and teacher-to-student ratio established by the school for each program offered.
004.09H A description of each authorized educational service offered, including courses or programs offered, tuition, fees, length, or, in case of correspondence schools, number of lessons or units of instruction, as appropriate;
004.09I The school's enrollment procedures and entrance requirements, including late enrollment if permitted;
004.09J A description of the school's placement assistance. If no assistance is offered, the school must state this fact;
004.09K The school's attendance policy including minimum attendance requirements;
004.09K1 The circumstances under which a student's enrollment will be interrupted for unsatisfactory attendance, and the conditions under which a student may subsequently be readmitted;
004.09L The school's policy concerning satisfactory progress, which shall include:
004.09L1 How progress is measured and evaluated, including an explanation of any system of grading used;
004.09L2 The conditions under which the student may be readmitted if terminated for unsatisfactory progress, and
004.09L3 Description of any probation policy;
004.09M The school's system of making progress reports to students;
004.09N The school's policy regarding student conduct, including causes for dismissal and conditions for readmission;
004.09O The school's policy concerning credit granted for previous education, training or experience;
004.09P The school's refund policy which shall also include the school's method of determining the official date of termination;
004.09Q The school’s procedure for addressing student complaints including the statement, “The student may contact the Program Director of Private Postsecondary Career Schools at the Nebraska Department of Education.”
004.09R A school located and authorized to operate in Nebraska by the Commissioner is permitted to use a statement printed in the catalog reading: "Authorized to operate and regulated by the Commissioner of Education."
004.09R1 A school not authorized to operate by the Commissioner but which has been issued “agents’ permits” pursuant to Chapter 42, is permitted to use a statement printed in the catalog reading: "Agents permits issued by the Commissioner of Education.”
004.09S Supplemental page(s) may be used as part of the school catalog provided they are used in such a way as to become an effective part of the catalog. Supplemental page(s) shall show an effective date and shall be presented to each prospective student prior to execution of any enrollment contract.
004.10 Educational Credentials.
004.10A A certificate shall be conferred only upon successful completion of an approved prescribed course of study as listed in the catalog.
004.10B A diploma may be conferred only upon the successful completion of the prescribed course of instruction of not less than four hundred and fifty (450) clock hours or thirty (30) semester or forty-five (45) quarter credit hours or the equivalent in length as stated in the catalog.
004.10C An associate degree shall be conferred only upon successful completion of an approved prescribed course of instruction of not less than sixty (60) semester or ninety (90) quarter credit hours or the equivalent.
004.10D Measurement. One semester credit hour is equivalent to each fifteen (15) clock hours of lecture, or thirty (30) clock hours of laboratory, or forty-five (45) clock hours of externship. One quarter credit hour is equivalent to each ten (10) clock hours of lecture, or twenty (20) clock hours of laboratory, or thirty (30) clock hours of externship.
004.11 Building and Sanitation Standards. The premises and conditions under which students work and study and the living quarters that are owned or approved for student housing by the school shall meet the sanitation and safety requirements of all local and state regulating agencies.
004.12 Financial Stability. The school shall have adequate revenues and assets to meet the school’s financial obligations; to provide adequate services to its students and prospective students; to provide refunds when students have justifiable claims against the school, and to refund all unearned tuition and other charges within a reasonable period of time if the school is dissolved.
004.12A At a minimum, a school requesting reauthorization to operate shall submit financial statements prepared in accordance with the Generally Accepted Accounting Principles (GAAP) for the school's most recently completed fiscal year along with the application for authorization to operate. Schools that prepare audited financial statements must submit the audited financial statements. If the school is affiliated with a corporation/parent organization, a copy of the parent organization’s most recent financial statements prepared by an independent CPA shall also be submitted.
004.12B In evaluating the financial statements, a school requesting reauthorization to operate must meet at least one of the following criteria:
004.12B1 The financial statements must demonstrate a minimum ratio of current assets to current liabilities of at least 1:1 for an institution's latest fiscal year. Asset Ratio is calculated by adding cash and cash equivalents to current accounts receivable and dividing the sum by total current liabilities.
004.12B2 The school must have a positive net worth in which total assets exceed total liabilities for its latest fiscal or calendar year.
004.12B3 The school shall show a profit for the most recent fiscal or calendar year or two previous years combined.
004.12C An applicant school that is applying for an inaugural authorization to operate shall submit the owners’ financial statements and the most recent federal and state income tax reports.
004.12D The school shall provide documentation to the Department regarding liens, fines, limitations, or suspensions levied against the school which occurred during the last calendar year.
004.12E If after analyzing a school's financial reports and records it is determined by the Department that the school has not met the requirements of sections 004.12A or 004.12B, the school shall be required to grant authorization to the Department to recruit an independent CPA, mutually agreed upon by the school and the Department, to review the accounts of the school. The cost of such review shall be borne by the school. Failure to grant such authorization will be sufficient grounds to deny an authorization to operate to the school for failure to demonstrate financial stability.
004.13 Advertising. All advertising and promotional materials shall include the full and correct name and location of the school.
004.13A All materials used in this state shall be completely truthful and shall refrain from giving any false, misleading, or exaggerated impression with respect to the school, its personnel, its courses and services, or the occupational opportunities for its graduates.
004.13B When using the classified column of a newspaper or other publication to recruit students, the school shall use only column headings such as "Education," "Schools," or "Instruction," and not "Help Wanted," “Employment," or "Business Opportunities."
004.13C During recruitment, no statement or representation shall be made that students will be guaranteed employment nor shall any school or its representative thereof falsely represent opportunities concerning income.
004.13D No dollar amount(s) shall be quoted in any advertising as representative or indicative of the earning potential of graduates, unless the facts are substantiated and the supporting data made available for inspection.
004.13E The school’s representatives shall refrain from using unethical, deceptive, or derogatory practices in recruiting students or in any reference to competitors.
004.13F All advertising or promotional materials shall clearly identify any branch facility as such and shall not portray it as a separate stand alone campus facility.
004.14 Refund of Unearned Tuition and Fees. The school has and adheres to a reasonable refund policy of unearned tuition and fees paid in advance by an enrollee who fails to enter, or withdraws, or is discontinued therefrom prior to completion of the study. Refunds of unearned tuition, fees, and other charges shall be made in the following manner within sixty (60) days of termination:
004.14A If cancellation occurs within seventy-two (72) hours of enrollment, all monies paid shall be refunded.
004.14B If cancellation occurs after seventy-two (72) hours of enrollment, but before resident classes begin, or distance education materials are delivered, a refund shall be made of all tuition paid except a registration fee not to exceed one hundred fifty dollars ($150.00).
004.14C If cancellation occurs after resident classes have begun or after distance education materials have been delivered, the school shall adhere strictly to the refund policy published in the school catalog or in the enrollment agreement. Once books and supplies have been issued, they become the property of students and any refunds on them shall be at the discretion of the school.
004.14D A full refund is due students whose contracted educational services are denied as a result of intentional deception, or misrepresentation of facts, or the use of advertising which is known to be false, inaccurate, or misleading.
004.14E A full refund is due an individual whose admission is denied by the school.
004.14F The school shall make all refunds due within 60 days following a student's official drop date, or in the case of a student who does not return to school at the expiration of an approved leave of absence, within 60 days following the last day of that leave of absence.
004.14F1 The school shall maintain accurate records of attendance to assist in establishing the last day of attendance of any student enrolled at the school.
004.15 Maintenance of Records.
004.15A A school shall maintain, and make available for inspection by the Department, records necessary to demonstrate its efficient and effective academic and financial aid operations. Included shall be records for students, dropouts, and graduates, that shall include at a minimum:
004.15A1 Name and address of the school;
004.15A2 The academic transcript shall show the name and address of the student, the student’s identification number used by the school, date of entry and date of exit.
004.15A3 The academic transcript shall indicate the name of the program pursued, courses taken, credit/clock hours per course (identified as quarter or semester credit or clock hours), grades earned, and if the student graduated, withdrew, or was terminated.
004.15A4 The financial records shall show student's name and address, student’s identification number used by the school, program of study pursued, all expenses incurred and all payments made.
004.15A5 A school shall maintain, in a fire resistant area, permanent records suitable for academic and financial records for all students. Permanent academic records shall be maintained for fifty (50) calendar years and financial records for five (5) years after the student has departed from the school.
004.15B Any transcript issued shall include the signature and title of a school official, date of issue and seal of the school, if such a seal exists.
004.15C A school shall not release, transfer, disclose or otherwise disseminate students' records or information contained therein, unless upon the student's written request, except to persons authorized or required to have such information by state or federal law or regulation, or pursuant to a court order.
004.15D Students shall have the right to review their student records, including grades, attendance, and financial records.
005 Procedures for Authorization to Operate . Each private postsecondary career school desiring authorization to operate in Nebraska shall make an application to the Department upon forms supplied by the Department. The forms shall include, but not be limited to, the following information:
005.01 The legal title and name of the school;
005.02 The owners, ownership structure, controlling officers, and managing employees;
005.02A The names, addresses and current status of all schools of which each applicant has previously owned any interest in, and currently owns any interest in, and a declaration as to whether any of these schools were ever denied accreditation, licensing, or authorization to operate from any governmental body or accrediting agency.
005.02B A statement verifying that none of the following persons have any felony convictions:
005.02B1 Any persons having twenty-five (25) percent or more ownership of the applicant school as provided in section 004.03;
005.02B2 Resident director as defined in section 002.15;
005.02B3 Administrative staff members as defined in section 002.01.
005.03 The specific course(s) of instruction which will be offered, and the specific purposes of such instruction;
005.04 The location(s) where such instruction shall be given and a description of the physical facilities thereof;
005.05 A specific listing of the equipment available for instruction with the maximum enrollment that such equipment will accommodate;
005.06 The educational and teaching qualifications of instructors in each course and subject of instruction, and the teacher to student ratio established by the school;
005.07 The qualifications of administrators;
005.08 It shall include, on the appropriate forms, the identification of any branch facility or separate classroom. When a branch facility or separate classroom is to be added to a school subsequent to its most recent application for an authorization to operate, the school, prior to opening any such facility or classroom for education, shall utilize the same form to notify the Department. A facility which does not meet the criteria for a branch facility described in section 002.04 shall be considered a separate private postsecondary career school requiring separate authorization.
005.09 Information that Shall Accompany the Application.
005.09A Descriptive Literature. The application shall be accompanied by descriptive literature published or proposed to be published by the school. This shall include copies of all brochures, catalogs, promotional materials, written scripts, media advertising, and promotional literature that may be used to induce residents to enroll in courses of instruction.
005.09B Surety Bond or Other Security Agreement. The application shall be accompanied by a surety bond or other security agreement as detailed below:
005.09B1 At the time application is made for authorization to operate, the private postsecondary career school must file with the Department a good and sufficient surety bond in the penal sum of twenty thousand dollars ($20,000.00) or other security agreement deemed satisfactory by the Department. Such bond or other security shall cover branch facilities. The bond or agreement shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond or agreement shall be conditioned to provide indemnification for any student or enrollee or his or her parent or guardian determined by the Board to have suffered loss or damage as a result of any act or practice which is a violation of the Private Postsecondary Career School Act by the school and that the surety also shall pay any final judgement rendered by any court of this state having jurisdiction upon receipt of written notification of the judgement from the Board. Regardless of the number of years that such bond or agreement is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond or agreement. The bond or agreement may be continuous.
005.09B2 Other security agreements acceptable to the Department include only the following:
005.09B2a Twenty thousand dollars ($20,000) Escrow Account which provides the State of Nebraska Department of Education 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 exactly the same as the terms on a bond.
005.09B2b Twenty thousand dollars ($20,000) Irrevocable Letter of Credit from a bank, made payable to the State of Nebraska and deposited with the State Department of Education as would a bond. The Irrevocable Letter of Credit will be released to the school a year after the school has ceased to be in operation, or immediately when replaced by another instrument with similar amount.
005.09B3 Release of Surety Bond or Agreement. The surety bond or agreement shall cover the period of the authorization to operate, as appropriate, except when a surety is released as provided in this section. A surety on any bond or agreement filed under section 005.09B may be released there from after such surety serves written notice thereof on the Department at least thirty (30) days prior to the release. Such release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or his or her parent or guardian for loss or damage resulting from any act or practice which is a violation of the Private Postsecondary Career School Act alleged to have occurred while the bond or agreement was in effect or for a school ceasing operations during the term for which tuition has been paid while the bond or agreement was in force.
005.09B4 Suspension of Authorization to Operate. Authorization for a school to operate shall be suspended by operation of law when the school is no longer covered by a surety bond or agreement as required by section 005.09B. The Commissioner shall cause the school to receive at least thirty (30) days written notice prior to the release of the surety to the effect that the authorization shall be suspended by operation of law until another surety bond or agreement is filed in the same manner and like amount as the bond or agreement being terminated.
005.09C Fees. All fees collected pursuant to the Act shall be remitted by the Department to the State Treasurer for credit to the Private Postsecondary Career Schools Cash Fund. The fund shall be used only for the purpose of administering the Act. No fee shall be subject to refund. The board in consultation with the advisory council shall establish fees sufficient to cover the total cost of administration, as provided in Section 85-1643(4) R.R.S., except that such fees shall not exceed one hundred ten (110) percent of the previous year’s total cost. The fees that shall accompany the application, and the various other fees authorized by the Act, are provided for in Appendix A.
005.09D School Safety. The application shall be accompanied by a statement of assurance signed by the Resident Director or a member of the school’s administrative staff stating the school complies with all applicable health, fire, safety, and sanitation laws and regulations.
005.09E Contracts. The application shall be accompanied by copies of enrollment agreements and retail installment contracts to be used in Nebraska.
005.09F Collections. The application shall be accompanied by a description of the methods used to collect tuition, and procedures for collecting delinquent payments.
005.09G Financial Statement. The applicant shall submit financial statements compiled in accordance with generally accepted accounting procedures and practices. Such statements shall be consistent with the requirements in section 004.12.
005.09H Ownership of Facility. The applicant shall submit evidence of ownership or lease of the premises for one year or more contingent upon issuance of an authorization to the school to operate.
005.09I Agents' Permits. Schools which apply for authorization to operate must include their applications for agents’ permits.
006 Authorization to Operate . Following review of an application for authorization to operate and any information required by the Department, the Commissioner shall either grant or deny authorization to operate. A grant of authorization to operate may be on such terms and conditions as the Commissioner may specify. The authorization to operate shall be issued to the owner or governing body of the applicant school and shall be nontransferable. The school shall display its authorization to operate in a prominent location on its premises.
006.01 The authorization to operate shall contain:
006.01A Date of issuance, effective date, and term of authorization;
006.01B The full, correct name and location of the school so authorized;
006.01C The authority for authorization and conditions thereof;
006.01D Any limitation of authorization as deemed necessary by the Commissioner; and
006.01E The term for which authorization is given shall not extend for more than one (1) calendar year.
006.02 Name or Location Change of School. Since the authorization to operate and the permits for agents are nontransferable, when a private postsecondary career school desires to change the name or location of the school, the owner or governing body of a school desiring to change its name or location shall notify the Department and submit a fee as provided in Appendix A for a new certificate of authorization to operate and riders to the bonds to reflect the change of name or location. The appropriate agent’s permit renewal fee as found in Appendix A shall be submitted for each agent to obtain a new agent’s permit to show the new name or location of the school.
006.02A Student enrollment contracts, catalogs and pertinent school documents shall reflect the new name or location.
006.02B Any promotional literature shall reflect the new name or location of the school.
006.03 Inaugural Authorization to Operate. A school not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization. The authorization shall be an inaugural authorization valid for one (1) year and upon showing to the satisfaction of the Commissioner that it has fully complied with all standards so provided, the school will be eligible for a regular authorization. The Commissioner may issue a provisional authorization to operate which contains such limitations as to time, procedures, functions, or other conditions as the Commissioner may deem necessary.
006.03A At least thirty (30) days prior to the expiration of an inaugural authorization to operate, the school shall complete and file with the Department an application for regular authorization to operate.
006.04 Regular Authorization to Operate. A school which has been in continuous operation in prior years or has gone through the inaugural authorization to operate phase shall apply for a regular authorization to operate. A regular authorization expires on the last day of the sixth month following the end of the school’s fiscal year. Refer to fee schedule found in Appendix A.
006.04A Provisional Authorization to Operate. If upon review and consideration of an application for authorization to operate, the Department determines that the application fails to meet certain criteria, the Commissioner may grant a provisional authorization to operate which contains such limitations as to time, procedures, functions or other conditions as deemed necessary to meet the requirements.
006.05 Applicant Fails to Qualify. Upon review and consideration of an application for authorization to operate, if the Department determines that the applicant fails to meet the standards established in this chapter, the Department shall so notify the applicant, setting forth the reasons thereof in writing, and shall deny the application.
006.05A Extension of Time. The Commissioner may grant an applicant authorization to operate or an extension of time of reasonable duration in which the applicant may eliminate the reasons for denial contained in the statement of denial if the applicant has demonstrated to the satisfaction of the Commissioner the desire to meet the standards established and if in the judgement of the Commissioner, it would be reasonably possible for the applicant to meet such requirements and standards within such time.
006.05B Right of Hearing. Any person aggrieved by a decision of the Commissioner respecting denial of an authorization to operate or the placing of conditions on such authorization shall have the right to a hearing and review of such decision by the Board as provided in sections 006.05B1 through 006.05B3.
006.05B1 If, upon written notification of any such action taken by the Commissioner, the aggrieved party desires a hearing and review, such party shall so notify the Board in writing within ten (10) business days after the giving of notice of such action was received. If such notice is not given, the action shall be deemed final. Upon receipt of such notice from the aggrieved party, the Board shall fix the time and place for a hearing and shall notify the aggrieved party by certified mail.
006.05B2 At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition to the Commissioner's action or in extenuation or mitigation. The hearing shall be conducted in accordance with the Administrative Procedure Act and the hearing procedures set forth in 92 NAC 61. Any member of the Board may preside except when a clear conflict of interest may be demonstrated. The Board may utilize hearing officers to conduct the hearings and present recommendations, including findings of fact and conclusions of law, to the Board for final decision.
006.05B3 A decision of the Board following a hearing shall be deemed final subject to the right of judicial review provided in the Administrative Procedure Act. All matters presented at any such hearing shall be acted on promptly by the Board, and the Board shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing, and the appropriate rule, order, sanction, relief, or denial thereof.
007 Renewal Process . At least thirty (30) days prior to the expiration of an authorization to operate and upon notification by the Department, the school shall complete and file with the Department an application form for renewal of its authorization to operate. Financial stability information shall accompany the application. The renewal application shall be reviewed and acted upon as provided for an initial application. No authorization issued to any private postsecondary career school shall be renewed unless such school has been accredited by the Department within five (5) years of the date of its initial authorization to operate.
007.01 When a school changes the dates of its fiscal year, the Department shall be notified in writing within 30 days of the effective date of the change. The school’s renewal schedule will be changed to reflect the new fiscal year in accordance with section 006.04.
008 Change of Ownership . In the event of a change in ownership of the school, the new owner or governing body shall, within ten (10) days after the change of ownership, apply for a new authorization to operate, and in the event of a failure to do so, the authorization to operate shall terminate. An application for a new authorization to operate by reason of change in the ownership of the school shall be deemed an application for renewal of the school's authorization to operate and regulated by sections 005 and 006.
008.01 When a school has a change of fifty (50) per cent or more of the school's stock or assets in one or a series of transactions occurring within a three (3) year period, it shall file immediately a change of ownership application with the Department. Included in the application shall be the following:
008.01A The name, full addresses, and corporate titles of all persons or other entities having financial interest of twenty-five (25) per cent or more of the ownership; and signed statements that to the best of their knowledge such persons have no felony convictions.
008.01B A new or revised catalog/bulletin or a supplement which describes the changed operations;
008.01C A certified financial report, including the information required in section 004.12C for schools making original application;
008.01D A fully executed school surety bond and a fully executed agents bond or other security agreements as provided in section 005.09B;
008.01E A report on any other changes made in the school's organization and operations since the last application was filed and approved by the Commissioner;
008.01F A report on arrangements to ensure continuing operations and compliance with laws and regulations during the change of school ownership;
008.01G A copy of the sales agreement or contract showing items and conditions of sale.
008.02 In a change of ownership, the records shall be transferred intact and in good condition to the new owner and the transfer shall be verified by the Department.
008.03 The Department shall be notified in writing when a school has any transfer of ten (10) per cent or more stock or assets of the school.
008.04 Assumption of Liability. The new owner shall submit evidence containing the following stipulations:
008.04A That the school will make all refunds, which on the date the school is sold, may be due students, and
008.04B That the school will honor all student contracts that were signed or approved by the previous school officials before the effective date of the change of ownership.
009 Procedures for Accreditation . Any private postsecondary career school offering instruction in the State of Nebraska shall, within five (5) years of its initial authorization to operate, apply to the Department for the accreditation of such school. No authorization issued to any private postsecondary career school shall be renewed unless such school has been accredited by the Department within the 5 year time frame. Only accredited schools shall have authority to grant associate or higher degrees.
009.01 Standards. The following minimum requirements must be met:
009.01A The school enrolls students who are beyond the age of compulsory school attendance in one or more programs, the content of which is of a postsecondary level and leads to postsecondary academic credential (e.g., certificate, diploma, associate or higher degree);
009.01B The school is currently authorized to operate as a private postsecondary career school in the state;
009.01C The school offers educational programs which help students develop skills and competencies to secure gainful employment in trade, business and industry, government or service industries;
009.01D The school has been in continuous operation for at least two (2) years and has graduated students from its programs to enable the assessment of the effectiveness of its educational program(s);
009.01E The overall objective of the school shall be clearly stated and each program of study shall have clearly defined objective(s).
009.02 Procedures for Application of Accreditation. The following procedures must be used to apply for accreditation:
009.02A Submit application for accreditation on forms supplied by the Department, plus the statutory fee, as found in Appendix A, made payable to the Nebraska Department of Education. Application for branch campus(es) must be made on separate form(s).
009.02B Submit four (4) copies of a Self-Study Report following the guidelines as to format and contents as specified by the Department.
009.02B1 The Self-Study Report should be typed or printed and strictly adhere to the outline provided.
009.02B2 All supporting documentation and exhibits must be submitted with the Report.
009.03 A private postsecondary career school that is nationally accredited or regionally accredited may file copies of its Self-Study Report that it files with its accrediting association or agency. This report, if it is more than a year old, shall be updated as to changes which have occurred since the Report was written. The Self-Study Report will be submitted in place of the report outlined in section 009.02B as meeting the accreditation requirements, provided a staff member from the Department participates in the on-site evaluation of the school by the appropriate accrediting association or agency.
009.04 Additional information or clarification may be requested before on-site evaluation by a team.
009.05 On-Site Evaluation. After a school has submitted a satisfactory Self-Study Report and all other required documentation, a visiting team will be appointed. The size, composition and qualification of the team will be determined by the size and number of programs offered at the school. The length of the visit will depend on location, size, and program offerings of the school.
009.05A The expenses of all the members in the team, with the exception of the Department of Education representative, shall be paid by the school. Such expenses shall include mileage, meals, and accommodations, where applicable.
009.05B Where branch campuses exist, it may not be possible to visit all branch campus operations during the main campus visit. Efforts will be made to visit the branch campus operations at some point before the evaluation of the school is complete.
009.05C The school will be provided in advance of the date of the visit, names of members in the team and a check list of materials and documents that should be current and readily available for review by the team. The school is required to update the Self-Study Report where significant changes have occurred since its initial submission to the Department.
009.05D The on-site evaluation team shall verify information in the school's Self-Study Report and report all facts observed during the visit as to how the school is accomplishing its stated objective(s).
009.05E During the visit, the school should make provisions for adequate consultation between team members, and with faculty, administrative staff, and students.
009.05F An exit interview will be conducted at the conclusion of the visit with the school administrator and any others designated by him/her. The interview will highlight strengths and weaknesses observed and suggestions for improvement.
009.05G The team will prepare a written report covering each area evaluated at the school and include other information pertinent to an accurate evaluation. A compilation of the team's report is sent to the school's administrator for his/her written response. A deadline is assigned for responding in order to prevent stalling the process.
009.05H The school's response, together with the team's evaluation reports and all materials pertinent to the accreditation, are reviewed by the program director and one member from the evaluation team, and a recommendation is made to the Commissioner for action.
009.06 When the Commissioner finds that a private postsecondary career school has met the requirements for accreditation, a certificate of accreditation shall be issued to the school. The certificate of accreditation shall be accompanied by a letter which lists the courses taught at the school at the time of the evaluation.
009.06A Accreditation shall be for a period of five (5) years.
009.07 Renewal of Accreditation. Reaccreditation shall require the same procedure and process as the initial accreditation.
009.08 Applicant Fails to Qualify. A school which has received an unfavorable accreditation evaluation will be notified in writing setting forth areas of concern and the period of time in which the concerns shall be corrected.
009.08A If no corrective action is taken within the stipulated time period, accreditation shall be denied and the school shall discontinue operation.
009.08B A school whose accreditation is denied can appeal the decision to the Board under the procedures outlined in 92 NAC 43.
009.09 Any private postsecondary career school which has been accredited but loses its authorization to operate in the state automatically terminates the accreditation of the school and its programs.
010 Authority to Offer Associate Degree Program .
010.01 The Commissioner shall give consideration to an application for an authority to offer a program that leads to an associate degree. Such school may provide both non-degree and associate degree courses of instruction. A school is not required to offer an associate degree program.
010.02 An accredited school shall make a separate application for each program to the Commissioner for authority to award the associate degree. Such application shall clearly indicate the course of instruction for which the degree will be awarded. The application shall be accompanied by a fee as found in Appendix A. In addition, the school shall provide information sufficient to indicate conformance with the appropriate standards of instruction as set forth herein.
010.02A Associate of Arts (A.A.) degree program, requires at least forty-five (45) quarter credit hours or thirty (30) semester credit hours of general education courses plus forty-five (45) quarter credit hours or thirty (30) semester credit hours of liberal arts courses. The objective of the school will be to instruct the student in subjects that have a liberal arts emphasis with the intention to be offered exclusively for transfer to baccalaureate programs offered by senior colleges and universities.
010.02B Associate of Science (A.S.) degree program requires at least forty-five (45) quarter credit hours or thirty (30) semester credit hours of general education courses plus forty-five (45) quarter credit hours or thirty (30) semester credit hours of science courses. The objective of the school will be to instruct the student in subjects that have a science emphasis with the intention to be offered exclusively for transfer to baccalaureate programs offered by senior colleges and universities.
010.02C Associate of Applied Science (A.A.S.) degree program requires at least eighteen (18) quarter credit hours or twelve (12) semester credit hours of general education courses plus eighteen (18) quarter credit hours or twelve (12) semester credit hours of basic courses clearly related to the field of major interest, and fifty-four (54) quarter credit hours or thirty-six (36) semester credit hours in the technology or job-related courses of instruction. The objective of the school will be to instruct students with the intention exclusively of preparing them to enter full-time skilled and/or paraprofessional occupations at the end of two (2) academic years of full-time study.
010.02D Associate of General Studies (A.G.S.) degree program requires at least twenty-four (24) quarter credit hours or sixteen (16) semester credit hours of general education courses plus sixty-six (66) quarter credit hours or forty-four (44) semester credit hours of job-related courses of instruction. The objective of the school will be to instruct the student in both general education and job-related subjects, and the school will require proficient performance by the student in both areas of study. Each school proposal for an A.G.S. program is required to state in the catalog that it will require each student to develop, in consultation with, and with the approval of, counselors and/or faculty advisors, a written statement of objectives and courses needed to satisfy those objectives.
010.02E Associate of Occupational Studies (A.O.S.) degree program, in addition to the minimum total credits of ninety (90) quarter hours or sixty (60) semester credit hours, requires only that the school justify each such program to the Commissioner in terms of a logical sequence of courses which will assure adequate preparation for entry level employment in a particular occupational field.
010.03 Admission. A student admitted to a degree program of instruction shall be a high school graduate or upon appropriate evaluation of study and experience be found to possess the equivalency of education usually required for the awarding of a high school diploma.
010.04 Curriculum. The curriculum in the appropriate associate degree program of study shall consist of subjects of instruction in the general education courses and/or the occupational education area as established hereunder.
010.05 Instructors. Instructors teaching general educational courses shall hold at least a baccalaureate degree, including adequate preparation in areas the instructors are assigned to teach. Instructors teaching only general educational courses are exempt from and do not require vocational credentials.
010.06 Library. A library is maintained which is supervised by a trained librarian or a competent staff member. The library shall include holdings appropriate to the courses of study along with standard works of reference.
011 School Closing . A school which is closing, either voluntarily or involuntarily shall take the following actions:
011.01 Inform the Department of this action immediately by certified mail;
011.02 Return its authorization to operate to the Department immediately upon cessation of instruction or termination of authorization status;
011.03 Give the Department the name, address and telephone number of the person who will be responsible for closing arrangements;
011.04 Furnish the Department with names, addresses, and telephone numbers for each student who has not completed his/her course of instruction, and the name(s) of the course(s) of instruction in which they were enrolled; the amount of class time left to complete the course, and the amount of refund, if any, for which each student is eligible;
011.05 Furnish the Department with copies of the written notice being mailed to all enrolled students explaining the procedures they are to follow to secure refunds or to continue their education, and
011.06 File procedures with the Department for disbursement of refunds and set a date no later than thirty (30) days from last day of instruction to issue refund checks in the full amount to which students are entitled.
011.07 Academic and Financial Records. A member of the school’s administrative staff shall cause to be filed with the Department the original or legible true copies of all academic and financial records and such other records of the school as may be specified by the department. These records shall be signed by an authorized official of the school for authenticity. These records shall be filed alphabetically by the student’s last name then first name. Students requesting a copy of his or her transcripts which are on file with the Department will be charged a fee of ten ($10) dollars for each copy requested and received.
011.08 If students are receiving instruction prior to the school's closing, the school shall file a plan including the information described in this section with the Department to ensure that the students will continue to receive training of the same quality and content as that for which they contracted.
011.08A Arrangements for transferring students to a public or a private postsecondary career school authorized to operate shall be filed with the Department prior to any student transfer.
011.08B Prior to approving the school's arrangements for completing its teaching obligations to the students, the Department shall verify that the students transferring will receive the same kind of program and instructional services as those for which they contracted;
011.09 Refund of Tuition and Fees. The school shall refund all unearned tuition, fees, and other charges, if the Department, in any situation in which students are receiving instruction prior to a school's closing, determines that:
011.09A The school has not fulfilled its contractual obligations; or
011.09B A student has reasonable objections to transfer resulting from the closing.
012 Criminal Penalty . Section 85-1650 R.R.S. provides that any entity or any owner, officer, agent, or employee thereof who willfully violates Section 85-1610 R.R.S. or refuses to deposit with the Department the records required by Section 85-1644 R.R.S. shall be guilty of a Class II misdemeanor. Each day’s failure to comply with such sections shall be a separate violation.
APPENDIX A
FEES
Applications shall be accompanied by the following:
Initial (Inaugural) application to operate: Three hundred sixty dollars ($360.00) plus one hundred thirty-five dollars ($135.00) per program of study offered.
Regular (Renewal) application for authorization to operate, two hundred twenty dollars ($220.00) plus seventy-five dollars ($75.00) per program of study offered.
Initial agent’s permit for school located in Nebraska, one hundred fifty dollars ($150.00).
Agent’s permit renewal for school located in Nebraska, one hundred fifty dollars ($150.00).
Other fees which must be submitted when applicable include:
Approval to operate a branch facility, one hundred thirty-five dollars and ($135.00);
Late submission of a regular application for authorization to operate, one hundred forty-nine dollars ($149.00);
Accreditation or reaccreditation, three hundred dollars ($300.00);
Initial authorization to award an associate degree, one hundred thirty-five dollars ($135.00);
Significant program change, forty dollars ($40.00);
Change of name or location, one hundred fifty dollars ($150.00);
Addition of a new program, one hundred thirty-five dollars ($135.00);
Fees for out-of-state schools:
Certificate of Approval to Recruit, one thousand five hundred fifteen dollars ($1,515.00).
Initial agent’s permit for out-of-state schools, three hundred dollars ($300.00).
Agent’s permit renewal for out-of-state schools, three hundred dollars ($300.00).
History
- Effective 2016-11-08
Chapter 42 Private Postsecondary Career Schools Agents and Issuance of Certificates of Approval to Recruit
Neb. Admin. Code tit. 92, ch. 42 Private Postsecondary Career Schools Agents and Issuance of Certificates of Approval to Recruit {#sec-92-nac-42 omnilex-key=us-ne-regs-official--title-92--92 NAC 42}
TITLE 92
CHAPTER 42
001 General Information
001.01 Statutory Authority. This chapter is adopted pursuant to Section 85-1601 et seq. of the Revised Statutes of Nebraska, (R.R.S.). Such sections may be cited as the Private Postsecondary Career School Act.
001.02 Scope of this Chapter. This chapter provides the procedures for the granting of permits for agents representing private postsecondary career schools in Nebraska and for the standards for issuance of certificates of approval to recruit.
001.03 Related Chapters. Chapter 41 of Title 92 of the Nebraska Administrative Code (92 NAC 41) provides the procedures for authorization to operate, and accreditation, of private postsecondary career schools in Nebraska, and granting of authority to award associate degrees. The procedures for hearings arising under this chapter is contained in 92 NAC 43. 92 NAC 44 contains the procedures for administration of the Tuition Recovery Cash Fund. Copies of these related regulations are available from the Nebraska Department of Education.
001.04 Implementation Date. The implementation date will be July 1, 2007 or the effective date of this Chapter, whichever is latter.
002 Definitions . As used in this chapter:
002.01 Act shall mean the Private Postsecondary Career School Act.
002.02 Administrative Staff shall mean those persons hired by the resident director to perform administrative duties for the school.
002.03 Agent shall mean any person who owns any interest in, is employed by, or regularly represents for remuneration a private postsecondary career school located within or outside this state who
002.03A by solicitation made in this state enrolls or seeks to enroll a resident of this state for education offered by such school,
002.03B offers to award educational credentials for remuneration on behalf of any such school, or
002.03C holds himself or herself out to residents of this state as representing such a school.
002.04 Agent's Permit shall mean a nontransferable, written authorization issued to a natural person by the department which allows that person to solicit or enroll any resident of this state for education in a private postsecondary career school.
002.05 Authorization to Operate means approval by the Department to operate a private postsecondary career school in this state.
002.06 Board means the State Board of Education.
002.07 Branch Facility means a facility which:
002.07A is separate from a principal facility;
002.07B offers a full program and full student services;
002.07C is under the supervision of an onsite director or administrator,
002.07D the ownership, management, and control of which are the same as the principal facility, and
002.07D1 which principal facility is responsible for the delivery of all services, or
002.07D2 at which education is offered by a franchisee of a franchisor authorized to operate as a private postsecondary career school pursuant to the act if the franchisor establishes the course curriculum and guidelines for teaching at the franchisee's facility.
002.08 Calendar Year means a 12-month period beginning January 1 and ending December 31.
002.09 Certificate of Approval to Recruit means annual approval by the Department for out-of-state schools to recruit students in this state.
002.10 Commissioner means the Commissioner of Education.
002.11 Course of Study or Instruction means a program of study, training, or instruction consisting of a series of lessons or classes which are coordinated as a curriculum or program of instruction to prepare or qualify individuals or improve or upgrade the skills needed for employment, career opportunities, or any specific occupation.
002.12 Delivery mode means classroom instruction, distance education, or both which is delivered in any of the following manners: resident, independent study, practical training, correspondence or distance learning technology.
002.13 Department means the State Department of Education.
002.14 Distance Education means instruction offered by any means in which the student and faculty member are in separate physical locations and includes, but is not limited to, online, interactive video, and correspondence courses or programs.
002.15 Education or Educational Services means any class, course, or program of occupational training, instruction, or study.
002.16 Entity means any individual, company, firm, society, group, association, partnership, corporation, trust, or other person.
002.17 Fiscal Year means a period of time consisting of 12 consecutive months as defined by the accounting practices of the individual school.
002.18 Grant with respect to educational credentials, means award, sell, confer, bestow, or give.
002.19 Nationally Accredited means accreditation of institutions and programs that have been approved by an accrediting body or bodies of national scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.
002.20 Offer includes, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform a described act.
002.21 Out-of-State School means any private postsecondary career school which has its place of instruction or its principal location outside the boundaries of this state and which offers or conducts courses of instruction or subjects on the premises of the school, provides distance education, or offers or provides Nebraska students with courses of instruction or subjects through activities engaged in or conducted outside the boundaries of Nebraska.
002.22 Principal Facility or Main School means a private postsecondary career school located and authorized to operate in the State of Nebraska.
002.23 Private Postsecondary Career School means any organization or business enterprise which is not specifically exempt under the Act and which offers a course of study or instruction for which tuition is charged, even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.
002.24 Program means the complete body of prescribed subjects or studies for the purpose of training, preparing, or improving the person for an occupation.
002.25 Regionally Accredited means accreditation of institutions and programs that have been approved by an accreditation body of regional scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.
002.26 Resident Director means an individual entrusted with the direction and operation of a school. He or she shall have administrative responsibilities for the educational programs and policy making authority in curriculum, appointment of instructional staff, and scheduling of classes.
002.27 Resident School means any school offering courses of instruction to its students on the school's premises.
002.28 Separate Classroom means a supplemental training space
002.28A which is located near the main school for the purpose of expanding the educational offerings or for training an overflow of students who cannot be accommodated at the main school;
002.28B which is close enough to the main school to assure immediate supervision and administration of all essential student services by the main school and ready access by students to the student services available, and
002.28C in which the only required on-site services is teaching.
002.29 Short-term training means classes, courses, or programs of instruction or study that are offered for the purpose of training, preparing, or improving a person for an occupation when (a) the total hours of instruction required for completion is sixteen clock hours or less and (b) no final course grade is given to persons enrolled.
002.30 Tuition Recovery Cash Fund means a fund established pursuant to Section 85-1654 R.R.S. from the assessment of private postsecondary career schools for use in settling claims made by a claimant injured due to termination of operation of a private postsecondary career school for tuition and fees paid to the school for which classes were not offered and no refunds made.
002.31 Unearned Tuition and Fees means money paid by an individual to a school for classes which will be held in a future attendance period or for classes which are no longer available due to termination of operation of the school.
003 Education and Schools Exempted . No entity of whatever kind, alone or in concert with others, shall offer, as or through an agent, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this chapter, enrollment or instruction in or the granting of educational credentials from a private postsecondary career school not exempted from the act, whether such institution is within or outside this state, nor accept contracts or enrollment applications from any person who does not have a current agent's permit, but the board may adopt and promulgate rules and regulations to permit the rendering of legitimate public information services without such permit to operate, in the State of Nebraska, a private postsecondary career school which is not exempt unless the school has a currently valid authorization to operate.
003.01 The following education and schools are exempted from the provisions of the Act and this chapter:
003.01A Schools exclusively offering instruction at any or all levels from preschool through the twelfth grade;
003.01B Education sponsored by a bona fide trade, business, professional, or fraternal organization which is offered solely for that organization's membership or offered without charge;
003.01C Education provided by or funded by an employer and offered solely to its employees for the purpose of improving such persons in such employment;
003.01D Education solely avocational or recreational in nature as determined by the department;
003.01E Educational programs offered by a charitable institution, organization, or agency as long as such education or training is not advertised or promoted as leading toward occupational objectives;
003.01F Public postsecondary schools established, operated, and governed by this state or its political subdivisions or similar entities in other states as determined by the Department;
003.01G Schools or organizations which offer education or instruction and which are licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff; and
003.01H Any postsecondary institution offering or proposing to offer courses or programs leading to a baccalaureate, graduate, or professional degree, but whose offerings may include associate degree programs, diplomas, and other certificates based on the award of college credit, including any such institutions that were regulated prior to May 5, 2011, as private postsecondary career schools pursuant to the Act; and
003.01I Entities exclusively offering short-term training.
003.01J Distance education programs offered by out-of-state schools authorized in accordance with an interstate reciprocity agreement for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of Section 85-2405, R.R.S..
003.02 Schools or organizations offering education or instruction that is not part of a degree program leading to an associate, a baccalaureate, a graduate, or a professional degree which are licensed and regulated by agencies of this state other than the department are exempt from the Act, except that such schools or organizations shall not be exempt from the provision of the Act with respect to agents’ permits and the Tuition Recovery Cash Fund. Such schools are, thus, not exempt from this chapter.
004 Student Recruitment . It is the responsibility of each school to conform with the laws and regulations of this state, and in particular to see that each of its agents working in this state is properly authorized as required by the law.
004.01 A private postsecondary school is held accountable to ensure that ethical practices and procedures are maintained in the recruitment of students. Ethical procedures include, but are not limited to, the following:
004.01A A school will permit recruitment only by persons who are under their direct control and who adhere to the policies and procedures of the school;
004.01B A school is responsible to its students and prospective students for the representations made by its agent and therefore selects each agent with the utmost care, provides them with adequate training and arranges for constant and proper supervision of their work.
004.02 If an agent is authorized to prepare and/or run advertising, or to use promotional materials, the school accepts full responsibility for the materials used and must approve them in advance before they are used;
004.03 No agent is permitted to use the title of "counselor," or "advisor," while recruiting.
004.04 No agent shall discredit other schools falsely by imputing to them dishonorable conduct, inability to perform contracts or questionable credit standing; or make other false representations; or falsely disparage the character, nature, quality, value or scope of their courses of instruction or services; or demean their students because of race, creed, color, sex or national origin;
004.05 No agent shall knowingly influence any student to leave another school nor encourage a person to change plans after signing an enrollment application and paying the registration fee of another school;
004.06 An agent is not allowed to recruit prospective students within 100 feet of any federal, state, or local government office which offers financial assistance unless:
004.06A The agent is an employee of the school;
004.06B The agent clearly identifies the name of the school he or she represents.
004.06C The agent has the written permission and approval of the governmental agency located at the premises; and
004.06D The school is authorized to operate or recruit in Nebraska.
004.07 When money is collected from an applicant for enrollment, the applicant is provided with a receipt issued by the school for the money collected and a copy of the enrollment agreement;
004.08 A student who has not visited the school facility prior to enrollment will be given an opportunity to withdraw without penalty within three days following either the regularly scheduled orientation procedures or following a tour of the school facilities and inspection of equipment.
005 Procedures for Application for Agent's Permit . An applicant for an agent's permit shall be an individual of good reputation and character, and shall represent only private postsecondary career schools which meet the minimum standards established pursuant to 92 NAC 41;
005.01 Application. An individual shall fully complete an application form provided by the department.
005.01A An applicant shall be required to obtain a separate agent's permit for each school represented.
005.01B Failure of an applicant to disclose all criminal convictions, including misdemeanors, shall be evidence of the lack of good reputation and character, and shall be cause for the Commissioner to deny any application or revoke any existing permit.
005.02 Materials that Shall Accompany the Application for an Agent’s Permit.
005.02A Application Fee. The application shall be accompanied by an application fee. All fees collected pursuant to this section shall be remitted by the Department to the State Treasurer for credit to the Private Postsecondary Career Schools Cash Fund. No fee shall be subject to refund. Application fees are provided for in Appendix A.
005.02B Surety Bond. The application for an agent's permit shall be accompanied by a good and sufficient surety bond in a penal sum of five thousand dollars ($5,000.00) as detailed below:
005.02B1 The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond may be in blanket form to cover more than one agent for a private postsecondary career school, but it shall cover each agent for the school in a penal sum of five thousand dollars ($5,000.00). Bonds in blanket form shall be executed by the school as principal.
005.02B2 The bond shall be conditioned to provide indemnification to any student or enrollee or his or her parent or guardian determined to have suffered loss or damage as a result of any act or practice which is a violation of the Act by the agent and that the surety shall pay any final judgement rendered by any court of this state having jurisdiction upon receipt of written notification of the judgement. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum thereof. The bond may be continuous.
005.02B3 The surety bond shall cover the period of the agent's permit, as appropriate, except when a surety is released as provided in this section. A surety on any bond filed under section 005.02 may be released therefrom after such surety serves written notice thereof on the department thirty (30) days prior to the release. Such release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or his or her parent or guardian for loss or damage resulting from any act or practice which is a violation of the Act alleged to have occurred while the bond was in effect or for a school's ceasing operations during the term for which tuition has been paid while the bond or agreement was in force.
005.02B4 A single agent’s permit and surety bond for one school with one or more branch facilities shall extend to cover all branch facilities.
005.02B5 Until the Tuition Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-1656 R.R.S., an agent's permit shall be suspended by operation of law when the school is no longer covered by a surety bond or agreement as required by Section 85-1639 R.R.S.. An agent's permit shall be suspended by operation of law when the agent is no longer covered by a surety bond or agreement as required by Section 85-1640 R.R.S.. The commissioner shall cause the school and agent to receive at least thirty (30) days written notice prior to the release of the surety to the effect that the permit shall be suspended by operation of law until another surety bond is filed in the same manner and like amount as the bond being terminated.
005.02C School Safety. The application shall be accompanied by a statement of assurance signed by the Resident Director or a member of the school’s administrative staff stating that the school complies with all applicable health, fire, safety, and sanitation laws and regulations.
005.02D Financial Stability. The school shall have adequate revenues and assets to meet the school’s financial obligations; to provide adequate services to its students and prospective students; to provide refunds when students have justifiable claims against the school, and to refund all unearned tuition and other charges within a reasonable period of time if the school is dissolved.
005.02D1 At a minimum, a school shall submit financial statements prepared in accordance with the Generally Accepted Accounting Principles (GAAP) for the school's most recently completed fiscal year. Schools that prepare audited financial statements must submit the audited financial statements. If the school is affiliated with a corporation/parent organization, a copy of the parent organization’s most recent financial statements prepared by an independent CPA shall be submitted.
005.02D2 In evaluating the financial statements, a school must meet at least one of the following criteria:
005.02D2a The financial statements must demonstrate a minimum ratio of current assets to current liabilities of at least 1:1 for an institution's latest fiscal or calendar year. Asset Ratio is calculated by adding cash and cash equivalents to current accounts receivable and dividing the sum by total current liabilities.
005.02D2b The school must have a positive net worth in which total assets exceed total liabilities for its latest fiscal or calendar year.
005.02D2c The school shall show a profit for the most recent fiscal or calendar year or two previous fiscal years combined.
005.02E Contracts. The application shall be accompanied by copies of enrollment agreements and retail installment contracts to be used in Nebraska.
005.02E1 Enforcement of Contract. At the option of the student or his/her parent or guardian, all contracts entered into by any student, or his/her parent or guardian, or given them by an individual who does not possess a current and valid permit, and any non-negotiable promissory note or other non-negotiable indebtedness taken in lieu of cash by such an individual, may be declared invalid by the department and all monies paid recovered from the school he/she represents.
005.02F Evidence of a Refund Policy. The application shall be accompanied by evidence that the school has and adheres to a reasonable refund policy of unearned tuition and fees paid in advance by an enrollee who fails to enter, or withdraws, or is discontinued therefrom prior to completion of the study. Refunds of unearned tuition, fees, and other charges shall be made in the following manner within sixty (60) days of termination:
005.02F1 If cancellation occurs within seventy-two (72) hours of enrollment, all monies paid shall be refunded.
005.02F2 If cancellation occurs after seventy-two (72) hours of enrollment, but before classes at the resident school begin or distance education materials are delivered, a refund shall be made of all tuition paid except a registration fee not to exceed one hundred fifty ($150.00).
005.02F3 If cancellation occurs after classes at the resident school have begun or after distance education materials have been delivered, the school shall adhere strictly to the refund policy published in the school's catalog or in the enrollment agreement. Once books and supplies have been issued, they become the property of students and any refunds on them shall be at the discretion of the school.
005.02F4 A full refund is due students whose contracted educational services are denied as a result of intentional deception, or misrepresentation of facts, or the use of advertising which is known to be false, inaccurate, or misleading.
005.02F5 A full refund is due an individual whose admission is denied by the school.
005.02F6 The school shall make all refunds due within sixty (60) days following a student’s official drop date, or in the case of a student who does not return to school at the expiration of an approved leave of absence, within sixty (60) days following the last day of that leave of absence.
005.02F6a The school shall maintain accurate records of attendance to assist in establishing the last day of attendance of any student enrolled at the school.
005.02G Descriptive Literature. The application shall be accompanied by descriptive literature published or proposed to be published by the school. This shall include copies of all brochures, catalogs, promotional materials, written scripts, media advertising, and promotional literature that may be used to induce students to enroll in courses of instruction.
005.02H Advertising. All advertising and promotional materials shall include the full and correct name and location of the school.
005.02H1 All materials used in this state shall be completely truthful and shall refrain from giving any false, misleading, or exaggerated impression with respect to the school, its personnel, its courses and services, or the occupational opportunities for its graduates.
005.02H2 When using the classified column of a newspaper or other publications to recruit students, the school shall use only headings such as "Education," "Schools," or "Instruction," rather than "Help Wanted," "Employment," or "Business Opportunities."
005.02H3 During recruitment, no statement or representation shall be made that students will be guaranteed employment nor shall any school or a representative thereof falsely represent opportunities concerning income.
005.02H4 No dollar amounts shall be quoted in any advertising as representative or indicative of the earning potential of graduates, unless the facts are substantiated and the supporting data made available for inspection.
005.02H5 The school’s representatives shall refrain from using unethical, deceptive, or derogatory practices in recruiting students or in any reference to competitors.
005.02H6 All advertising or promotional materials shall clearly identify any branch facility as such and shall not portray it as a separate stand alone campus facility.
005.02I Out of State Schools; Certificate of Approval to Recruit. If any school which the applicant intends to represent is an out-of-state school, the application for an agent’s permit shall be accompanied by:
005.02I1 the information required of schools making application for authorization to operate and evidence to show that its place of business outside this state has been licensed or approved for operation by the appropriate state agency in the state in which it is domiciled,
005.02I1a The information required above shall consist of the information required of schools applying for authorization to operate in this State as provided in 92 NAC 41, Sections 005.01 through 005.09A and Section 005.09C.
005.02I2 an application for a Certificate of Approval to Recruit; and,
005.02I3 and a fee as provided for in Appendix A.
005.02I4 If the state of domicile of the school has no authorization law for private postsecondary career schools, or no such law applies to a particular school or course of study or instruction concerning which the applicant intends to act as an agent, the school shall:
005.02I4a submit all information required in Section 005.02I1a above and show evidence that it has been accredited by an accrediting agency recognized by the United States Department of Education as specified in Section 85-1609 R.R.S. and,
005.02I4b file with the department a school bond in at least the amount required by Section 85-1639 R.R.S.
005.02I4b1 The school bond shall be a surety bond in the penal sum of $20,000, executed by the out-of-state school as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to any student or enrollee who is a resident of this state at the time of enrollment, or to his or her parent or guardian, who is determined to have suffered loss of damage due to the school not performing all agreements and contracts entered into with such students or parents/guardians.
005.02I5 Term of Certificate of Approval To Recruit. The term of the Certificate of Approval To Recruit is based upon a term beginning on the date of issuance and ending December 31 of the same year.
006 Review of Application . Following review of an application for an agent's permit and any further information submitted by the applicant or required by the department and following such investigation of the applicant as the department may deem necessary or appropriate, the commissioner shall either grant or deny an agent's permit to the applicant.
006.01 Agent's Permit. The term for which an agent's permit is issued shall not extend for more than three (3) calendar year(s). All agents permits shall expire on December 31 of the second year following the year of issuance. The agent's permit shall be in a form approved by the department and shall state in a clear and conspicuous manner at least the following information:
006.01A The date of issuance, effective date and term;
006.01B The correct name and address of the agent; and
006.01C The school which such agent is authorized to represent.
007 Applicant Fails to Qualify . Upon review and consideration of an application for an agent's permit, if the department determines that the applicant fails to meet the standards established in the Act, the department shall:
007.01 So notify the applicant, setting forth the reasons therefore in writing, and shall deny the application;
007.02 Notify the school which the agent represented or proposed to represent, according to the records of the department, including the reasons for denial.
007.03 Extension of Time. The commissioner may grant to an applicant for an agent's permit an extension of time of reasonable duration in which the applicant may eliminate the reasons for denial contained in the statement of denial if the applicant has demonstrated to the satisfaction of the commissioner the desire to meet the standards established, and if, in the judgement of the commissioner, it would be reasonably possible for the applicant to meet such requirements and standards within such time.
007.04 Right of Hearing. Any person aggrieved by a decision of the commissioner respecting denial of or the placing of conditions on an agent's permit shall have the right to a hearing and review of such decision by the board as provided in sections 007.04A thru 007.04C.
007.04A If, upon written notification of any such action taken by the commissioner, the aggrieved party desires a hearing and review, such party shall so notify the board in writing within ten (10) business days after the giving of notice of such action was received. If such notice is not given, the action shall be deemed final. Upon receipt of such notice from the aggrieved party, the board shall fix the time and place for a hearing and shall notify the aggrieved party by certified mail.
007.04B At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition to the commissioner's action or in extenuation or mitigation. The hearing shall be conducted in accordance with 92 NAC 61. Any member of the board may preside except when a clear conflict of interest may be demonstrated.
007.04B1 The board shall adopt and promulgate rules and regulations for such hearings and may utilize hearing officers to conduct the hearings and present recommendations, including findings of fact and conclusions of law, to the board for final decision.
007.04C Finality of Board Decision. A decision of the board following a hearing shall be deemed final subject to the right of judicial review provided in 92 NAC 61. All matters presented at any such hearing shall be acted on promptly by the board, and the board shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing, and the appropriate rule, order, sanction, relief, or denial thereof.
008 Renewal Process . At least thirty (30) days prior to the expiration of an agent's permit, the agent shall complete and file with the department an application form for renewal thereof. The renewal application shall be reviewed and acted upon as provided for an initial application.
009 Effect of Revocation . Any agent having a permit revoked, shall be prohibited from soliciting students in this state for any school governed by these regulations for a period of not less than one (1) year following the date of formal action of revocation.
APPENDIX A
FEES
Initial agent’s permit for school located in Nebraska, one hundred fifty dollars ($150.00).
Agent’s permit renewal for school located in Nebraska one hundred fifty dollars ($150.00).
Certificate of Approval to Recruit, one thousand five hundred fifteen dollars ($1,515.00).
Initial agent’s permit for out-of-state schools, three hundred dollars ($300.00).
Agent’s permit renewal for out-of-state schools, three hundred dollars ($300.00).
History
- Effective 2016-11-08
Chapter 43 Private Postsecondary Career Schools Complaint and Investigation Procedures
Neb. Admin. Code tit. 92, ch. 43 Private Postsecondary Career Schools Complaint and Investigation Procedures {#sec-92-nac-43 omnilex-key=us-ne-regs-official--title-92--92 NAC 43}
001 General Information
001.01 Statutory Authority. This chapter is adopted pursuant to sections 79-2801 thru 79-2858 of the Revised Statutes of Nebraska (R.R.S.). Such sections may be cited as the Private Postsecondary Career School Act.
001.02 Scope of this Chapter. This chapter provides the procedures for investigations and hearings involving complaints against private postsecondary career schools which were issued an authorization to operate pursuant to Chapter 41 of Title 92 of the Nebraska Administrative Code (92 NAC 41), and complaints against agents of the private postsecondary career schools who were issued agents' permits pursuant to Chapter 42 of Title 92 of the Nebraska Administrative Code (92 NAC 42).
001.03 Related Chapters. Chapter 41 of Title 92 of the Nebraska Administrative Code (92 NAC 41) provides the procedures for obtaining an authorization to operate for private postsecondary career schools. Chapter 42 of Title 92 of the Nebraska Administrative Code (92 NAC 42) provides the procedures for issuing permits to agents for private postsecondary career schools. The procedures for hearings arising under these two chapters are contained in this chapter. Copies of these related regulations are available from the Nebraska Department of Education.
002 Definitions . As used in this chapter:
002.01 ACT shall mean Private Postsecondary Career School Act.
002.02 Authorization to Operate shall mean approval by the department to operate a private postsecondary career school in this state.
002.03 Board shall mean the State Board of Education.
002.04 Branch Facility shall mean a facility which:
002.04A is separate from a principal facility;
002.04B Offers a full program and full student services;
002.04C is under the supervision of an onsite director or administrator,
002.04D the ownership, management, and control of which are the same as the principal facility, and
002.04D1 which principal facility is responsible for the delivery of all services, or
002.04D2 at which education is offered by a franchisee of a franchisor authorized to operate as a private postsecondary career school pursuant to the act if the franchisor establishes the course curriculum and guidelines for teaching at the franchisee's facility.
002.05 Commissioner shall mean the Commissioner of Education.
002.06 Complainant shall mean any individual(s) or organization(s) filing a complaint with the commissioner.
002.07 Course of Study or Instruction shall mean a program of study, training, or instruction consisting of a series of lessons or classes which are coordinated as a curriculum or program of instruction to prepare or qualify individuals or improve or upgrade the skills needed for employment, career opportunities, or any specific occupation.
002.08 Department shall mean the State Department of Education.
002.09 Education or Educational Services shall mean any class, course, or program of occupational training, instruction, or study.
002.10 Entity shall mean any individual, company, firm, society, group, association, partnership, corporation, trust, or other person.
002.11 Grant with respect to educational credentials, shall mean award, sell, confer, bestow, or give.
002.12 Home Study School shall mean a school which provides correspondence lesson materials prepared in a sequential and logical order for study and completion by a student on his or her own, with completed lessons returned by the student to the school for evaluation and subsequent return to the student, including those schools which offer instruction by home study in combination with in-residence training.
002.13 Offer shall include, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform a described act.
002.14 Out-of-State School shall mean any school which has its place of instruction or its principal location outside the boundaries of this state and which offers or conducts courses of instruction or subjects on the premises of the school, or offers or provides Nebraska students with courses of instruction or subjects through activities engaged in or conducted outside the boundaries of Nebraska.
002.15 Principal Facility or Main School shall mean a private postsecondary career school located and authorized to operate in the State of Nebraska.
002.16 Private Postsecondary Career School shall mean any organization or business enterprise which is not specifically exempt under the ACT, which offers courses or subjects for which tuition is charged, and at the place of business of which a course of instruction is available through classroom instruction, home study, or both to a person for the purpose of training, preparing, or improving the person for an occupation even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.
002.17 Resident School shall mean any school offering courses of instruction to its students on the school's premises.
002.18 Respondent shall mean any individual(s), schools or agent(s), who shall be charged in a complaint or petition with allegedly violating standards as contained in 92 NAC 41 and 92 NAC 42.
002.19 Separate Classroom shall mean a supplemental training space
002.19A which is located near the main school for the purpose of expanding the educational offerings or for training an overflow of students who cannot be accommodated at the main school;
002.19B which is close enough to the main school to assure immediate supervision and administration of all essential student services by the main school and ready access by students to the student services available, and
002.19C in which the only required onsite services is teaching.
002.20 Admonishment. A private sanction to an agent or private postsecondary career school that further unprofessional or unethical conduct may result in more serious action, including the suspension or revocation of a permit or authorization to operate. This sanction may be imposed by the commissioner or board.
002.21 Reprimand. A public sanction criticizing or rebuking an agent or a private postsecondary career school for unprofessional or unethical conduct. This sanction may be imposed by the commissioner or board.
002.22 Revocation. A public sanction withdrawing or canceling an authorization to operate or a permit for a certain period of time. This sanction may be imposed by the board.
002.23 Suspension. A public sanction withdrawing or canceling an authorization to operate or a permit for a certain period of time. The authorization to operate or permit is automatically reinstated at the expiration of the suspension period if it has not expired during the period of suspension. This sanction may be imposed by the board.
003 Complaints and Investigations for Holders of Authorization to Operate and Agents Permits
003.01 Complaint Procedures. Any person having an interest in, or information about any act or practice by a private postsecondary career school or an agent, which is a violation of 92 NAC 41, 92 NAC 42, or the ACT, may file a verified written complaint with the commissioner. The complainant shall use the form prescribed by the board, a sample of which is included as Appendix A.
003.02 Contents of Complaint. The complaint shall contain the following information:
003.02A The full name, address, and telephone number of the complainant;
003.02B The full name, address, and telephone number of the respondent;
003.02C A concise statement of the facts which the complainant believes constitutes a violation of 92 NAC 41, 92 NAC 42, or the ACT; and
003.02D The full name, address, and telephone numbers of any witnesses able to testify as to the facts alleged.
003.03 Distribution of Complaint. Within fifteen (15) days of the filing of a complaint, the commissioner shall serve a copy of the complaint on the respondent by United States mail to the last known address of the respondent.
003.04 Response to Complaint. The respondent may, within fifteen (15) days after receipt of the complaint, request in writing the opportunity to informally present a position or defense respecting the allegations in the complaint. This position or defense may be submitted in writing, but a personal conference with an investigator assigned by the commissioner may be had as a matter of right if the written request is made within fifteen (15) days of the receipt of the complaint.
003.05 Evaluation and Investigation. Upon receipt of a complaint, the commissioner or his or her designee shall evaluate the complaint to determine if the facts alleged are sufficient to constitute a violation of 92 NAC 41, 92 NAC 42, or the ACT. At his or her discretion, the commissioner may assign an investigator to evaluate the complaint and may cause an investigation to be made into the circumstances surrounding the complaint.
003.05A It shall be the obligation and responsibility of the investigator to prepare a report for the consideration of the commissioner, which report shall contain a position or defense of the respondent, if any; discuss jurisdiction; and set forth any legal arguments and authorities that appear applicable to the case. The report shall include a recommendation as to whether there exists legally sufficient grounds for further proceedings and a recommendation of one of the following: dismissal, further inquiry, admonishment or reprimand, or the filing of a petition.
003.05B Exceptions to Report. The respondent shall be mailed a copy of the investigator's report and shall be given twelve (12) days from the date of the mailing of the report to file exceptions with the investigator. At the expiration of said time limit, the investigator shall file with the commissioner a report in accordance with the provisions of section 003.05A of this chapter along with the respondent's exceptions, if any.
003.06 Action by the Commissioner. Following the evaluation and investigation, if any, of the complaint, the commissioner shall take one of the following actions:
003.06A Dismiss the Complaint. Such dismissal may be accompanied by an admonishment or reprimand to the private postsecondary career school or its agent, or both, or other action the commissioner deems appropriate, without a hearing, if the commissioner determines that;
003.06A1 The alleged violation is not serious enough to warrant suspension or revocation;
003.06A2 No public interest would be served by a formal hearing; and
003.06A3 The respondent gives written acceptance of or agreement to admonishment, reprimand, or other action.
003.06B File a petition pursuant to section 004.
003.07 Informal Disposition. The commissioner may enter into a stipulation, settlement agreement, or other agreement to resolve any complaint or petition. All agreements to revoke or suspend an authorization to operate or an agent's permit, or both, shall be approved by the board.
003.08 Voluntary Surrender of Authorization to Operate or Agent's Permit. A private postsecondary career school may voluntarily surrender its authorization to operate or an agent may voluntarily surrender his or her agent's permit. Any such voluntary surrender shall be treated as an indefinite revocation for purposes of publicity and reinstatement. The voluntary surrender of an authorization to operate or agent's permit at any time after a report or complaint has been made shall not prohibit the filing of such complaint or a petition unless:
003.08A The holder of the authorization to operate or agent's permit knowingly admits in writing the truth of such complaint or petition and waives all proceedings against him or her in connection therewith, and
003.08B Agrees to stipulated reprimand or other action deemed appropriate.
003.09 Dismissal. Any dismissal of a complaint in accordance with 003.06A shall be deemed to be a final resolution of the matter and is not subject to appeal to the board.
003.10 Notification. The commissioner shall notify the respondent of the commissioner's decision.
004 Petitions
004.01 Petitions by Commissioner. A petition may be filed by the commissioner if he or she determines, as a result of a complaint, investigation, or as a result of information that he or she receives independent of a complaint or investigation, that:
004.01A The board has jurisdiction over the parties and subject matter; and
004.01B The alleged violation is serious enough to warrant suspension or revocation of respondent's authorization to operate or permit; or
004.01C The public interest would be served by a formal hearing; or
004.01D Respondent does not accept an admonishment or reprimand.
004.02 Petitions Against Holders of Permits or Authorizations to Operate. The commissioner may file a petition against a private postsecondary career school or an agent with the board. The form of such petition shall be in writing and shall contain the following information:
004.02A The venue shown as: "BEFORE THE STATE BOARD OF EDUCATION";
004.02B A heading captioned "(Name), COMMISSIONER OF EDUCATION, Petitioner";
004.02C The full name, address, telephone number, and social security number, if known, of the respondent;
004.02D The type of permit or authorization to operate held by respondent;
004.02E A concise statement of facts which the commissioner believes constitute a violation of state standards;
004.02F The provision(s) of statute or rule which are alleged to have been violated.
004.03 Notice to File Answer. Upon the filing of a petition, the commissioner shall send the respondent by certified mail, return receipt requested, a copy of the petition and a notice that the respondent has the right to submit an answer within twenty-one (21) days after the receipt of the notice. Mailing by certified mail of any notice required under this chapter shall be to respondent's last known address. In the event the respondent fails to respond to the petition by delivering or posting by certified mail an answer within twenty-one (21) days, respondent's failure shall be considered as a waiver of his or her right to a hearing and shall be cause for holding a respondent in default, and a default order may therefore be rendered and a recommendation made to the State Board of Education for determination upon the record without any further notice to respondent.
004.04 Answer. The respondent may file an answer to the petition. A sample answer is included in Appendix B to this chapter. It shall show the venue as "Before the State Board of Education, State of Nebraska" and shall be captioned "Answer." The answer shall contain the following information:
004.04A The name and address of the respondent.
004.04B Specific statements regarding any and all allegations in the petition, which shall be in the form of admissions, denials, explanatory remarks, or statements of mitigating circumstances; and any additional facts or information the respondent deems relevant and which may be of assistance in the ultimate determination of the case.
004.05 Format for Filings. All answers, motions, or other pleadings filed in cases arising under this chapter shall be typewritten on 8_ x 11 inch white three-hole punched paper and shall be accompanied by an original plus two copies. All documents shall contain the title of the proceeding, the case number, the name, address, telephone number, and signature of the person filing the document, and the name of the party on whose behalf the document is filed.
004.06 Filing Location and Service. All filings with the board or the commissioner shall be made with the Office of the Commissioner of Education; Nebraska State Department of Education; 301 Centennial Mall South, 6th Floor; P. O. Box 94933; Lincoln, Nebraska 68509. Whenever any party files a document, they shall simultaneously serve copies on the other party(ies). Any documents filed shall contain a certificate attesting to its service by mail, personal delivery, or otherwise. Service by mail shall be deemed completed upon mailing, except as otherwise provided in this chapter.
004.07 Filing Deadlines. When the filing of a pleading or any act required to be done on or before a given date falls on a Saturday, Sunday, or legal holiday on which the office of the commissioner is closed, the pleading or act need not be filed or done until the next succeeding working day that the office of the commissioner is open for the transaction of business. All time limits referred to in this chapter shall mean calendar days.
004.08 Revocation. An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the board has reasonable cause to believe that the holder thereof has violated or is violating the ACT or the regulations adopted in 92 NAC 41 or 92 NAC 42.
004.08A Notification. Prior to recommending such revocation or imposition of condition to the board, the commissioner shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder that if a hearing is requested in writing within ten (10) business days of receipt of the notice, the board shall set a time and place for a hearing at which the holder may be heard in response to the allegation of noncompliance.
005 Hearings . If upon written notification of any such proposed action of the commissioner, the aggrieved party desires a hearing and review, such party shall notify the board in writing within ten (10) business days after the giving of notice of such action. If such notification is not given by the aggrieved party, the action shall be deemed final. Upon receipt of such notice from the aggrieved party, the board shall fix the time and place for a hearing and shall notify the aggrieved party by certified mail.
005.01 Procedure of Hearing. At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition to the commissioner's action or in extenuation or mitigation. The hearing shall be conducted in accordance with 92 NAC 61. Any member of the board may preside except when a clear conflict of interest may be demonstrated. The board may utilize hearing officers to conduct the hearings and to present recommendations, including findings of fact and conclusions of law to the board for final decision.
005.02 Setting of Hearings. The hearing officer shall set the time and place for any hearing, which shall be at least seven (7) days after the deadline for the filing of answers, unless agreement to set an earlier time is stipulated by petitioner and respondent.
005.03 Consolidation. The hearing officer may order two or more petitions that are legally or factually related to be heard together on a consolidated record, unless any party makes a showing, sufficient to satisfy the hearing officer, that it would be prejudiced thereby.
005.04 Prehearing Conference. If the respondent in his or her answer requests a prehearing conference, the hearing officer shall hold a prehearing conference with the parties. The prehearing conference may be held in person or by telephone. A telephonic prehearing conference may be used at the discretion of the hearing officer. The conference shall be for the purpose of, but not limited to, the following: simplifying the issues, amending the petition or answer, stipulating to the facts, stipulating to a proposed settlement, submission of witness and exhibit lists, identification of exhibits, application for subpoenas, and requests for discovery orders. The hearing officer may hold a prehearing conference upon request of the petitioner or upon his or her own motion if in his or her discretion he or she determines that a prehearing conference is needed.
005.05 Location. The hearing shall be held in Lincoln, Lancaster County, Nebraska, unless, upon joint application and showing by the parties that another location would be more convenient to the parties and witnesses, or upon such independent determination by the hearing officer, the hearing officer may set the hearing outside Lincoln.
005.06 Closed Hearing. Upon specific request of the respondent or petitioner to hold a closed hearing, the hearing officer may hold a closed hearing to prevent the needless injury to any individual.
005.07 Conduct of Hearings. At the time of hearing:
005.07A The hearing officer designated by the board to preside at a hearing shall open and close the proceedings, and take appearances. The hearing officer shall rule on motions, objections, and matters of evidence.
005.07B Reasonable opportunity shall be afforded all parties to present evidence and argument. The hearing officer may set reasonable time limits on presentations and arguments.
005.07C Failure of the petitioner or his or her representative, to appear at the time and place set for hearing, unless otherwise allowed by the hearing officer for good cause shown, shall be deemed sufficient grounds for the hearing officer to recommend dismissal of the petition.
005.07D Informal procedures governing the conduct of hearings shall be subject to the discretion and the direction of the hearing officer at the time of such hearings, unless otherwise specified in this chapter.
005.08 Appearances. Any individual may appear on his or her own behalf before the hearing officer; however, an individual may appear on behalf of another in any proceeding before the hearing officer only if:
005.08A The individual is admitted to practice law before the Nebraska Supreme Court, or
005.08B The individual is admitted to practice law before the Supreme Court of any state and is accompanied by a person admitted to practice law before the Nebraska Supreme Court.
005.09 Briefs. Submission of briefs may be required by the hearing officer. If required, the time in which briefs shall be filed will be fixed by the hearing officer at the close of the hearing.
005.10 Record of Proceedings. The hearing officer will ensure that an electronic recording of the hearing shall be made or may have the hearing transcribed by a court reporting service. The cost of obtaining verbatim transcripts from a court reporting service shall be paid directly to such service by the parties requesting the transcripts.
006 Evidence
006.01 General Provisions. As provided in Section 84-914 R.R.S., the hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men and women in the conduct of their affairs. He or she shall give effect to the rules of privilege recognized by law. He or she may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. The hearing may be conducted pursuant to the rules of evidence applicable to the district courts if requested by the party as set forth in Section 84-914 R.R.S.
006.02 Subpoenas, Discovery, and Witnesses. As provided in Section 84-914 R.R.S., the hearing officer may administer oaths, issue subpoenas, compel the attendance of witnesses, and the production of any papers, books, accounts, documents, and testimony, and cause the depositions of witnesses residing either within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.
006.02A Subpoenas. The use of subpoenas in proceedings before the hearing officer is governed by statutory procedures for issuance of subpoenas by district courts in Nebraska except as hereinafter provided.
006.02A1 A subpoena requiring the attendance of a witness may be issued by the hearing officer, upon written application of any party.
006.02A2 Subpoenas for the production of accounts, books, documents, or papers, will be issued by the hearing officer only upon written application by a party stating specifically which accounts, books, documents, or papers are required and the facts expected to be proved thereby. All parties directed to produce accounts, books, documents, or papers shall furnish and deliver the same at the time and place specified in the subpoena.
006.02A3 A subpoena issued pursuant to this rule may be served in any manner permitted by law, which shall include service by registered or certified mail, return receipt requested, sent not less than six (6) days prior to hearing.
006.02A4 In the case of disobedience to a subpoena, the hearing officer may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of accounts, books, documents, or papers.
006.02A5 Charges for serving a subpoena by mail are to be paid prior to the issuance of the subpoena by the party at whose instance the subpoena is issued. Arrangements for personal service, if desired by a party, are to be made by the party requesting such service and they shall be responsible for paying any costs for such service prior to the hearing date.
006.02B Witness Fee. Any witness who is summoned and who responds thereto is entitled to the same fee as is paid for like service in the district courts of Nebraska. Applications made pursuant to this chapter for the attendance of a witness shall be accompanied by a certified check, payable to the order of the witness, and equal in amount to the witness's statutory traveling fee and a fee for one day's attendance at the hearing. Said certified check shall be tendered to the witness when the subpoena is served upon him or her. Additional fees due the witness, if any, shall be paid at the close of the hearing by the party at whose instance the witness is summoned. In addition, Section 25-1228 R.R.S. shall govern subpoenas issued at the request of any agency of state government.
006.03 Offer of Evidence. All evidence shall be offered and made a part of the record in the case. No other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
006.04 Cross-Examination. Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. The hearing officer may limit cross-examination by multiple parties having similar interests.
006.05 Official Notice. The hearing officer may take notice of judicially cognizable fact and in addition may take notice of general, technical, or scientific facts within his or her specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the materials so noticed. They shall be afforded an opportunity to contest the facts so noticed. The hearing officer may utilize his or her experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
006.06 Copies of Evidence. All documentary evidence to be offered at a hearing shall be accompanied by sufficient copies for all parties, unless waived by the hearing officer.
006.07 Stipulations. Parties to any proceeding may agree upon any facts, either by written stipulation entered into the record as an exhibit, or by oral agreement stated on the record; provided, that the hearing officer shall not be irrevocably bound by such stipulation.
006.08 Filing and Serving Exhibits Prior to Hearing. In any proceeding where detailed or complicated exhibits are to be used, the hearing officer may require any party to file and serve copies of such exhibits or other necessary information within a specified time in advance of the hearing in order to enable the other party and the hearing officer to study same and prepare cross-examination with references thereto.
007 Disposition of Cases
007.01 Recommendation to the Board. In the absence of an informal disposition, the hearing officer shall prepare an official record for submission to the board, which shall include the pleadings, testimony transcript, and exhibits from the hearing. The hearing officer shall also submit his or her recommendation as to he disposition of the case and a recommended set of findings of fact and conclusions of law and provide a copy of the recommendations to the parties.
007.02 If an agent's permit is revoked or conditions imposed thereon, the board shall notify the school which the agent was permitted to represent, as shown in the records of the department, in addition to the notice required to be given to the agent and any other parties to the hearing.
007.03 Finality of Board. A decision of the board following a hearing shall be deemed final subject to the right of judicial review provided in 92 NAC 61. All matters presented at any such hearing shall be acted upon promptly by the board, and the board shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing, and the appropriate rule, order, sanction, relief, or denial thereof.
APPENDIX A: Sample Form for Complaint
APPENDIX B: Sample Answer Form
History
- Effective 1991-04-15
Chapter 44 Private Postsecondary Career Schools Tuition Recovery Cash Fund
Neb. Admin. Code tit. 92, ch. 44 Private Postsecondary Career Schools Tuition Recovery Cash Fund {#sec-92-nac-44 omnilex-key=us-ne-regs-official--title-92--92 NAC 44}
001 General Information
001.01 Statutory Authority. This chapter is adopted pursuant to Section 85-1601 et seq. of the Revised Statutes of Nebraska (R.R.S.). Such sections may be cited as the Private Postsecondary Career School Act.
001.02 Scope of this Chapter. This chapter provides the procedures for the administration of the Tuition Recovery Cash Fund.
001.03 Related Chapters. Chapter 41 of Title 92 of the Nebraska Administrative Code (92 NAC 41) provides the procedures for the authorization to operate, and accreditation, of private postsecondary career schools in Nebraska, and granting of authority to award associate degrees. Chapter 42 of Title 92 of the Nebraska Administrative Code (92 NAC 42) provides the procedures for granting permits for agents for private postsecondary career schools. The procedures for hearings arising under this chapter, 92 NAC 41 or 92 NAC 42, are contained in 92 NAC 43 and 92 NAC 61. Copies of these related regulations are available from the Nebraska Department of Education.
002 Definitions . As used in this chapter:
002.01 Act shall mean the Private Postsecondary Career School Act.
002.02 Assessment shall mean the amount a private postsecondary career school is required to pay into the Tuition Recovery Cash Fund based on one-tenth of one percent (.001) of the assessment year's gross tuition revenue.
002.03 Assessment Year shall mean the school's most recently completed fiscal year as of October 31 of each year.
002.04 Authorization to Operate shall mean approval by the Department or other state agency to operate a private postsecondary career school in this state.
002.05 Board shall mean the State Board of Education.
002.06 Claim shall mean a written request filed with the Board by a claimant who alleges to be injured by the termination of operation of a private postsecondary career school.
002.07 Claimant shall mean an individual who has paid tuition and fees to a private postsecondary career school for classes which were not available due to termination of operation of the school and for which unearned tuition and fees were not refunded. It does not include students who cease to be enrolled in classes which continued to be offered by a school after the student ceases to be enrolled in them.
002.08 Class shall mean any class, course, or program of occupational training, instruction, or study.
002.09 Commissioner shall mean the Commissioner of Education.
002.10 Course of Study or Instruction shall mean a program of study, training, or instruction consisting of a series of lessons or classes which are coordinated as a curriculum or program of instruction to prepare or qualify individuals or improve or upgrade the skills needed for employment, career opportunities, or any specific occupation.
002.11 Delivery Mode shall mean classroom instruction, distance education (as defined in 92 NAC 41 (Rule 41)), or both which is delivered in any of the following manners: resident, independent study, practical training, correspondence, or distance learning technology.
002.12 Department shall mean the State Department of Education.
002.13 Fund shall mean the Tuition Recovery Cash Fund.
002.14 Fee shall mean a fixed charge for but not limited to, registration fee, lab fees and the cost of materials, or equipment, if they are portrayed as fees by the school.
002.15 Gross Tuition Revenue shall mean the total tuition and fees received during the assessment year less tuition and fees refunds, and unearned tuition and fees.
002.16 Private Postsecondary Career School shall mean any organization or business enterprise which is not specifically exempt under the Private Postsecondary Career School Act, Sections 85-1601 et seq., and which offers a course of study or instruction for which tuition is charged, even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.
002.17 Program shall mean the complete body of prescribed subjects or studies for the purpose of training, preparing, or improving the person for an occupation.
002.18 Short-term training shall mean classes, courses, or programs of instruction or study that are offered for the purpose of training, preparing, or improving a person for an occupation when (a) the total hours of instruction required for completion is sixteen clock hours or less and (b) no final course grade is given to persons enrolled.
002.19 Teach-Out Program shall mean training provided by another school to complete classes which were not available due to termination of operation of the school.
002.20 Termination of Operation shall mean the act of a private postsecondary career school ceasing to offer all of its educational courses or programs to the public.
002.21 Tuition shall mean money charged for instruction.
002.22 Tuition Recovery Cash Fund shall mean a fund established from the assessment of private postsecondary career schools for use in settling claims made by a claimant due to termination of operation of a private postsecondary career school.
002.23 Unearned Tuition and Fees shall mean money paid by an individual to a school 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 school.
003 The Following Education and Schools are Exempted from the provisions of the Private Postsecondary Career Schools Act and from the provisions of this chapter.
003.01 Schools exclusively offering instruction at any or all levels from preschool through the twelfth grade;
003.02 Education sponsored by a bona fide trade, business, professional, or fraternal organization which is offered solely for that organization's membership or offered without charge;
003.03 Education provided by or funded by an employer and offered solely to its employees for the purpose of improving such persons in such employment;
003.04 Education solely avocational or recreational in nature as determined by the Department;
003.05 Educational programs offered by a charitable institution, organization, or agency as long as such education or training is not advertised or promoted as leading toward occupational objectives;
003.06 Public postsecondary schools established, operated, and governed by this state or its political subdivisions or similar entities in other states as determined by the Department;
003.07 Schools or organizations which offer education or instruction and which are licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff;
003.08 Any postsecondary institution offering or proposing to offer courses or programs leading to a baccalaureate, graduate, or professional degree, but whose offerings may include associate degree programs, diplomas, and other certificates based on the award of college credit, including any such institutions that were regulated prior to May 5, 2011, as private postsecondary career schools pursuant to the Act;
003.09 Entities exclusively offering short-term training; and
003.10 Distance education programs offered by out-of-state schools authorized in accordance with an interstate reciprocity agreement for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of Section 85-2405 R.R.S..
004 Schools exempt from the Act, except for provisions with respect to Agents’ Permits and the Tuition Recovery Cash Fund :
004.01 Schools or organizations offering education or instruction that is not part of a degree program leading to an associate, a baccalaureate, a graduate, or a professional degree which are licensed and regulated by agencies of this state other than the Department are exempt from the Act, except that such schools or organizations shall not be exempt from the provision of the Act with respect to agents’ permits and the Tuition Recovery Cash Fund. Such schools are, thus, not exempt from this chapter.
005 Procedures for the Administration of the Fund
005.01 Each private postsecondary career school authorized to operate in the state shall pay into the fund in each assessment year an amount equal to one-tenth of one percent (.001) of the school's gross tuition revenue for the assessment year.
005.02 All payments made into the fund shall be maintained by the State Treasurer.
005.02A The assets of the fund may not be expended for any purpose other than to pay bona fide claims made against the fund except as provided in section 008 of this rule.
005.02B The fund shall be administered by the Board with advice from the Commissioner.
005.03 Payment into the fund shall be made in the form of a company or cashier's check or money order made payable to the "Nebraska Department of Education" and received no later than the date the school’s renewal application for authorization to operate is due under 92 NAC 41. For schools not authorized to operate by the Commissioner, the payment into the fund is due no later than 6 months after the end of the school’s fiscal year.
005.03A Payment shall be forwarded to the Nebraska Department of Education.
005.03B The school director shall certify on forms provided by the Department that the school 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 Department on request. Any such records made available to the Department may be withheld from the public to the extent allowed by Section 84-712.05 R.R.S..
005.04 A new school authorized to operate by the Department or by any other state agency after the effective date of this rule shall not be assessed in its first fiscal year.
005.04A A new school shall be assessed each assessment year following its first fiscal year for four years or until the fund reaches the minimum level, whichever comes last.
005.04B A new school shall maintain the surety bonds required in Section 85-1639 R.R.S. for five years.
005.05 Schools already in operation on the effective date of this rule shall continue to maintain and service the bond requirements of Section 85-1639 R.R.S. until the fund reaches the minimum amount of $250,000.00 at which time the bonding requirement shall be discontinued for schools not subject to section 005.04B of this Chapter.
005.06 Schools whether located inside or outside this state are not exempt from the agents' bond requirement of Section 85-1640 R.R.S. even when the fund reaches the minimum amount of $250,000.00.
006 Filing of Claims . A claim may be filed only if it arises out of the termination of operation by a private postsecondary career school on or after the effective date of this regulation. Claims by students who ceased to be enrolled in classes which continued to be offered by a school after the student ceased enrollment are not eligible claims. Claims may be filed on forms prescribed by the Department with the Board within one (1) year after termination of operation of a school. Claims filed after one (1) year shall not be considered.
006.01 Claims shall be in writing on forms provided by the Department and must be forwarded to the Nebraska Department of Education, Private Postsecondary Career Schools, and Veterans Education Section.
006.02 Claims shall be accompanied by documents such as receipts, canceled checks, or executed enrollment agreements which verify payment of tuition and fees.
006.03 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.
006.04 Following receipt of the claim by the Department, the Commissioner or his or her designee(s) may investigate and shall review the claim and the Commissioner shall make written recommendations regarding the claim to the Board. In arriving at the recommendations, the Commissioner or his or her designee(s) may request that a claimant submit additional documentation, explanation, and/or meet with the Commissioner or his or her designee(s). A copy of the Commissioner’s written recommendations to the Board shall be mailed to the claimant, certified mail, return receipt requested.
006.05 If the claimant disagrees with the Commissioner's written recommendations, he or she may request a hearing on the recommendations by filing a request with the Board within ten days following receipt of the written recommendations pursuant to 92 NAC 61 (Rule 61).
006.06 If no hearing is requested, the Board may act on the recommendation of the Commissioner without further notice to the claimant.
006.07 Refunds, if any, shall be made, first, to any lender issuing student financial aid on behalf of the claimant or the guarantor of such aid, and second, to the claimant. In the event there was no financial aid involved, refunds shall be made to the claimant.
007 Disbursement of Fund . The purpose of the fund is to reimburse tuition and fees due individuals from schools authorized to operate in the state when the school terminates operation. In the event a private postsecondary career school authorized to operate in the state goes into bankruptcy, or for any other reason terminates operation without completing its educational obligations, or reimbursing its individuals for unearned tuition and fees, the Board may authorize the reimbursement to the claimant or lender the unearned tuition and fees paid to that school in accordance with section 006.01.
007.01 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:
007.01A Acceptance by the claimant of "teach-out" program;
007.01B Amounts available and likely to become available to the fund for payment of claims;
007.01C Total amount and number of claims presented or reasonably likely to be presented in the future;
007.01D Total amount and number of claims caused by the termination of operation of a school;
007.01E Amounts paid out from the fund on claims in the past;
007.01F The total amount of monies paid to the school by identified or prospective claimants.
007.01G When the school holds a surety bond, the claimant first shall file a claim against the surety bond holder or against the holder of such other security agreement which the school has filed with the Department under 92 NAC 41.
008 When the fund exceeds the maximum of $500,000.00, funds in excess of the maximum level shall be used as directed by the State Board of Education to provide grants or scholarships for students attending private postsecondary career schools.
009 "Teach-Out" Programs . A claimant may accept a "teach-out" program in lieu of a refund of tuition and fees.
009.01 Any school may submit to the Department on forms provided by the Department a "teach-out" program to be offered to a claimant.
009.02 The Department shall forward the offered "teach-out" program to the claimant.
009.03 A claimant may accept the "teach-out" program in lieu of a refund of tuition and fees by completing the forms and returning them to the Department.
009.04 Acceptance of a "teach-out" program by a claimant shall constitute a release by the claimant of all his or her claim for a refund from the fund.
010 Penalty . The authorization to operate of any private postsecondary career school which fails to comply with the provisions of this rule shall be subject to revocation pursuant to 92 NAC 43 (Rule 43).
History
- Effective 2016-11-08
Chapter 47 Regulations for Career Academy Programs Established by School Districts
Neb. Admin. Code tit. 92, ch. 47 Regulations for Career Academy Programs Established by School Districts {#sec-92-nac-47 omnilex-key=us-ne-regs-official--title-92--92 NAC 47}
001 General Provisions
001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-777 and 79-318.
001.02 Scope and Application of this Rule. This Chapter governs the (a) establishment, evaluation and continuing approval of Career Academy Programs; (b) career based curriculum utilized by the Career Academy Programs; (c) necessary data elements and collection of data pertaining to Career Academy Programs including but not limited to, the number of students enrolled in Career Academy Programs and their grade levels; and (d) the establishment of an advisory committee consisting of business and education representatives to provide guidance and direction for the operation of Career Academy Programs under the provisions of Neb. Rev. Stat. §§ 79-777 and 79-318.
001.03 Intent. This Chapter provides for the approval and continued operation of any Career Academy Program that is established by a school district.
001.04 Related Regulations. In addition to the requirements of this Chapter, public school districts are also governed by regulations contained in Title 92, Nebraska Administrative Code (NAC), Chapter 10, dealing with the accreditation of schools; 92 NAC Chapters 21 and 24 dealing with teacher certification and endorsement; and 92 NAC Chapter 51 dealing with special education programs.
002 Definitions .
002.01 Academic Courses include English/Language Arts, Mathematics, Science and Social Studies.
002.02 Advisory Committee means a group of business and education representatives who provide guidance and direction for the operation of Career Academy Programs.
002.03 Career Academy Program means a sequence of credit bearing academic and Career and Technical Education courses which reflect a career clusterselected in response to local, regional or state employment needs and demand for expertise.
002.04 Career Cluster means an industry sector defined by groupings from Standard Occupational Classification and North American Industry Classification System codes and the Nebraska Career and Technical Education Model.
002.05 Career Readiness Standards means the Nebraska Standards for Career Ready Practice adopted by the Nebraska State Board of Education.
002.06 Career and Technical Student Organization(s) means an organization for individuals enrolled in a Career and Technical Education program that engages Career and Technical Education activities as an integral part of the instructional program. The following organizations are recognized as authorized Nebraska Career and Technical Student Organizations: Family, Career and Community Leaders of America (FCCLA); Future Business Leaders of America (FBLA); Educators Rising;HOSA/Future Health Professionals; Nebraska Association of DECA; Nebraska FFA Association and Nebraska SkillsUSA.
002.07 Career and Technical Education means educational programs that support the development of knowledge and skills in a specific career cluster, as organized by the Nebraska Career and Technical Education Model, which includes Career and Technical Student Organizations, career development and guidance, and work-based learning. Career and Technical Education may begin in elementary grades continuing through secondary education and ultimately culminates in a postsecondary credential or degree.
002.08 Commissioner means the State Commissioner of Education.
002.09 Course means a particular subject, subject area or defined sequence of learning experiences scheduled during the school day with a certified teacher assigned and with one or more students enrolled and in attendance.
002.10 Department means the State Department of Education, which is comprised of the State Board of Education and Commissioner.
002.11 Expanded Learning means activities and programs that expand opportunities for students to participate in educational and/or experiential activities outside the normal classroom.
002.12 Industry Certification means a credential awarded by an industry association or independent agency that requires passage of an examination benchmarked to predetermined occupational or professional standards.
002.13 Learning Community means a political subdivision which shares the territory of member school districts and is governed by a Learning Community Coordinating Council and which is established pursuant to Neb. Rev. Stat. § 79-2102.
002.14 Middle Grades means grade(s) designated by the school district as middle and may include any grades from four through nine. The middle grades typically include at least grades seven and eight. Common middle grade configurations are grades six through eight or seven through nine.
002.15 Nebraska Career and Technical Education Model is the organizing structure of occupational knowledge and skills adopted by the Nebraska Department of Education.
002.16 Personal Learning Plan means a student tool used to identify coursework and activities for the purpose of high school and postsecondary planning.
002.17 Private Entity means a business, industry, nonprofit organization or individual.
002.18 Program of Study means a coordinated non-duplicative sequence of courses within a career cluster that aligns secondary academic and Career and Technical Education with postsecondary education and that are listed as a Nebraska State Model Program of Study by the Department.
002.19 Postsecondary Education includes apprenticeship, workforce or employment training programs, community colleges, baccalaureate and post-baccalaureate opportunities.
002.20 Postsecondary Educational Institution means an accredited community college, state college, university or non-profit private postsecondary institution.
002.21 School District means the territory under the jurisdiction of a single public school board as authorized in Chapter 79 of the Nebraska Revised Statutes.
002.22 Teacher means a person who is certificated pursuant to 92 NAC 21 to teach.
002.23 Work-Based Learning means an educational strategy that provides a continuum of experiences that are intentionally designed to help students to extend and deepen classroom instruction through experiences in the employment sector.
003 Specific Requirements for Initial Approval and Continued Operation of Career Academy Programs Established by School Districts .
003.01 Planning for Initial Approval. Each school district establishing a Career Academy Program shall conduct a planning process to be completed prior to submitting the application for initial approval. The planning process shall include the following:
003.01A Establish a Career Academy Program Taskforce consisting of representatives of education, business, industry and the community to assist in conducting the planning process which shall include but is not limited to:
003.01A1 Evaluation of the applicant district’s current Career and Technical Education Program of Study offerings, career development and guidance activities, and expanded learning opportunities.
003.01A2 Identification of needed Career Academy Program’s Program(s) of Study based on regional and state workforce and economic development needs.
003.01A3 Identification of technical skill assessment, industry certifications, work-based learning, Career and Technical Student Organization, and expanded learning opportunities that could be available through a Career Academy Program’s Program of Study.
003.01A4 Identification of the potential for alignment of Career Academy Program(s) of Study to postsecondary educational institution(s) offering instruction in the same career cluster.
003.01A5 Identification of needed staffing and professional development.
003.01A6 Identification of private entity partners and potential resources.
003.01A7 Identification of the opportunities for collaboration with other district(s), Educational Service Unit(s), Learning Communities, postsecondary educational institution(s) or private entity(s) in the establishment and operation of the Career Academy Program.
003.02 Required Career Academy Program Components.
003.02A Curriculum. Career Academy Program curriculum shall include the following courses:
003.02A1 A credit-bearing career exploration course which introduces students to the Nebraska Career and Technical Education Model in preparation for a Career Academy Program, and
003.02A2 A Program of Study that includes:
003.02A2a A credit-bearing introductory course within the scope of the Career Academy Program’s Program of Study, and
003.02A2b A minimum of two credit-bearing Career and Technical Education courses to develop the appropriate knowledge and skills in preparation for employment or entrepreneurship in the Career Academy Program’s Program of Study, and
003.02A2c One or more academic courses offered for credit with the course content taught in the context of the Career Academy Program’s Program of Study.
003.02B Career Development. A Career Academy Program shall include a program of career development including but not limited to:
003.02B1 Career information including career interests and aptitude assessments, labor market data, and postsecondary education and training options.
003.02B2 Career exploration and planning activities.
003.02B3 Personal Learning Plans.
003.02B4 Opportunities to learn and practice the Nebraska Career Readiness Standards.
003.02C Career and Technical Student Organizations. A Career Academy Program shall include a district level chapter of the Career and Technical Student Organization aligned to the focus of the Career Academy Program’s Program of Study.
003.02D Work-Based Learning. Career Academy Programs shall include work-based learning that provides a range of experiences that are intentionally designed to help students to extend and deepen classroom instruction through experiences in the employment sector that may include but are not limited to internships, apprenticeships, job shadowing, or business/industry visits and explorations.
003.02E Recruitment of Students. The school district, collaborating with identified Career Academy Program’s partners, shall develop a process for the recruitment of students. The process shall include the following components:
003.02E1 Communication and outreach efforts in the district to parents, students, community members and non-academy staff;
003.02E2 Student career interest and aptitude surveys or assessments; and
003.02E3 Student application and acceptance policies determined by the school district.
003.02F Instructors. The school district shall secure the services of teachers who meet the requirements of Nebraska Department of Education, Title 92, Chapters 21 and 24. Teachers shall hold a valid Nebraska Teaching Certificate.
003.03 Participation. Participation of students in any Career Academy Program approved under this Chapter shall be voluntary.
003.04 Advisory Committee. A local Career Academy Program advisory committee shall be established with membership representing key stakeholders from education and business.
003.04A The advisory committee shall be comprised of no less than fifty-one percent (51%) business members not currently employed by the school district.
003.04B The advisory committee shall meet a minimum of one time during a school year.
003.04C The advisory committee shall provide guidance and direction for the operation of the Career Academy Program including but not limited to:
003.04C1 Aligning the Career Academy Program to economic and labor market needs;
003.04C2 Identifying external partners;
003.04C3 Securing and allocating financial, material and personnel resources;
003.04C4 Aligning curriculum and instruction including, but not limited to coursework, graduation requirements; Career Academy Program exit requirements, and postsecondary requirements; educational institution(s) entrance requirements;
003.04C5 Securing work-based learning opportunities;
003.04C6 Identifying needed professional development; and
003.04C7 Evaluating the Career Academy Program’s effectiveness;
004 Career Academy Program Initial Approval Process .
004.01 Career Academy Program Initial Application. Each school district establishing a Career Academy Program under this chapter shall submit an application to the Department. The Career Academy Program application must document each of the following components:
004.01A Planning as required in Subsections 003.01A1 – 003.01A7;
004.01B Curriculum as required in Subsection 003.02A;
004.01C Career Development as required in Subsection 003.02B;
004.01D Career and Technical Student Organization as required in Subsection 003.02C;
004.01E Work-Based Learning as required in Subsection 003.02D;
004.01F Recruitment of Students as required in Subsection 003.02E;
004.01G Instructors as required in Subsection 003.02F; and
004.01H Advisory Committee as required in Section 003.04.
004.02 Career Academy Program Approval. Career Academy Programs established by the school district shall be approved by the Commissioner for initial and continued operation pursuant to this Chapter.
004.03 Approval Requirements. Approval requires compliance with the requirements identified in Sections 003.01 through 003.04 of this Chapter.
004.04 Initial Career Academy Program Approval. Initial Career Academy Program approval may be granted by the Commissioner for one school year beginning on July 1 of the school year (July1 – June 30) in which the Career Academy Program is to begin.
005 Career Academy Program Approval for Continued Operation .
005.01 Career Academy Program Annual Report. An Annual Career Academy Program Report shall be submitted to the Department by the district by August 1.
005.01A The report shall include the following information from the prior school year:
005.01A1 Compliance with Career Academy Program required components as defined in Section 003.02 of this Chapter.
005.01A2 Description of Career Academy Program accomplishments that may include student and stakeholder satisfaction.
005.02 Improvement Plan. When the annual Career Academy Program Annual Report reflects failure to comply with the requirements of Section 003.02, (as required in Subsection 005.01A1) it shall be accompanied by an improvement plan submitted to the Department. The Improvement Plan must detail the actions and timeline that are planned to bring the Career Academy Program back into compliance with Section 003.02.
005.03 Loss of Approval for Continued Operation. A Career Academy Program not in compliance with the requirements of this Chapter may be subject to loss of Career Academy Program approval for continued operation. The Commissioner may, at his or her discretion, deny Career Academy Program approval.
005.03A Notification When the Commissioner intends to deny program approval or continued operation, notice shall be given via mail to the head administrator of the school district prior to the effective date of the denial. The notice shall specify the basis for the Commissioner’s decision.
005.04 Appeal. The school district will have a maximum of thirty (30) calendar days from the notice of determination to appeal the decision of the Commissioner to the State Board of Education. Denial of Career Academy Program approval or continued operation by the Commissioner, pursuant to Section 005 of this Chapter, may be appealed to the State Board of Education under 92 NAC 61. All hearings arising under this Chapter shall be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence.
History
- Effective 2026-07-19
Chapter 51 Regulations and Standards for Special Education Programs
Neb. Admin. Code tit. 92, ch. 51 Regulations and Standards for Special Education Programs {#sec-92-nac-51 omnilex-key=us-ne-regs-official--title-92--92 NAC 51}
001 Declaration of Responsibility
Neb. Rev. Stat. §79-1127 declares, "The board of education of every school district shall provide or contract for special education programs and transportation for all resident children with disabilities who would benefit from such programs."
002 Statutory Authority
This Chapter is adopted pursuant to the statutory authority vested in the Nebraska Department of Education in Neb. Rev. Stat. §79-1160 which declares, "The State Department of Education shall adopt, promulgate and publish rules and regulations necessary to carry out the Special Education Act” and in Neb. Rev. Stat. §§79-318 and 79-319.
003 Definition of Terms
003.01 Adjusted average per pupil cost (AAPC) of the preceding year means the amount computed by dividing the total instructional expenditure, excluding special education expenditures, by the preceding year's average daily membership as reported in the annual finance report. The costs of sectarian instruction shall not be included in determining the adjusted average per pupil cost of the preceding year and the computation shall be subject to audit by appropriate state agencies. (See Section 011.)
003.02 Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
003.03 Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes the evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with a disability; selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices; coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; training or technical assistance for a child with a disability, or if appropriate, that child's family; and training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the child with a disability.
003.04 At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled children or their parents as a part of the regular education program.
003.05 Below age five means those children who have not reached their fifth birthday on or before July 31 of the current school year.
003.06 Categorical program means a special education program setting in which services are provided to children with the same disability.
003.07 Child find means that all children with disabilities residing in the State, including children with disabilities who are homeless children, or are wards of the State and children with disabilities attending nonpublic schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and a practical method is developed and implemented to determine which children are currently receiving needed special education and related services (See Section 006).
003.08 Child with a disability means a child who has been verified pursuant to Section 006 as a child with autism, a behavior disorder (herein referred to as emotional disturbance), deaf-blindness, a developmental delay, a hearing impairment including deafness, an intellectual disability, multiple impairment, an orthopedic impairment, an other health impairment, a specific learning disability, a speech-language impairment, a traumatic brain injury or a visual impairment including blindness, who because of this impairment needs special education and related services. If, under 92 NAC 51-003.56, it is determined, through an appropriate evaluation under Section 006, that a child has one of the disabilities identified above, but only needs a related service and not special education, the child is not a child with a disability under this Chapter. If the related service required by the child is considered special education rather than a related service, the child would be determined to be a child with a disability.
003.09 Consent means that the parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; that the parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought; that the consent includes a description of the proposed activity and a list of records (if any) which will be released and to whom they will be released; and the parent understands that the granting of consent is voluntary and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the school district or approved cooperative is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.
003.10 Controlled substance means a drug or other substance identified under schedules I, II, III, IV or V in Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
003.11 Cooperative means two or more school districts or an Educational Service Unit (ESU) approved by the Nebraska Department of Education to jointly perform special education functions, including receipt of special education payments.
003.12 Core Academic Subjects has the meaning given the term in Section 602(4) of the Individuals with Disabilities Education Act of 2004. (See Appendix A)
003.13 Day means calendar day unless otherwise indicated as business day or school day;
003.13A Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day) as in 92 NAC 51-015.02C2.
003.13B School day means any day, including a partial day, that children are in attendance at school for instructional purposes. The term school day has the same meaning for all children in school, including children with and without disabilities.
003.14 Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
003.15 Early childhood special education (ECSE) programs means special education programs and related services designed to serve children below age five with verified disabilities.
003.16 Early Intervening Services means the development and implementation of coordinated, early intervening services, which may include interagency financing structures, for children in kindergarten through grade 12 (with a particular emphasis on children in kindergarten through grade 3) who are not currently identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.
003.17 Education records means those records that are directly related to a child which are maintained by an educational agency or institution or by a party acting for the agency or institution. This term parallels the definition contained in the regulations implementing the Family Educational Rights and Privacy Act (FERPA).
003.18 Educational sign language interpreter means a person who provides interpreter services for individuals with deafness or hearing impairments for special education evaluations or services pursuant to IEPs; and who is qualified to facilitate communication between people who do not share a common language or mode of communication.
003.19 Equipment means machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment, and all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices, and books, periodicals, documents, and other related materials.
003.20 Equitable services plan means a written statement that describes the special education and related services the school district or approved cooperative will provide to a parentally-placed non-resident child with a disability enrolled in a nonpublic school in a district other than the district of residence who has been designated to receive services, including the location of the services and any transportation necessary consistent with Section 015 of this Chapter, and is developed and implemented in accordance with Section 015 of this Chapter.
003.21 Evaluation means procedures used in accordance with 92 NAC 51-006 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.
003.22 Excess costs means the difference between: (1) the total allowable cost of the special education programs excluding residential care, and (2) the number of children (full time equivalency) in the special education program multiplied by the adjusted average per pupil cost of the school district of each child for the preceding year.
003.23 Extended school year services means special education and related services that: are provided to a child with a disability, beyond the normal school year of the school district or approved cooperative, in accordance with the child's IEP, at no cost to the parents of the child, and meet the requirements of 92 NAC 51.
003.24 Free appropriate public education or FAPE means special education and related services that are provided at public expense, under public supervision, and direction, and without charge; meet the standards of the state including the requirements of this Chapter; include an appropriate preschool, elementary school, or secondary school education in Nebraska and are provided in conformity with an individualized education program (IEP) that meets the requirements of 92 NAC 51-007.
003.25 Full time equivalency (FTE) means the amount of time an individual staff member spends in his or her position assignment as it relates to the total time in the work week defined for that position by each school district.
003.26 Functional behavioral assessment means the process of gathering information that may be used to maximize the effectiveness and efficiency of behavior support (direct observation must be included). It involves a description of the problem behavior, the identification of antecedents which occasion the behavior and consequences which maintain it, the function the behavior serves (e.g., attention, communication, task avoidance), and the selection of alternative behaviors which will provide the same function.
003.27 Homeless children has the meaning given the term homeless children and youth in Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.11434a).
003.28 Illegal drug means a controlled substance, but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act (21 U.S.C. 812(c)) or under any other provisions of federal law.
003.29 Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
003.30 Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the school district or approved cooperative responsible for the education of the child in question.
003.31 Individualized education program (IEP) means a written statement for a child with a verified disability that is developed, reviewed and revised in a meeting in accordance with Section 007 which specifies the special education and related services necessary to assure the child a free appropriate public education.
003.32 Individualized education program team or IEP team means a group of individuals described in Section 007 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.
003.33 Individualized Family Service Plan (IFSP) means a written plan for providing early intervention services to a child with a disability age birth through the school year in which the child reaches age 3 and the child's family that is developed and implemented in accordance with 92 NAC 52.
003.34 Level I Special Education Services means those services provided to children who require an aggregate of not more than three (3) hours of such services per week. Level I special education services may be provided for or contracted for and shall include all administrative, diagnostic, consultative, vocational adjustment counselor services and support services. Administration, diagnostic services, and special education staff consultation with other staff shall not be included in the computation of hours of services provided to a child each week.
003.35 Level I and Level II Combination Special Education Services means those special education programs which serve both Level I and Level II students in a combined program.
003.36 Level II Special Education Services means those special education and related services which are provided for a period of time exceeding an aggregate of three hours per week.
003.37 Level III Special Education Contractual Services means those special education and related services provided in an educational setting not operated by the school district or approved cooperative whose rates are approved by the Nebraska Department of Education. This shall mean special education and related services provided for a period of time exceeding an aggregate of three hours per week.
003.38 Life support equipment means equipment used to maintain or sustain life functions.
003.39 Limited English Proficient has the meaning given the term in Section 602(18) in the Individuals with Disabilities Education Act of 2004. (See Appendix A)
003.40 Multicategorical program means a special education program setting which provides services to any combination of categories of children with disabilities.
003.41 Multidisciplinary evaluation team (MDT) means a group of qualified professionals and the parent whose responsibility is to evaluate the abilities and needs of a child referred for evaluation and to determine whether or not the child meets the definition of a child with a disability.
003.42 Native language , (when used with respect to an individual of limited English proficiency), means the language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except in all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).
003.43 Notice means written information provided to the parent of a child with a disability a reasonable time before the school district or approved cooperative proposes or refuses to initiate or change identification, evaluation, or educational placement of a child or the provision of a free appropriate public education.
003.44 Parent means a biological or adoptive parent of a child; a foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or a surrogate parent who has been appointed in accordance with 92 NAC 51-009.10B. The biological or adoptive parent, when attempting to act as the parent and when more than one party is qualified to act as a parent, must be presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. However, if a judicial decree or order identifies a specific person or persons to act as the “parent” of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the “parent” for purposes of this subsection.
003.45 Personal equipment and supplies means items necessary for daily life activities occurring outside the requirement of the IEP which are generally expected to be the responsibility of parents.
003.46 Personally identifiable means information that contains the name of the child, the child's parent or other family member; the address of the child; a personal identifier such as the child's social security number or NDE student ID; or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
003.47 Public agency includes the Nebraska Department of Education, school districts and approved cooperatives and any other political subdivisions of the state that are responsible for providing education to children with disabilities.
003.48 Referral means the submission of a request by a parent, school personnel or approved agency for an individual evaluation of a child suspected of having a disability.
003.49 Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training. Related services do not include a medical device that is surgically implanted (including cochlear implants), the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device. This definition does not limit the right of a child with a surgically planted device (e.g., cochlear implant) to receive related services as listed in this definition that are determined by the IEP team to be necessary for the child to receive FAPE or limits the responsibility of a school district to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly.
003.50 Residential care means food and lodging and any other related expenses which are not part of the education program, but such care shall not include expenditures for medical or dental services. (See 92 NAC 53.)
003.51 School age programs means special education programs and related services designed to serve children with verified disabilities from age five through the school year in which the children reach age twenty-one. Children who have reached their fifth birthday prior to July 31 shall be considered school age.
003.52 School district means a public school district or a cooperative approved as a Nebraska Department of Education special education service provider.
003.53 Serious bodily injury means bodily injury which involves substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
003.54 Service agency means the school district or approved cooperative, educational service unit, local or regional office of mental retardation, or some combination thereof, or such other agency approved by the Department of Education as may provide a special education program including an institution not wholly owned or controlled by the state or a political subdivision.
003.55 Service provider means an individual or service agency, excluding a school district or approved cooperative, provisionally approved by the Nebraska Department of Education.
003.56 Special education means specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a verified disability, including classroom instruction, home instruction, instruction in hospitals and institutions and in other settings and instruction in physical education. The term includes travel training, vocational education, speech-language pathology, occupational therapy and physical therapy if the service consists of specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.
003.56A Physical Education means the development of physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance and individual and group games and sports (including intramural and lifetime sports); and includes special physical education, adapted physical education, movement education and motor development.
003.56B Vocational Education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.
003.57 Specially designed instruction means adapting as appropriate to the needs of an eligible child under this Chapter the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability and to ensure access to the general curriculum so that the child can meet the educational standards within the jurisdiction of the public school district or approved cooperative that apply to all children.
003.58 Student assistance team (SAT) means a group of persons utilizing problem solving and intervention strategies to assist the teacher(s) in the provision of general education.
003.59 Supplementary aids and services means, aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and non-academic settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with Section 008 of this Chapter.
003.60 Support services means preventative services for students not identified or verified as having a disability as per Section 006 but who demonstrate a need for specially designed assistance in order to benefit from the school's general education curriculum and to avoid the need for potentially expensive special education placement and services.
003.61 Surrogate parent means an individual appointed by the school district or approved cooperative to act in place of a parent in safeguarding a child's rights in the special education decision making process.
003.62 Teacher meeting IDEA 2004 criteria , for any special education teacher, has the meaning given in Section 602(10) of the Individuals with Disabilities Education Act of 2004. (See Appendix A)
003.63 Transition services means a coordinated set of activities for a child with a disability that is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; is based upon the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and a functional vocational evaluation. Transition services for children with disabilities may be special education, if provided as specially designed instruction, or related services, if required to assist a child with a disability to benefit from special education.
003.64 Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction to enable them to develop an awareness of the environment in which they live; and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in the school, in the home, at work, and in the community).
003.65 Universal design has the meaning given the term in Section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
003.66 Ward of any court means any minor child who, by virtue of a court order entered by a court of competent jurisdiction, has been adjudicated to be a ward of the court.
003.67 Ward of the State means a child who, as determined by the State where the child resides, is a foster child, is a ward of the State, or is in the custody of a public child welfare agency. The term does not include a foster child who has a foster parent who meets the definition of a parent in 92 NAC 51-003.44.
003.68 Weapon means a dangerous weapon as defined in 18 U.S.C. 930(g)(2) to mean a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length.
004 Responsibility for Special Education Programs
004.01 All providers of special education services shall be under the general supervision of the Nebraska Department of Education for the purpose of meeting the standards of this Chapter. School districts and approved cooperatives shall ensure that all children with verified disabilities, from birth through the school year in which the child reaches age twenty-one, including children who have been suspended or expelled from school, have available to them a free appropriate public education (FAPE) which includes special education and related services to meet their unique needs. School districts and approved cooperatives responsibility to ensure the availability of FAPE includes ensuring the availability of FAPE for resident children in detention facilities, correctional facilities, jails, and prisons.
004.02 The school district or approved cooperative shall ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade.
004.02A The determination that a child described in 92 NAC 51-004.02 is eligible under this Chapter must be made on an individual basis by the multidisciplinary evaluation team.
004.03 Exceptions to the Requirement to Provide a Free Appropriate Public Education
004.03A Children with disabilities who have graduated from high school with a regular high school diploma are not eligible to receive a FAPE.
004.03A1 The exception in 92 NAC 51-004.03A does not apply to children who have graduated but have not been awarded a regular high school diploma.
004.03A2 Graduation from high school with a regular diploma constitutes a change in placement, requiring written prior notice in accordance with 92 NAC 51-009.05.
004.03A3 As used in this section, the term regular high school diploma does not include an alternative degree that is not fully aligned with the state’s academic standards such as a certificate or a general educational developmental credential (GED).
004.04 At the request of a parent or guardian, a school district shall issue a certificate of attendance to a student who receives special education services under 92 NAC 51, who has reached seventeen years of age, and who has not completed his or her individualized education program. A school district shall allow a student who receives a certificate of attendance under this section to participate in the high school graduation ceremony of such high school with students receiving high school diplomas. A student may receive only one certificate of attendance and may participate in only one graduation ceremony based on such certificate. The receipt of a certificate of attendance pursuant to this section shall not affect a school district’s obligation to continue to provide special education services to a student receiving such certificate.
004.04A Section 004.04 does not preclude a student from receiving a high school diploma by meeting the school district’s graduation requirements established pursuant to Neb. Rev. Stat. §79-729 or in his or her individualized education program or receiving a diploma of high school equivalency under Neb. Rev. Stat. §79-730 upon completing the requirements of such section. The school district may allow a student who has previously participated in a graduation ceremony based on a certificate of attendance to participate in an additional graduation ceremony when such student receives a high school diploma.
004.05 Participation in Assessments
004.05A School districts shall include all public school children with disabilities in all general state and district-wide assessment programs, including assessments described under section 612(a)(16)(A) of the Individuals with Disabilities Education Act of 2004 (See Appendix A), with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs.
004.05B In the case of a district-wide assessment, the school district shall develop guidelines for the provision of appropriate accommodations.
004.05C In the case of a district-wide assessment, the school district shall develop and implement guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular assessments under 92 NAC 51-004.05A with accommodations as indicated in their respective individualized education programs. The guidelines shall provide for accommodations and alternate assessments that:
004.05C1 Are aligned with the Nebraska Department of Education’s challenging academic content standards and challenging student academic achievement standards; and
004.05C2 If the Nebraska Department of Education has adopted alternate academic achievement standards permitted under Section 612(a)(16)(C)(ii)(II) of the Individuals with Disabilities Education Act of 2004 (See Appendix A), measure the achievement of children with disabilities against those standards.
004.05D School districts shall make available to the public, and report to the public with the same frequency and in the same detail as they report on the assessment of nondisabled children, the following:
004.05D1 The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations in order to participate in these assessments.
004.05D2 The number of children with disabilities participating in alternate assessments described in 92 NAC 51-004.05C1.
004.05D3 The number of children with disabilities participating in alternate assessments described in 92 NAC 51-004.05C2.
004.05D4 The performance results of children with disabilities on regular assessments and on alternate assessments (if the number of children with disabilities participating is sufficient to yield statistically reliable information and reporting that information will not reveal personally identifiable information about an individual child), compared with the achievement of all children, including children with disabilities, on those assessments.
004.05E In the case of a district-wide assessment, the school district or approved cooperative shall, to the extent feasible, use universal design principles in developing and administering any assessments under this Section.
004.06 Reporting of Information Regarding Children with Disabilities
004.06A Individual child information shall be reported electronically via the NDE Portal. Each school district or approved cooperative shall maintain and report the following information for children with verified disabilities receiving services according to an individualized education program.
004.06A1 Name (or identifier approved by NDE) and birthdate;
004.06A2 County, district of legal residence and building of attendance;
004.06A3 Program and instructional setting attended;
004.06A4 Type(s) of disability;
004.06A5 Race/ethnicity, gender, and limited English proficiency;
004.06A6 Type(s) of service received;
004.06A7 Indication of percent of time spent receiving special education service (for inclusive and segregated settings) and in regular education;
004.06A8 Date and reason for exiting special education;
004.06A9 State Ward Status and indication of appointment of surrogate if required;
004.06A10 Initial verification date and disability for children verified pursuant to 92 NAC 51-006.04;
004.06A11 Whether the child received a regular diploma based on the same standards as general education peers or based on the goals met in the child’s IEP.
004.06B This data shall be updated at least annually to reflect change(s) in the above information.
004.06C Public special purpose school systems accredited under 92 NAC 10 and school districts or approved cooperatives shall prepare an accurate and unduplicated child count as of October 1 of each year. The October 1 child count shall be approved and submitted electronically by the portal administrator or designee via the NDE portal on or before October 31 of each year.
004.06D Public special purpose school systems accredited under 92 NAC 10 and school districts or approved cooperatives shall prepare an accurate and unduplicated year-end child count as of June 30 of each year. The June 30 year-end child count shall be approved and submitted electronically by the portal administrator or designee via the NDE portal on or before June 30 of each year.
004.06E School districts and approved cooperatives shall report their incidences, duration, and count of removals, suspensions, and expulsions of children receiving special education services by June 30 of each year. The report must be disaggregated by race/ethnicity, gender, LEP status and disability category.
004.07 A school district or approved cooperative shall submit a single district plan, participate in a plan submitted by a cooperative approved by the Department of Education, or any combination thereof. The State Board of Education shall approve or disapprove cooperatives for direct receipt of payment based on the following criteria:
004.07A The cooperative must be administered by a school district or an Educational Service Unit;
004.07B The participating school districts have certified that the cooperative is authorized to receive special education payments due the districts;
004.07C The cooperative provides evidence of agreements and procedures which provide for long term operation;
004.07D The cooperative proposes to operate programs which can be expected to increase program and financial efficiency and effectiveness; and
004.07E The cooperative provides evidence that the proportionate financial share as determined by the provisions of Sections 011 and 012 of each participating school district can be determined and documented.
004.08 School District or Approved Cooperative Special Education Policies and Procedures
004.08A The school district or approved cooperative shall develop, adopt and have on file with the Nebraska Department of Education current policies, procedures and forms for special education programs for all resident public and nonpublic school children with disabilities, in accordance with all applicable state and federal requirements. Policies and procedures shall govern identification, evaluation and verification, individualized education program, placement (least restrictive environment), confidentiality, procedural safeguards, comprehensive system of personnel development, transportation, and surrogate parents within the school district or approved cooperative. Additionally, policies and procedures shall govern free appropriate public education, child find, transition from Part C of the IDEA to preschool programs, children in nonpublic schools, personnel standards, performance goals and indicators, participation in assessments, reporting related to assessment results, and suspension and expulsion.
004.09 Notice and Opportunity for Hearing Before Withholding Funds
004.09A A school district or an approved cooperative shall be notified by certified mail to the head administrator whenever the Office of Special Education intends to recommend to the State Board of Education that funds be withheld from the school district or approved cooperative.
004.09B Within 21 calendar days of the school district's or approved cooperative's receipt of the notice of the Office of Special Education’s intention to recommend withholding funds to the State Board of Education, the school district or approved cooperative may request in writing a review by the Commissioner or designee. Following the review, the Commissioner or designee shall:
004.09B1 Notify the school district or approved cooperative by certified mail that, based upon the review, (s)he will recommend to the State Board of Education that funds be withheld from the school district or approved cooperative, or
004.09B2 Notify the school district or approved cooperative that funds will not be withheld.
004.09C Within 30 calendar days of receipt of the notice of the Commissioner's intention to withhold funds, the school district or approved cooperative may request in writing a hearing before the State Board of Education. The hearing shall be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence.
004.10 Children with Disabilities who are Wards of the State or Court
004.10A Responsibility for the provision and payment of a free appropriate public education for wards of the state or court is determined pursuant to Neb. Rev. Stat. §79-215.
004.11 Special Requirements
004.11A Each school district or approved cooperative shall take steps to ensure that its children with verified disabilities have available to them the variety of educational programs and services available to children without disabilities in the areas served by the school district including art, music, industrial arts, family consumer science education, and vocational education.
004.11B Each school district or approved cooperative shall comply with any federal health or safety requirements that apply to the facilities that the school district or approved cooperative uses to provide a free appropriate public education for children with verified disabilities.
004.11C Each school district or approved cooperative shall administer or supervise the administration of all educational programs for children with verified disabilities.
004.11D Prohibition on mandatory medication:
004.11D1 The school districts, approved cooperatives and special education and related services providers are prohibited from requiring parents to obtain a prescription for substances identified under Schedules I, II, III, IV or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for the child as a condition of attending school, receiving an evaluation under Section 006 of this Chapter, or receiving services under 92 NAC 51.
004.11D2 Nothing in 92 NAC 51-004.11D1 shall be construed to create a prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a child’s academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services.
004.12 Innovative Educational Projects
004.12A School districts and approved cooperatives wishing to conduct innovative educational projects for the purpose of improving instruction or increasing educational opportunities for children with disabilities that would result in deviating from the standards in this Chapter, shall submit a detailed written plan to the Commissioner of Education.
004.12A1 The length of the project must be specified in the plan, not to exceed three years, and must provide for an annual review of the progress of the program.
004.12A2 If the submitted project requires a waiver of any of the provisions of this Chapter which are not required by State statute and Federal law or regulation, the Commissioner shall submit the plan to the State Board of Education with recommendations.
004.12A3 The State Board of Education may approve the requested plan if the plan demonstrates that it promotes quality learning, equity, accountability, and that the Commissioner of Education will be informed annually of the progress and the project results.
004.12A4 The State Board of Education shall reject the plan if, in its opinion, the plan would not promote quality learning, equity, accountability or if it does not provide that the Commissioner of Education will be informed annually of the progress of the plan. The State Board of Education shall also reject the plan if, in the State Board of Education’s opinion, the plan results in a deviation of standards contained in this Chapter which are specifically required by statute or federal law or regulation.
004.13 All school districts or approved cooperatives shall participate in an ongoing review of their special education programs for purposes of improving outcomes utilizing the Improving Learning for Children with Disabilities self assessment process (ILCD).
004.14 All special education programs shall comply with the requirements of state and federal law and regulation concerning the education of children with disabilities and shall be monitored at least once every five years for compliance with state and federal special education law and regulation.
004.14A Failure to comply with the provisions of state and federal statute and administrative rules concerning education of children with disabilities shall result in notification of school districts or approved cooperatives of the specific program deficiencies by the Office of Special Education.
004.14B School districts or approved cooperatives shall be afforded 45 days to respond to the initial notification with a report of the resolution of the deficiencies or a plan for resolution.
004.14C School districts or approved cooperatives failing to respond as set forth in 92 NAC 51-004.14B shall be afforded an additional 30 days following contact from the Administrator of the Office of Special Education or the designee of the Administrator to submit a plan for resolution of the deficiencies.
004.14D Deficiencies must be corrected as soon as possible, and in no case later than one year after the school district or approved cooperative has been notified of the noncompliance. Deficiencies not corrected according to the timelines set forth in 92 NAC 51-004.14 shall be subject to the procedures outlined in 92 NAC 51-004.09.
004.14E Any school district or approved cooperative not meeting the requirements of this Chapter shall be in violation of the law. No state or federal funds shall be paid to any school district or approved cooperative as long as such violation exists, but no deduction shall be made from any funds required by the Constitution of the State of Nebraska to be paid to such district or approved cooperative.
004.14F The Nebraska Department of Education will monitor school districts and approved cooperatives on the implementation of IDEA as amended in 2004 as required by 34 CFR 300.600 including the enforcement provision contained in 34 CFR 300.604(a)(1) and (a)(3), (b)(2)(i) and (b)(2)(v) and (c)(2) and annually report on the districts’ and cooperatives’ performance.
004.15 Access to Instructional Materials
004.15A A school district or approved cooperative that chooses to coordinate with the National Instructional Materials Access Center (NIMAC) when purchasing print instructional materials shall enter into a written contract with the publisher of the print instructional materials to:
004.15A1 Require the publisher to prepare and, on or before the delivery of the print instructional materials, provide to the National Instructional Materials Access Center, electronic files containing the contents of the print instructional materials using the Instructional Materials Accessibility Standard (NIMAS); or
004.15A2 Purchase instructional materials from a publisher that are produced in or may be rendered in specialized formats.
004.15B Nothing in this section shall be construed to require a school district or approved cooperative to coordinate with the National Instructional Materials Access Center. If a school district or approved cooperative chooses not to coordinate with the National Instructional Materials Access Center, the school district or approved cooperative shall provide an assurance to the Nebraska Department of Education that the school district or approved cooperative will provide instructional materials to children with blindness or other children with print disabilities at the same time as other children.
005 Early Childhood Services for Children with Disabilities Birth to Age Five
005.01 Each school district or approved cooperative shall demonstrate participation in a plan of services for children with disabilities who are less than five years of age. Such plans shall be prepared by each planning region and be updated annually and shall address:
005.01A Gaps and barriers in service delivery;
005.01B Child Find;
005.01C Training and technical assistance;
005.01D Parent involvement; and
005.01E Resources.
005.02 Annual Meetings
005.02A The annual meeting must be conducted prior to July 1 of each year.
005.02B The date and place of the annual meeting shall be disseminated within the region so that all school districts, approved cooperatives, service providers, parents, and nonpublic agencies serving children below age five have access to the information.
005.02C A written report of the annual meeting shall be prepared, which includes a list of participants and identified gaps and barriers. The written report shall be submitted to the Nebraska Department of Education on a date specified by the Department.
005.03 Transition of Children from the early intervention programs to preschool programs
005.03A The school district or approved cooperative shall have in effect policies and procedures to ensure that:
005.03A1 Children participating in early intervention programs assisted under Part C of the IDEA, and who will participate in preschool programs assisted under Part B of the IDEA, shall experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the IDEA;
005.03A2 By the third birthday of a child described in 92 NAC 51-005.03A1, an IEP or an IFSP, has been developed and is being implemented for the child; and
005.03A3 The school district or approved cooperative will participate in transition planning conferences.
006 Identification of Children with Disabilities, Multidisciplinary Teams and Reporting of Diagnostic Data
006.01 Child Find
006.01A All children with disabilities residing in the state, including children with disabilities who are homeless children or wards of the State and children with disabilities attending nonpublic schools, regardless of the severity of their disabilities, and who are in need of special education and related services, shall be identified, located, and evaluated and a practical method shall be developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.
006.01A1 The child find requirements apply to highly mobile children including migrant children.
006.01A2 The child find requirements also apply to a child who is suspected of being a child with a disability under 92 NAC 51-003.08 and in need of special education, even though the child is advancing from grade to grade.
006.01B Student Assistance Team (SAT) or Comparable Problem Solving Team
006.01B1 For a school age student, a general education student assistance team or a comparable problem solving team shall be used prior to referral for multidisciplinary team evaluation.
006.01B2 The SAT or comparable problem solving team shall utilize and document problem solving and intervention strategies to assist the teacher in the provision of general education.
006.01B3 If the student assistance team or comparable problem solving team feels that all viable alternatives have been explored, a referral for multidisciplinary evaluation shall be completed. A referral shall include information from the SAT or comparable problem solving team, meeting the requirements of 92 NAC 51-006.01B and a listing of the members of the SAT or comparable problem solving team.
006.02 General Evaluation Requirements
006.02A The screening of a child by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.
006.02B Consistent with the consent requirements in 92 NAC 51-009.08A, a parent of a child, the Nebraska Department of Education, another State agency or a local school district or approved cooperative or nonpublic school may initiate a request for an initial evaluation to determine if the child is a child with a disability.
006.02B1 The resident school district or approved cooperative shall conduct a full and individual initial evaluation for each child being considered for special education and related services before the initial provision of special education and related services to a child with a disability. The initial evaluation shall determine whether a child is a child with a disability, and the educational needs of the child.
006.02B1a In implementing the requirements of 92 NAC 51-006.02B the school district or approved cooperative shall ensure that:
006.02B1a(1) The evaluation is conducted in accordance with the procedures described in Section 006 of this Chapter.
006.02B1a(2) The results of the evaluation are used by the child's IEP team in meeting the requirements of Section 007 of this Chapter.
006.02C Verification criteria and procedures:
006.02C1 School districts and approved cooperatives must ensure assessments and other evaluation materials used to assess a child under this Chapter;
006.02C1a Are selected and administered so as not to be discriminatory on a racial or cultural basis; and
006.02C1b Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is clearly not feasible to so provide or administer;
006.02C2 Are used for purposes for which the assessments or measures are valid and reliable.
006.02C3 School districts and approved cooperatives must ensure assessments of children with disabilities who transfer from one school or approved cooperative to another school or approved cooperative in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.
006.02C4 School districts and approved cooperatives must ensure materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English language skills.
006.02C5 School districts and approved cooperatives must ensure a variety of assessment tools and strategies are used to gather relevant functional, developmental and academic information about the child, including information provided by the parent, and information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities), that may assist in determining:
006.02C5a Whether the child is a child with a disability under 92 NAC 51-003.08; and
006.02C5b The content of the child's IEP.
006.02C6 School districts and approved cooperatives must ensure any standardized tests that are given to a child:
006.02C6a Have been validated for the specific purpose for which they are used; and
006.02C6b Are administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessments.
006.02C6b(i) If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test, or the method of the test administration) must be included in the evaluation report.
006.02C7 School districts and approved cooperatives must ensure tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
006.02C8 School districts and approved cooperatives must ensure tests are selected and administered so as best to ensure that if a test is administered to a child with impaired sensory, manual, or speaking skills, the test results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).
006.02C9 School districts and approved cooperatives must ensure no single measure or assessment is used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child.
006.02C10 School districts and approved cooperatives must ensure the child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.
006.02C11 School districts and approved cooperatives must ensure in evaluating each child with a disability under Section 006, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.
006.02C12 The school district or approved cooperative must use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
006.02C13 The school district or approved cooperative must use assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.
006.02C14 In interpreting evaluation data for the purpose of determining if a child is a child with a disability and the educational needs of the child, each school district or approved cooperative shall:
006.02C14a Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; and
006.02C14b Ensure that information obtained from all of these sources is documented and carefully considered.
006.03 Multidisciplinary Evaluation Team (MDT) Requirements
006.03A The multidisciplinary evaluation team (including the child's parents) shall be responsible for the analysis, assessment, and documentation of educational and developmental abilities and needs of each child referred for the purpose of individual evaluation. Using the documentation collected and the verification criteria found in Section 006 of this Chapter and the definitions found in 92 NAC 51-006.04, the MDT shall make all verification decisions. Documented information shall be collected to facilitate the development of a statement of present level of development and educational performance on the IEP.
006.03B For children attending nonpublic schools, an administrator of the nonpublic school or a designated representative of the nonpublic school shall be a member of the MDT.
006.03C In making a determination of eligibility, a child shall not be determined to be a child with a disability if the determining factor is lack of appropriate instruction in reading, including the essential components of reading instruction as defined in Section 614(a)(5)(A) of the Individuals with Disabilities Education Act of 2004 (See Appendix A), lack of instruction in math, or limited English proficiency.
006.03D If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with Section 007 of this Chapter.
006.03E Multidisciplinary Evaluation Team Written Report (for all suspected disabilities except specific learning disabilities)
006.03E1 The team shall prepare a written report of the results of the evaluation.
006.03E2 The report shall include a statement of:
006.03E2a Whether the child qualifies as a child with a disability based on the criteria and definition contained in 92 NAC 51-006.04;
006.03E2b The child’s educational needs;
006.03E2c The basis for making the determination; and
006.03E2d A listing of the team members.
006.03E3 Each team member shall certify in writing if the report reflects his or her conclusion. If it does not reflect his or her conclusions, the team member shall submit a separate statement presenting his or her conclusion.
006.03E4 A copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent at no cost.
006.03F Multidisciplinary Evaluation Team Written Report for a Child with a Suspected Specific Learning Disability
006.03F1 The MDT shall prepare a written report of the results of the evaluation.
006.03F2 The report shall include a statement of:
006.03F2a Whether the child has a specific learning disability based on the criteria and definition contained in 92 NAC 51-006.04K.
006.03F2b The child’s educational needs;
006.03F2c The basis for making the determination including an assurance that the determination was made in accordance with 92 NAC 51-006.02C14;
006.03F2d The relevant behavior if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning;
006.03F2e The educationally relevant medical findings, if any;
006.03F2f Whether the child does not achieve adequately for the child’s age or to meet state-approved grade level standards consistent with 92 NAC 51-006.04K3a and the child does not make sufficient progress to meet age or state approved grade level standards consistent with 92 NAC 51-006.04K3b; or whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state approved grade level standards or intellectual development consistent with 92 NAC 51-006.04K3b(1);
006.03F2g The determination of the team concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level; and
006.03F2h If the child has participated in a process that assesses the child’s response to scientific, research-based intervention, then the instructional strategies used and the student-centered data collected; and the documentation that the child’s parents were notified about:
006.03F2h(1) The school district’s or approved cooperative’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
006.03F2h(2) Strategies for increasing the child’s rate of learning; and
006.03F2h(3) The parent’s right to request an evaluation.
006.03F2i A listing of the team members.
006.03F3 Each team member shall certify in writing whether the report reflects his or her conclusion. If the report does not reflect his or her conclusions, the team member shall submit a separate statement presenting his or her conclusion.
006.03F4 A copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent at no cost.
006.03G For a school age child who after initial MDT evaluation does not qualify for special education services or for a child with a verified disability who upon reevaluation no longer qualifies for special education services, a problem solving team shall document a plan to assist the teacher(s) in the provision of regular education.
006.04 Eligibility for Special Education
006.04A School districts or approved cooperatives shall provide special education services only to children with verified disabilities.
006.04B Autism
006.04B1 To qualify for special education services in the category of Autism, the child must have a developmental disability which:
006.04B1a Significantly affects verbal and nonverbal communication and social interaction;
006.04B1b Is generally evident before age three; and
006.04B1c That adversely affects the child’s educational performance.
006.04B1d Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routine, and unusual responses to sensory experiences.
006.04B2 Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance as defined in 92 NAC 51-006.04E.
006.04B3 A child who manifests the characteristics of autism after age 3 could be verified as having autism if the other criteria in 92 NAC 51-006.04B1 are met.
006.04C Deaf-Blindness
006.04C1 To qualify for special education services in the category of Deaf-Blindness, the child must have concomitant hearing and visual impairments, the combination of which causes:
006.04C1a Severe communication needs; and
006.04C1b Other developmental and educational needs.
006.04C1c The severity of these needs is such that they cannot be accommodated in special education programs solely for children with deafness or blindness.
006.04D Developmental Delay
006.04D1 To qualify for special education services in the category of developmental delay, the child shall have a significant delay as measured by appropriate diagnostic instruments and procedures in one or more of the following areas and, by reason thereof needs special education and related services:
006.04D1a Cognitive development,
006.04D1b Physical development,
006.04D1c Communication development,
006.04D1d Social or emotional development,
006.04D1e Adaptive behavior or skills development, or
006.04D1f A diagnosed physical or mental condition that has a high probability of resulting in a substantial delay in function in one or more of such areas.
006.04D2 Developmental delay may be considered as one possible eligibility category for children age three through the school year in which the child reaches age eight.
006.04E Emotional Disturbance
006.04E1 To qualify for special education services in the category of emotional disturbance, the child must have a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects the child’s educational performance:
006.04E1a An inability to learn that cannot be explained by intellectual, sensory, or health factors;
006.04E1b An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
006.04E1c Inappropriate types of behavior or feelings under normal circumstances;
006.04E1d A general pervasive mood of unhappiness or depression; or
006.04E1e A tendency to develop physical symptoms or fears associated with personal or school problems.
006.04E2 The term includes schizophrenia. The term does not apply to children with social maladjustments, unless it is determined that they have an emotional disturbance.
006.04F Hearing Impairment
006.04F1 To qualify for special education services in the category of Hearing Impairment, a child must have an impairment in hearing which:
006.04F1a Is so severe that the child is impaired in processing linguistic information through hearing with or without amplification, or
006.04F1b Is permanent or fluctuating, and
006.04F1c Adversely affects the child’s educational performance.
006.04F2 This term combines the state definition of “deaf” contained in Neb. Rev. Stat. §79-1118.01(4), the state definition of “hard of hearing” in Neb. Rev. Stat. §79-1118.01(7), the federal definition of “deafness” in 34 CFR 300.8(c)(3), and the federal definition of “hearing impairment” in 34 CFR 300.8(c)(5).
006.04G Intellectual Disability
006.04G1 To qualify for special education services in the category of Intellectual Disability, the child must demonstrate:
006.04G1a Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.
006.04H Multiple Impairments
006.04H1 To qualify for special education services in the category of Multiple Impairments, the child must have concomitant impairments (such as intellectual disability-visual impairment, intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments.
006.04H2 This classification does not include children with deaf-blindness.
006.04I Orthopedic Impairment
006.04I1 To qualify for services in the category of Orthopedic Impairment, the child must have a severe orthopedic impairment that adversely affects the child’s educational performance.
006.04I2 The category includes children with impairments caused by:
006.04I2a Congenital anomaly,
006.04I2b Impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and
006.04I2c Impairments from other causes (e.g., cerebral palsy, amputations and fractures or burns that cause contractures).
006.04J Other Health Impairment
006.04J1 To qualify for special education services in the category of Other Health Impairment, the child must have:
006.04J1a Limited strength, vitality or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment that is due to chronic or acute health problems which adversely affects the child’s educational performance such as:
006.04J1a(1) Asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome.
006.04K Specific Learning Disability
006.04K1 To qualify for special education services in the category of specific learning disability the child must have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. The category includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The category does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities; of intellectual disabilities; of emotional disturbance; or of environmental, cultural, or economic disadvantage.
006.04K2 The MDT of a child suspected of having a specific learning disability shall include at least:
006.04K2a The child’s parents;
006.04K2b For a school age child, the child’s regular teacher(s) or if a child does not have a regular teacher, a regular classroom teacher qualified to teach a child of that age;
006.04K2c For a child below age 5, a teacher qualified to teach a child below age 5;
006.04K2d Special educator with knowledge in the area of specific learning disabilities;
006.04K2e At least one person qualified to conduct initial individual diagnostic examinations of children, such as a school psychologist, speech language pathologist, or remedial reading teacher; and
006.04K2f A school district administrator, or a designated representative.
006.04K3 The MDT may determine that a child has a specific learning disability if:
006.04K3a The child does not achieve adequately for the child’s age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving.
006.04K3b The child does not make sufficient progress to meet age or State approved grade-level standards in one or more of the areas identified in 92 NAC 51-006.04K3a when using a process based on the child’s response to scientific, research-based intervention; or
006.04K3b(1) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the team to be relevant to the identification of a specific learning disability, using appropriate assessments consistent with 92 NAC 51-006.02.
006.04K4 The team determines that its findings under 92 NAC 51-006.04K3a and 006.04K3b are not primarily the result of:
006.04K4a A visual, hearing, or motor disability;
006.04K4b Intellectual disability;
006.04K4c Emotional disturbance;
006.04K4d Cultural factors,
006.04K4e Environmental or economic disadvantage; or
006.04K4f Limited English proficiency.
006.04K5 To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in 92 NAC 51-006.02:
006.04K5a Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and
006.04K5b Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.
006.04K6 The school district or approved cooperative must promptly request parental consent to evaluate the child to determine if the child needs special education and related services and must adhere to the timeframes described in 92 NAC 51-009.04A1, unless extended by mutual written agreement of the child’s parents and a team of qualified professionals, as described in 92 NAC 51-006.04K2.
006.04K6a If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction as described in 92 NAC 51-006.04K5a and b; and
006.04K6b Whenever a child is referred for an evaluation.
006.04K7 The school district or approved cooperative must ensure that the child is observed in the child’s learning environment (including the regular classroom setting) to document the child’s academic performance and behavior in the areas of difficulty.
006.04K8 The MDT, in determining whether a child has a specific learning disability, must decide to:
006.04K8a Use information from an observation in routine classroom instruction and monitoring of the child’s performance that was done before the child was referred for an evaluation; or
006.04K8b Have at least one member of the MDT described in 92 NAC 51-006.04K2 conduct an observation of the child’s academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with 92 NAC 51-009.08 is obtained.
006.04K8c In the case of a child of less than school age or out of school, an MDT member must observe the child in an environment appropriate for a child of that age.
006.04L Speech-Language Impairment
006.04L1 To qualify for special education services in the category of Speech-Language Impairment, the child must have:
006.04L1a A communication disorder such as:
006.04L1a(1) Stuttering;
006.04L1a(2) Impaired articulation;
006.04L1a(3) Language impairment; or
006.04L1a(4) A voice impairment.
006.04L2 This disorder must adversely affect the child’s educational performance.
006.04M Traumatic Brain Injury
006.04M1 To qualify for special education services in the category of Traumatic Brain Injury, the child must have:
006.04M1a An acquired injury to the brain caused by external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects the child’s educational performance.
006.04M1b The category includes open or closed head injuries resulting in impairments in one or more areas such as:
006.04M1b(1) Cognition;
006.04M1b(2) Language;
006.04M1b(3) Memory;
006.04M1b(4) Attention;
006.04M1b(5) Reasoning;
006.04M1b(6) Abstract thinking;
006.04M1b(7) Judgment;
006.04M1b(8) Problem solving;
006.04M1b(9) Sensory, perceptual and motor abilities;
006.04M1b(10) Psychosocial behavior;
006.04M1b(11) Physical functions;
006.04M1b(12) Information processing; and
006.04M1b(13) Speech.
006.04M2 The category does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
006.04N Visual Impairment including Blindness
006.04N1 To qualify for special education services in the category of Visual Impairment, including blindness, the child must have;
006.04N1a An impairment in vision that, even with correction, adversely affects the child’s educational performance.
006.04N2 Reevaluations
006.05 This category includes children who have partial sight or blindness.
006.05A A school district or approved cooperative shall ensure that a reevaluation of each child with a disability is conducted in accordance with the verification procedures in Section 006 of this Chapter:
006.05A1 If the school district or approved cooperative determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant, a reevaluation; or
006.05A2 If the child’s parents or teacher requests a reevaluation.
006.05B A reevaluation conducted under subsection 006.05 of this Chapter:
006.05B1 May occur not more than once a year, unless the parent and the school district or approved cooperative agree otherwise; and
006.05B2 Must occur at least once every three years, unless the parent and the school district or approved cooperative agree that a reevaluation is unnecessary.
006.06 Review of Existing Evaluation Data
006.06A As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP team and other qualified professionals as appropriate, shall:
006.06A1 Review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based local or State assessments and classroom-based observations, and observations by teachers and related services providers; and
006.06A2 On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine:
006.06A2a Whether the child is a child with a disability, as described in 92 NAC 51-003.08, and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs;
006.06A2b The present levels of academic achievement and related developmental needs of the child;
006.06A2c Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and
006.06A2d Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.
006.06B The school district or approved cooperative shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP team under 92 NAC 51-006.06A2.
006.06C The IEP team and other qualified professionals may conduct its review without a meeting.
006.06D If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child’s educational needs the school district or approved cooperative:
006.06D1 Shall notify the child's parents of:
006.06D1a That determination and the reasons for the determination; and
006.06D1b The right of the parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs.
006.06D2 The school district or approved cooperative shall not be required to conduct such an assessment unless requested to by the child's parents.
006.06E A school district or approved cooperative shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.
006.06E1 The evaluation described in 92 NAC 51-006.06E is not required before the termination of a student's eligibility under this Chapter due to graduation from secondary school with a regular high school diploma, or to exceeding the age eligibility for a free appropriate public education under Neb. Rev. Stat. §79-1126. For a child whose eligibility terminates under these circumstances, a school district or approved cooperative shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.
006.07 Independent Educational Evaluation
006.07A A parent of a child with a disability has the right to obtain an independent educational evaluation of the child at public expense if the parent disagrees with the evaluation obtained by the school district or approved cooperative, subject to the provisions of 92 NAC 51-006.07.
006.07B Each school district or approved cooperative shall provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the school district's or approved cooperative’s criteria applicable for independent educational evaluations.
006.07C A parent is entitled to only one independent educational evaluation at public expense each time the school district or approved cooperative conducts an evaluation with which the parent disagrees.
006.07C1 Public expense means that the school district or approved cooperative either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.
006.07D If a parent requests an independent educational evaluation at public expense, the school district or approved cooperative must, without unnecessary delay, either:
006.07D1 Initiate a hearing under 92 NAC 55 to show that its evaluation is appropriate; or
006.07D2 Ensure that an independent educational evaluation is provided at public expense, unless the school district or approved cooperative demonstrates at a hearing under 92 NAC 55 that the evaluation obtained by the parent did not meet school district or approved cooperative criteria.
006.07E If the school district or approved cooperative initiates a hearing and the final decision is that the school district's or approved cooperative’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.
006.07F If a parent requests an independent educational evaluation, the school district or approved cooperative may ask for the parent's reason why he or she objects to the public evaluation. However, the school district or approved agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.
006.07G If the parent obtains an independent educational evaluation at public expense or shares with the school district or approved cooperative an evaluation obtained at private expense, the results of the evaluation:
006.07G1 Must be considered by the school district or approved cooperative, if it meets school district or approved cooperative criteria, in any decision made with respect to the provision of a free appropriate public education to the child; and
006.07G2 May be presented by any party as evidence at a hearing under 92 NAC 55 regarding that child.
006.07H If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.
006.07I If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district or approved cooperative uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.
006.07J Except for the criteria described in 92 NAC 51-006.07I, a school district or approved cooperative may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
007 Individualized Education Program (IEP)
007.01 An IEP shall be developed, reviewed, revised, and implemented for each child who receives special education and related services. In order to fulfill the requirements of 92 NAC 51-007.01 for infants and toddlers, school districts or approved cooperatives shall meet the requirements of 92 NAC 52. FAPE is provided to infants and toddlers with a disability in accordance with an IFSP rather than an IEP. The requirements for contents of the IFSP apply rather than the requirements for the contents of an IEP. All other substantive rights and protections established under special education laws apply to infants and toddlers with disabilities receiving FAPE in accordance with an IFSP.
007.02 School districts or approved cooperatives must provide special education and related services to a child with a disability in accordance with the child’s IEP.
007.02A At the beginning of each school year, each school district or approved cooperative shall have an IEP in effect for each child with a verified disability within its jurisdiction.
007.02A1 From the end of the school year in which a child reaches age 3, until the child’s sixth birthday, the IEP team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in 92 NAC 52 (including an educational component that promotes school readiness and incorporates pre- literacy, language, and numeracy skills for children with an IFSP who are at least three years of age), and that is developed in accordance with the IEP procedures. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is agreed to by the school district or approved cooperative and the child’s parents.
007.02B Each school district or approved cooperative shall ensure that an IEP is in effect before special education and related services are provided to a child with a verified disability under this Chapter.
007.02C The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and
007.02D Each teacher and provider described in 92 NAC 51-007.02C must be informed of his or her specific responsibilities related to implementing the child's IEP; and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
007.03 IEP Team Participants
007.03A The school district or approved cooperative shall ensure and document that each IEP team includes the following:
007.03A1 The parents of a child with a disability or documentation of 92 NAC 51-007.06D;
007.03A2 Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
007.03A2a The regular education teacher of the child, as a member of the IEP team, shall, to the extent appropriate, participate in the development, review and revision of the IEP of the child, including assisting in the determination of appropriate positive behavioral interventions and supports, and other strategies, and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with 92 NAC 51-007.07A5.
007.03A3 Not less than one special education teacher, or where appropriate, not less than one special education provider of the child;
007.03A4 A representative of the school district or approved cooperative who:
007.03A4a Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
007.03A4b Is knowledgeable about the general education curriculum; and
007.03A4c Is knowledgeable about the availability of resources of the school district or approved cooperative;
007.03A4c(1) A school district or approved cooperative may designate another member of the IEP team to also serve as the school district or approved cooperative representative, if the criteria in 92 NAC 51-007.03A4 are satisfied.
007.03A5 An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in 92 NAC 51-007.03A2 through 007.03A6;
007.03A6 At the discretion of the parent or the school district or approved cooperative, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;
007.03A6a The determination of the knowledge or special expertise of any individual described in 92 NAC 51-007.03A6 shall be made by the party (parents or school district or approved cooperative) who invited the individual to be a member of the IEP.
007.03A7 Whenever appropriate, the child with a disability;
007.03A8 For a child attending a nonpublic school, a representative of the nonpublic school the child attends. If the representative cannot attend, other methods shall be used to ensure participation by the nonpublic school, including individual or conference telephone calls;
007.03A9 For children receiving services from an approved service agency, a representative of the service agency. If the representative is not in attendance, other methods shall be used to ensure participation by the approved service agency, including written communication, or individual or conference telephone calls;
007.03A10 If the purpose of the meeting is to consider postsecondary goals for the child and the transition services needed to assist the child in reaching those goals:
007.03A10a The school district or approved cooperative must invite the child;
007.03A10a(1) If the child does not attend the IEP meeting, the school district or approved cooperative shall take other steps to ensure that the child’s preferences and interests are considered.
007.03A10b To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, the school district or approved cooperative must invite a representative of any participating agency that is likely to be responsible for providing or paying for the transition services.
007.03A11 For a child verified in the category of hearing impairment, an educator endorsed to teach a child with hearing impairments.
007.03A12 For a child verified in the category of visual impairment, an educator endorsed to teach a child with visual impairments.
007.04 IEP Team Attendance
007.04A A member of the IEP team described in 92 NAC 51-007.03A2 through 007.03A5 shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the school district or approved cooperative agree, in writing, that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
007.04B A member of the IEP team in 92 NAC 51-007.04A may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:
007.04B1 The parent, in writing, and the school district or approved cooperative consent to the excusal; and
007.04B2 The member submits, in writing, to the parent and the IEP team, input into the development of the IEP prior to the meeting.
007.05 In the case of a child who was previously served as an infant or toddler under Part C of the Individuals with Disabilities Education Act, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the Part C services coordinator or other representatives of the Part C system to assist with the smooth transition of services.
007.06 Parent Participation
007.06A The school district or approved cooperative shall take steps to ensure that one or both of the parents of the child with a disability are present at the IEP conference or are afforded the opportunity to participate, including:
007.06A1 Notifying parents of the IEP conference early enough to ensure that they will have an opportunity to attend; and
007.06A2 Scheduling the meeting at a mutually agreed on time and place.
007.06B The notification under 92 NAC 51-007.06A1 must indicate the purpose, time and location of the meeting and who will be in attendance and inform the parents of the provisions of 92 NAC 51-007.03A6, 007.03A6a, and 007.05.
007.06B1 For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP team, the notice also must:
007.06B1a Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child in accordance with 92 NAC 51-007.07A9; and
007.06B1b Indicate that the school district or approved cooperative will invite the child to the meeting; and
007.06B1c Identify any other agency that will be invited to send a representative.
007.06C If neither parent can attend the IEP meeting, the school district or approved cooperative shall use other methods to ensure parent participation, including individual or conference telephone calls consistent with 92 NAC 51-007.09H (related to alternate means of meeting participation).
007.06D A meeting may be conducted without a parent in attendance if the school district or approved cooperative is unable to convince the parents they should attend. In this case, the school district must keep a record of its attempts to arrange a mutually agreed on time and place such as:
007.06D1 Detailed records of telephone calls made or attempted and the results of the calls;
007.06D2 Copies of correspondence sent to the parents and any responses received; and
007.06D3 Detailed records of visits made to the parent's home or place of employment and the results of those visits.
007.06E The school district or approved cooperative shall take whatever action is necessary to ensure that the parent understands the proceedings of an IEP conference, including arranging for an interpreter for parents who are deaf or whose native language is other than English.
007.07 IEP Development
007.07A The IEP shall include:
007.07A1 A statement of the child's present levels of academic achievement and functional performance, including:
007.07A1a How the child's disability affects the child's involvement in and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or
007.07A1b For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities.
007.07A2 A statement of measurable annual goals, including academic and functional goals, designed to:
007.07A2a Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; or for preschool children, as appropriate, to participate in appropriate activities, and 007.07A2b Meet each of the child's other educational needs that result from the child's disability;
007.07A3 For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
007.07A4 A description of how the child’s progress toward meeting the annual goals described in 92 NAC 51-007.07A2 will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;
007.07A5 A statement of the special education and related services and supplementary aids and services based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child:
007.07A5a To advance appropriately toward attaining the annual goals;
007.07A5b To be involved in and progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and
007.07A5c To be educated and participate with other children with disabilities and nondisabled children in the activities described in 92 NAC 51-007.07A5;
007.07A6 An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in 92 NAC 51-007.07A5;
007.07A7 A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and district-wide assessments; and if the IEP team determines that the child must take an alternate assessment instead of a particular regular state or district-wide assessment of student achievement, a statement of why:
007.07A7a The child cannot participate in the regular assessment; and
007.07A7b The particular alternate assessment selected is appropriate for the child; and
007.07A8 The projected date for the beginning of the services and modifications described in 92 NAC 51-007.07A5 and the anticipated frequency, location, and duration of those services and modifications;
007.07A9 Beginning not later than the first IEP to be in effect when the child turns 14, and updated annually thereafter.
007.07A9a Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
007.07A9b The transition services (including courses of study) needed to assist the child in reaching those goals; and
007.07A9c If a participating agency, other than the school district or approved cooperative fails to provide the transition services described in the IEP, the school district or approved cooperative shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.
007.07A9c(i) Nothing in this Chapter relieves any participating agency, including the State Division of Vocational Rehabilitation, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility of that agency.
007.07A10 Nothing in this section shall be construed to require that additional information be included in a child’s IEP beyond what is explicitly required in 92 NAC 51-007.07A, or to require the IEP team to include information under one component of a child’s IEP that is already contained in another component of such IEP.
007.07B In developing, reviewing or revising each child's IEP:
007.07B1 The IEP team shall consider the strengths of the child and the concerns of the parents for enhancing the education of their child.
007.07B2 The IEP team shall consider the results of the initial evaluation or most recent evaluation of the child, and the academic, developmental, and functional needs of the child.
007.07B3 In the case of a child whose behavior impedes his or her learning or that of others, the IEP team shall consider the use of positive behavioral interventions, and supports and other strategies to address that behavior.
007.07B4 In the case of a child with limited English proficiency, the IEP team shall consider the language needs of the child as those needs relate to the child's IEP.
007.07B5 In the case of a child who is blind or visually impaired, the IEP team shall provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child.
007.07B6 The IEP team shall consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, shall consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.
007.07B7 The IEP team shall consider whether the child needs assistive technology devices and services.
007.07C Services
007.07C1 Routine checking of hearing aids and external components of surgically implanted medical devices.
007.07C1a Each school district and approved cooperative must ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.
007.07C1b Subject to 92 NAC 51-007.07C1b(1) each school district and approved cooperative must ensure that the external components of surgically implanted medical devices are functioning properly.
007.07C1b(1) For a child with a surgically implanted medical device who is receiving special education and related services under this Chapter, a school district and approved cooperative is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).
007.07C2 Physical education services, specially designed if necessary, must be made available to every child with a verified disability receiving a free, appropriate public education, unless the school district or approved cooperative enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.
007.07C2a Each child with a verified disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless:
007.07C2a(1) The child is enrolled full time in a separate facility; or
007.07C2a(2) The child needs specially designed physical education as prescribed in the child’s individualized education program.
007.07C2b If specially designed physical education is prescribed in a child’s individualized education program, the school district or approved cooperative responsible for the education of that child shall provide the services directly or make arrangements for it to be provided through other public or nonpublic programs.
007.07C2c The school district or approved cooperative responsible for the education of a child with a verified disability who is enrolled in a separate facility shall ensure that the child receives appropriate physical education services.
007.07C3 Each school district or approved cooperative shall ensure assistive technology devices or assistive technology services, or both, as defined in 92 NAC 51-003.02 and 003.03 are made available to any child with a disability if required, as part of the child’s:
007.07C3a Special education under 92 NAC 51-003.56;
007.07C3b Related services under 92 NAC 51-003.49; or
007.07C3c Supplementary aids and services under 92 NAC 51-003.59 and 008.01A.
007.07C3d On a case by case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.
007.07C4 The school district or approved cooperative shall take steps including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP team to provide nonacademic and extracurricular services and activities in the manner necessary to afford each school age child with a verified disability an equal opportunity for participation in those services and activities.
007.07C4a Nonacademic and extra-curricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district or approved cooperative, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district or approved cooperative and assistance in making outside employment available.
007.07C5 Extended School Year Services (ESYS)
007.07C5a Each school district or approved cooperative shall ensure that extended school year services are available as necessary to provide a free appropriate public education consistent with 92 NAC 51-007.07C5b.
007.07C5b Extended School Year (ESY) services must be provided only if a child’s IEP team determines, on an individual basis, in accordance with Section 007, that the services are necessary for the provision of a free appropriate public education.
007.07C5c In implementing the requirements of this section, a school district or approved cooperative may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.
007.07C6 The need for related services of an instructional nature shall be documented on the IEP present level of performance, goals, and objectives, and shall be based on documented diagnostic evidence. Determination of the need for a related service for a child with a verified disability does not require the additional verification of a secondary disability.
007.08 Programs for Children who Transfer School Districts or Approved Cooperatives
007.08A Transfer within the same state – If a child with a disability (who had an IEP that was in effect in a previous school district or approved cooperative in Nebraska) transfers to a new school district or approved cooperative in Nebraska, and enrolls in a new school within the same school year, the new school district or approved cooperative (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous school district or approved cooperative), until the new school district or approved cooperative either:
007.08A1 Adopts the child’s IEP from the previous school district or approved cooperative; or
007.08A2 Develops, adopts, and implements a new IEP that meets the applicable requirements of 92 NAC 51-007.
007.08B Transfer from outside the state – If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a school district or approved cooperative in Nebraska, and enrolls in a new school within the same school year, the new school district or approved cooperative (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous school district or approved cooperative), until the new school district or approved cooperative:
007.08B1 Conducts an evaluation pursuant to Section 006 of this Chapter (determined to be necessary by the new school district or approved cooperative); and
007.08B2 Develops, adopts, and implements a new IEP, if appropriate that meets the requirements of 92 NAC 51-007.
007.08C Transmittal of records
007.08C1 To facilitate the transition for a child who transfers schools the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled, pursuant to Section 99.31(a)(2) of Title 34, Code of Federal Regulations.
007.08C2 The previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school.
007.08C3 Neb. Rev. Stat. §79-2,105 requires that a copy of a public or private school’s files or records concerning a student shall be provided at no charge, upon request, to any public or private school to which the student transfers.
007.09 IEP Meeting
007.09A A meeting to develop an IEP for a child must be held within thirty (30) calendar days of a determination that the child needs special education and related services.
007.09B After the initial IEP meeting, IEPs must be in effect at the beginning of each school year.
007.09C The IEP team shall review the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved.
007.09D The school district or approved cooperative shall provide a copy of the IEP to parents at no cost.
007.09E In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the school district or approved cooperative may agree not to convene an IEP meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.
007.09E1 If changes are made to the child’s IEP in accordance with 92 NAC 51-007.09E, the school district or approved cooperative must ensure that the child’s IEP team is informed of those changes.
007.09F Changes to the IEP may be made either by the entire IEP team at an IEP team meeting, or as provided in 92 NAC 51-007.09E of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.
007.09G To the extent possible, the school district or approved cooperative shall encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.
007.09H When conducting IEP team meetings and placement meetings and carrying out administrative matters (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a school district or approved cooperative may agree to use alternative means of meeting participation, such as video conferences and conference calls.
007.10 The IEP team shall revise the IEP as appropriate to address:
007.10A Any lack of expected progress toward the annual goals described in 92 NAC 51-007.07 and in the general education curriculum, if appropriate;
007.10B The results of any reevaluation conducted under 92 NAC 51-006.05A;
007.10C The information about the child provided to, or by, the parents, as described in 92 NAC 51-006.06A1;
007.10D The child's anticipated needs; or
007.10E Other matters.
007.11 Children with Disabilities in Adult Prisons
007.11A The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
007.11A1 The requirements of 92 NAC 51-007.07A7 (relating to participation of children with disabilities in general assessments); and
007.11A2 The requirements of 92 NAC 51-007.07A9 (relating to transition and planning and transition services) do not apply with respect to such children who will reach age 21 before they will be eligible to be released from prison, based on consideration of their sentence and eligibility of early release.
007.11B Subject to 92 NAC 51-007.11B1, the IEP team of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child’s IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
007.11B1 The requirements of 92 NAC 51-003.31 and 007.07 (relating to IEPs), and 92 NAC 51- 008.01A (relating to LRE), do not apply with respect to the modifications described in 92 NAC 51-007.11B.
008 Placement of Children With Disabilities
008.01 Least Restrictive Environment (LRE) Requirements
008.01A The school district or approved cooperative shall establish policies and procedures to assure that, to the maximum extent appropriate, children with disabilities, including children in public or nonpublic schools and approved service agencies, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
008.01B Before any action is taken with respect to the initial placement of a child with disabilities, the school district or approved cooperative shall be responsible for the provision of a comprehensive individual multidisciplinary evaluation of the child's development and educational needs.
008.01C In determining the educational placement of a child with a disability, including a preschool child with a disability, school districts and approved cooperatives must ensure that:
008.01C1 The placement decision is made by a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
008.01C2 The placement decision is made in conformity with the least restrictive environment requirements in 92 NAC 51-008.01 and based on the child's unique needs and not on the child's disability.
008.01D Each school district or approved cooperative must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
008.01D1 The continuum must:
008.01D1a Include instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions; and
008.01D1b Make provision for supplementary services (such as resource or itinerant instruction) to be provided in conjunction with regular class placement.
008.01E The school district or approved cooperative shall ensure that the educational placement of a child with a verified disability:
008.01E1 Is determined at least annually;
008.01E2 Is based on his or her individualized education program (IEP); and
008.01E3 Is as close as possible to the child's home.
008.01F The various array of placement options included under 92 NAC 51-008.01D must be available to the extent necessary to implement the individualized education program for each child with a verified disability.
008.01G Unless a child's IEP requires some other arrangement, the child must be educated in the school which he or she would attend if not disabled.
008.01H In selecting the least restrictive environment, consideration must be given to any potential harmful effect on the child or on the quality of services which he or she needs.
008.01I A child with a disability must not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.
009 Procedural Safeguards
009.01 Parent Participation in Meetings
009.01A The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of FAPE to the child.
009.01B Each school district or approved cooperative must provide notice consistent with 92 NAC 51-007.06A1 and 007.06B to ensure that parents of children with disabilities have the opportunity to participate in meetings described in 92 NAC 51-009.01A.
009.01C A meeting does not include informal or unscheduled conversations involving school district or approved cooperative’s personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that school district or approved cooperative’s personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
009.02 Parent Involvement in Placement Decisions
009.02A The school district or approved cooperative shall ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of their child.
009.02B In implementing the requirements of 92 NAC 51-009.02A, the school district or approved cooperative shall use procedures consistent with the procedures described in 92 NAC 51-007.06A, 007.06B, and 009.01A.
009.02C If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the school district or approved cooperative shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.
009.02D A placement decision may be made by a team without the involvement of the parents if the school district or approved cooperative is unable to obtain the parents’ participation in the decision. In this case, the school district or approved cooperative must have a record of its attempt to ensure their involvement including information that is consistent with the requirements of 92 NAC 51-007.06D.
009.03 Opportunity to Examine Records
009.03A The parents of a child with a disability must be afforded, in accordance with the procedures of 92 NAC 51-009.03, an opportunity to inspect and review all education records with respect to: the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child.
009.03B Each participating agency shall permit parents to inspect and review any education records relating to their children which are collected, maintained or used by the participating agency. The participating agency shall comply with such a request without unnecessary delay and before any meeting regarding an individualized education program or hearing pursuant to 92 NAC 55 or resolution session and in no case more than 45 days after the request has been made.
009.03B1 As used in 92 NAC 51-009.03B, participating agency means any agency or institution that collects, maintains or uses personally identifiable information or from which information is obtained under this Chapter.
009.03B2 The right to inspect and review education records includes:
009.03B2a The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records; and
009.03B2b The right to request that the participating agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and
009.03B2c The right to have a representative of the parent inspect and review the records.
009.03B3 A participating agency may presume that the parent has authority to inspect and review records relating to his or her child unless the service agency has been advised that the parent does not have the authority under applicable Nebraska law governing such matters as guardianship, separation and divorce.
009.03C Record of Access
009.03C1 Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used (except access by parents and authorized employees of the participating service agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
009.03D Records On More Than One Child
009.03D1 If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.
009.03E List of Types and Locations of Information
009.03E1 Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the participating agency.
009.03F Fees
009.03F1 A participating agency may charge a fee for copies of records which are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
009.03F2 A participating agency may not charge a fee to search for or to retrieve information.
009.03G Amendment of Records at Parent's Request
009.03G1 A parent who believes that information in education records collected, maintained, or used is inaccurate or misleading, or violates the privacy or other rights of the child may request the participating agency which maintains the information to amend the information.
009.03G2 The participating agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
009.03G3 If the participating agency decides to refuse to amend the information in accordance with the request, it shall inform the parents of the refusal and advise the parent of the right to a local administrative review to be conducted in accordance with 34 CFR 99.22.
009.03H Opportunity for a Local Administrative Review
009.03H1 The participating agency shall, on request, provide an opportunity for a local administrative review to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
009.03I Result of Local Administrative Review
009.03I1 If, as a result of the local administrative review, the participating agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the information accordingly and so inform the parent in writing.
009.03I2 If, as a result of the local administrative review, the participating agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the participating agency shall inform the parent of the right to place in the records the participating agency maintains on the child, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the participating agency.
009.03I3 Any explanation placed in the records of the child must:
009.03I3a Be maintained by the participating agency as part of the records of the child as long as the record or contested portion is maintained by the participating agency; and
009.03I3b If the records of the child or the contested portion is disclosed by the participating agency to any party, the explanation must also be disclosed to the party.
009.03J Consent for Release of Records
009.03J1 Parental consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies in accordance with 92 NAC 51-009.03H1 unless the information is contained in education records and the disclosure is authorized without parental consent under 34 CFR Part 99.
009.03J2 Except as provided in 92 NAC 51-009.03J3 and 009.03J4, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this Chapter.
009.03J3 Parental consent, or the consent of an eligible child who has reached the age of majority, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with 92 NAC 51-007.03A10b.
009.03J4 If a child is enrolled, or is going to enroll in a nonpublic school that is not located in the school district of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the school district where the nonpublic school is located and officials in the school district of the parent’s residence.
009.03K Safeguards
009.03K1 Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
009.03K2 One official at each participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.
009.03K3 All persons collecting or using personally identifiable information must receive training or instruction regarding the state's policies and procedures.
009.03K4 Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the participating agency who may have access to personally identifiable information.
009.03L Records Regarding Migratory Children with Disabilities
009.03L1 The school district or approved cooperative shall cooperate in the Federal Secretary of Education’s efforts under section 1413(a)(9) of the Individuals with Disabilities Education Act of 2004 (See Appendix A) to ensure the linkage of records pertaining to migratory children with a disability for the purpose of electronically exchanging among the States, health and education information regarding such children.
009.03M Retention and Destruction of Information and Records
009.03M1 The school district or approved cooperative shall retain special education records for five (5) years after the completion of the activities for which special education funds were used.
009.03M2 The school district or approved cooperative shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.
009.03M3 The information which is no longer necessary to provide educational services to the child, must be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.
009.04 Procedural Timelines
009.04A Each of the procedural steps necessary to provide a free appropriate public education shall be carried out within the specified time periods.
009.04A1 Referral, notice to parents (See 92 NAC 51-009.05), and parental consent, shall be completed within a reasonable period of time. The initial multidisciplinary team evaluation shall be completed within 45 school days of receiving parental consent for the evaluation.
009.04A1a The 45 school day timeline shall not apply to a school district or approved cooperative if:
009.04A1a(1) A child enrolls in a school served by the school district or approved cooperative after the relevant timeline in 92 NAC 51-009.04A1 has begun and prior to a determination by the child’s previous school district or approved cooperative as to whether the child is a child with a disability, but only if the subsequent school district or approved cooperative is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district or approved cooperative agree to a specific time when the evaluation will be completed; or
009.04A1a(2) The parent of a child repeatedly fails or refuses to produce the child for the evaluation.
009.04A2 Upon completion of a multidisciplinary team verification decision, school districts or approved cooperatives shall provide a reasonable notification and conduct an individualized education program conference within 30 calendar days.
009.04A3 As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with the child’s IEP.
009.05 Prior Written Notice
009.05A Prior written notice shall be given to the parents of a child with a disability a reasonable time before a school district or approved cooperative:
009.05A1 Proposes to initiate or change the identification, evaluation, or educational placement of a child or the provision of a free appropriate public education; or
009.05A2 Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child.
009.05B Such prior written notice shall include:
009.05B1 A description of the action proposed or refused by the school district or approved cooperative;
009.05B2 An explanation of why the school district or approved cooperative proposes or refuses to take the action;
009.05B3 A description of other options the IEP team considered and the reasons why those options were rejected;
009.05B4 A description of each evaluation procedure, assessment, record, or report the school district or approved cooperative uses as a basis for the proposal or refusal;
009.05B5 A description of any other factors which are relevant to the school district's or approved cooperative’s proposal or refusal;
009.05B6 A statement that the parents of a child with a disability have protection under the procedural safeguards of this Chapter and, if this notice is not an initial referral for evaluation, the means by which a copy or description of the procedural safeguards can be obtained; and
009.05B7 Sources for parents to contact to obtain assistance in understanding the provisions of this Chapter.
009.05C The notice must be written in language understandable to the general public, and provided in the native language of the parents or other mode of communication used by the parents unless it is clearly not feasible to do so.
009.05D If the native language or other mode of communication of the parents is not a written language, the school district or approved cooperative shall take steps to ensure:
009.05D1 That the notice is translated orally or by other means to the parents in his or her native language or other mode of communication;
009.05D2 That the parents understand the content of the notice; and
009.05D3 That there is written evidence that the requirements of this section have been met.
009.06 Procedural Safeguards Notice
009.06A A copy of the procedural safeguards available to the parents of a child with a disability shall be given by the school district or approved cooperative to the parents only one time a school year, except that a copy shall also be given to the parents:
009.06A1 Upon initial referral or parental request for evaluation;
009.06A2 Upon request by a parent;
009.06A3 Upon receipt by the school district or approved cooperative of the first occurrence of the filing of a complaint under 92 NAC 51-009.11 and the first occurrence of filing a special education due process case under 92 NAC 55; and
009.06A4 In accordance with the discipline procedures in 92 NAC 51-016.
009.06B The procedural safeguards notice shall include a full explanation of all of the procedural safeguards relating to:
009.06B1 Independent educational evaluation;
009.06B2 Prior written notice;
009.06B3 Parental consent;
009.06B4 Access to educational records;
009.06B5 Opportunity to present and resolve disputes through the due process hearings and the state complaint procedures including;
009.06B5a The time period in which to file a state complaint or petition for a due process hearing;
009.06B5b The opportunity for the school district or approved cooperative to resolve the dispute; and
009.06B5c The difference between the due process system and the state complaint procedures; including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures.
009.06B6 The child's placement during pendency of due process proceedings;
009.06B7 Procedures for students subject to placement in an interim alternative educational setting;
009.06B8 Requirements for unilateral placement by parents of children in nonpublic schools at public expense;
009.06B9 The availability of mediation;
009.06B10 Due process hearings, including requirements for disclosure of evaluation results and recommendations;
009.06B11 Civil actions, including the time period in which to file such actions; and
009.06B12 Attorney's fees.
009.06C The notice of the procedural safeguards provided to the parent must be written in language understandable to the general public and provided in the native language of the parent as required by 92 NAC 51-009.05C and 009.05D.
009.06D The school district or approved cooperative may place a current copy of the procedural safeguards notice on its Internet website if such website exists.
009.07 A parent of a child with a disability may elect to receive notices required under this section by an electronic mail (e-mail) communication, if the school district or approved cooperative makes such option available.
009.08 Parental Consent
009.08A Parental Consent for Initial Evaluations
009.08A1 The school district or approved cooperative proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under 92 NAC 51-003.08 must obtain informed consent, consistent with 92 NAC 51-003.09, from the parent of the child before conducting the evaluation.
009.08A2 Parental consent for initial evaluation must not be construed as consent for initial provision of special education and related services.
009.08A3 The school district or approved cooperative must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.
009.08A4 For initial evaluations only, if the child is a ward of the State and is not residing with the child’s parent, the school district or approved cooperative is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if:
009.08A4a Despite reasonable efforts to do so, the school district or approved cooperative cannot discover the whereabouts of the parent of the child;
009.08A4b The rights of the parents of the child have been terminated in accordance with the State law; or
009.08A4c The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
009.08A5 If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under 92 NAC 51-009.08A1 or the parent fails to respond to a request to provide consent, the school district or approved cooperative may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in 92 NAC 51-009 (including the mediation procedures or the due process procedures), if appropriate.
009.08A5a The school district or approved cooperative does not violate its obligation under 92 NAC 51-006 to locate and identify the child as a child with a disability if it declines to pursue the evaluation.
009.08B Consent for Services
009.08B1 A school district or approved cooperative that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.
009.08B1a Participation in or attendance at programs by children with verified disabilities from date of diagnosis to age five shall be voluntary as specified by the parent.
009.08B2 The school district or approved cooperative must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.
009.08B3 If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services the school district or approved cooperative:
009.08B3a May not use the procedures in 92 NAC 51-009, except the mediation procedures in 92 NAC 51-009.12, in order to obtain agreement or a ruling that the services may be provided to the child.
009.08B3b Will not be considered to be in violation of the requirement to make a Free Appropriate Public Education (FAPE) available to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent; and
009.08B3c Is not required to convene an IEP team meeting or develop an IEP under 92 NAC 51-007 for the child.
009.08B4 If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the school district or approved cooperative:
009.08B4a May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with 92 NAC 51-009.05 before ceasing the provision of special education and related services.
009.08B4b May not use the procedures in 92 NAC 51-009, except the mediation procedures in 92 NAC 51-009.12, in order to obtain agreement or a ruling that the services may be provided to the child.
009.08B4c Will not be considered to be in violation of the requirement to make a Free Appropriate Public Education (FAPE) available to the child because of the failure to provide the child with further special education and related services; and
009.08B4d Is not required to convene an IEP team meeting or develop an IEP under 92 NAC 51-007 for the child for further provision of special education and related services.
009.08C Consent for Reevaluations
009.08C1 Subject to 92 NAC 51-009.08C2, each school district or approved cooperative must obtain informed parental consent, in accordance with 92 NAC 51-009.08A1, prior to conducting any reevaluation of a child with a disability.
009.08C1a If the parent refuses to consent to the reevaluation, the school district or approved cooperative may, but is not required to, pursue the reevaluation by using the consent override procedures described in 92 NAC 51-009.08A5. The school district or approved cooperative does not violate its obligation to locate and identify the child as a child with a disability if it declines to pursue the evaluation or reevaluation.
009.08C2 The informed parental consent described in 92 NAC 51-009.08C1 need not be obtained if the school district or approved cooperative can demonstrate that:
009.08C2a It made reasonable efforts to obtain such consent; and
009.08C2b The child’s parent has failed to respond.
009.08D Other Consent Requirements
009.08D1 Parental consent is not required before:
009.08D1a Reviewing existing data as part of an evaluation or a reevaluation; or
009.08D1b Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.
009.08D2 A school district or approved cooperative may not use a parent’s refusal to consent to one service or activity under 92 NAC 51-009.08A, 92 NAC 51-009.08B or 92 NAC 51-009.08C to deny the parent or child any other service, benefit, or activity of the school district or approved cooperative, except as required by this Chapter.
009.08D3 If a parent of a child who is home schooled or placed in a nonpublic school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school district or approved cooperative may not use the consent override procedures (described in 92 NAC 51-009.08A5 and 009.08C1); and
009.08D3a The school district or approved cooperative is not required to consider the child as eligible for services under 92 NAC 51-015.
009.08D4 To meet the reasonable efforts requirement in 92 NAC 51-009.08A3, 009.08A4a, 009.08B2, and 009.08C2a, the school district or approved cooperative must document its attempts to obtain parental consent using the procedures in 92 NAC 51-007.06.
009.09 Consent and Insurance (see Section 012.09 for Use of Public Benefits or Insurance)
009.09A Children with Disabilities covered by Public Benefits or Insurance
009.09A1 Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with 92 NAC 51-009.09A2, school districts or approved cooperatives must obtain written, parental consent that:
009.09A1a Meets the requirements of 34 CFR §99.30 (FERPA) and 34 CFR §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under 34 CFR 300), and the agency to which the disclosure may be made (e.g., the State’s public benefits or insurance programs (e.g., Medicaid)); and
009.09A1b Specifies that the parent understands and agrees that the school district or approved cooperative may access the parent’s or child’s public benefits or insurance to pay for services under this Chapter.
009.09A2 Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, the school district or approved cooperative must provide written notification, consistent with 92 NAC 51-009.05C and 009.05D, to the child’s parents, that includes:
009.09A2a A statement of the parental consent provisions in 92 NAC 51-009.09A1a and 009.09A1b of this section;
009.09A2b A statement of the “no cost” provisions in paragraphs 92 NAC 51-012.09B1 through 012.09B3;
009.09A2c A statement that the parents have the right under 34 CFR Part 99 and Part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and
009.09A2d A statement that the withdrawal of consent or refusal to provide consent under 34 CFR Part 99 and Part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the school district or approved cooperative of its responsibility to ensure that all required services are provided at no cost to the parents.
009.09B Children with Disabilities covered by Private Insurance
009.09B1 With regard to services required to provide FAPE to an eligible child under this Chapter, a school district or approved cooperative may access the parents’ private insurance proceeds only if the parents provide consent consistent with 92 NAC 51-003.09.
009.09B2 Each time the school district or approved cooperative proposes to access the parent’s private insurance proceeds, the school district or approved cooperative must:
009.09B2a Obtain parental consent in accordance with 92 NAC 51-009.09B1; and
009.09B2b Inform the parents that their refusal to permit the school district or approved cooperative to access their private insurance does not relieve the school district or approved cooperative of its responsibility to ensure that all required services are provided at no cost to the parents.
009.10 Appointment of Surrogates
009.10A Each school district or approved cooperative shall ensure that the rights of a child with a disability are protected if:
009.10A1 No parent can be identified;
009.10A2 The school district or approved cooperative, after reasonable efforts, cannot locate a parent;
009.10A3 The child is an unaccompanied homeless youth; or
009.10A4 The child is a ward of the State or court.
009.10A4a In the case of a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements in 92 NAC 51-009.10D3.
009.10B The duty of the school district or approved cooperative under 92 NAC 51-009.10A includes the assignment of an individual to act as a surrogate for the parents. This must include a method;
009.10B1 For determining whether a child needs a surrogate parent and,
009.10B2 For assigning a surrogate parent to the child.
009.10C The school district or approved cooperative may select a surrogate parent in any way permitted under State law and the district or approved cooperative shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 calendar days after there is a determination that the child needs a surrogate.
009.10D In order to qualify, a surrogate must be a person who:
009.10D1 Has no personal or professional interest that conflicts with the interest of the child he or she represents;
009.10D2 Has knowledge and skills that ensure adequate representation of the child; and
009.10D3 Is not an employee of any public agency which is involved in the education or care of the child. A person who otherwise qualifies to be a surrogate parent is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.
009.10D3a In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to 92 NAC 51-009.10D3, until a surrogate parent can be appointed that meets all the requirements of 92 NAC 51-009.10D.
009.10E The surrogate may represent the child in all matters relating to:
009.10E1 The identification, evaluation, and educational placement of a child; and
009.10E2 The provision of a free appropriate public education to the child.
009.10F The services of the surrogate parent shall be terminated when:
009.10F1 The child is no longer eligible for a surrogate parent under 92 NAC 51-009.10A;
009.10F2 A conflict of interest develops between the interest of the child and the interest of the surrogate parent; or
009.10F3 The surrogate parent fails to fulfill his or her duties as a surrogate parent.
009.10G Issues arising from the selection, appointment, or removal of a surrogate parent shall be resolved through hearings established under 92 NAC 55.
009.10H The surrogate parent and the school district or approved cooperative which appointed the surrogate parent shall not be liable in civil actions for damages for acts of the surrogate parent unless such acts constitute willful and wanton misconduct.
009.11 State Complaint Procedures
009.11A An organization or individual may file a signed written complaint under the procedures described in 92 NAC 51-009.11B.
009.11B The complaint must include:
009.11B1 A statement that the public agency has violated a requirement of 92 NAC 51, 34 CFR 300 or Part B of the IDEA;
009.11B2 The facts on which the statement is based;
009.11B3 The signature and contact information for the complainant; and
009.11B4 If alleging violations with respect to a specific child –
009.11B4a The name and address of the residence of the child;
009.11B4b The name of the school the child is attending;
009.11B4c In the case of a homeless child or youth within the meaning of section 725(2C) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2), available contact information for the child, and the name of the school the child is attending;
009.11B4d A description of the nature of the problem of the child, including facts relating to the problem; and
009.11B4e A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
009.11B5 The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with 92 NAC 51-009.11.
009.11B6 The party filing the complaint must forward a copy of the complaint to the school district or approved cooperative serving the child at the same time the party files the complaint with Nebraska Department of Education Office of Special Education.
009.11C If a complaint meeting the requirements of 92 NAC 51-009.11B is received, the following procedures will be carried out:
009.11C1 Within fourteen (14) calendar days of receipt of the written, signed complaint, an assigned Office of Special Education official shall notify in writing each complainant and the school district or approved cooperative against which the violation has been alleged, that the complaint has been received. This written notification shall include a copy of the complaint and the substance of the alleged violation. The school district or approved cooperative shall have fourteen (14) calendar days to submit a written response.
009.11C2 Office of Special Education officials will provide the school district or approved cooperative with the opportunity to respond to the complaint, including, at a minimum:
009.11C2a At the discretion of the school district or approved cooperative, a proposal to resolve the complaint; and
009.11C2b An opportunity for a parent who has filed a complaint and the school district or approved cooperative to voluntarily engage in mediation consistent with 92 NAC 51-009.12.
009.11C3 Office of Special Education officials will investigate each complaint received from an individual or organization (including an individual or organization from another state) to determine whether there has been a failure to comply with this Chapter and may require further written or oral submission of information by all parties and may conduct an independent on-site investigation if necessary. The complainant will have the opportunity to submit additional information either orally or in writing, about the allegation.
009.11C4 Within sixty (60) calendar days of receipt of a signed written complaint, the Department of Education Office of Special Education will review all relevant information and provide written notification of findings of facts and conclusions and the basis for such findings to all parties involved.
009.11C5 An extension of the time limit in 92 NAC 51-009.11C4 will be permitted only if:
009.11C5a Exceptional circumstances exist with respect to a particular complaint; or
009.11C5b The parent and the school district or approved cooperative involved agree to extend the time to engage in mediation or to engage in other alternative means of dispute resolution.
009.11C6 If it is determined there has been a failure to comply, there will be included in the notification of findings the specific steps which must be taken by the school district or approved cooperative to bring the school district or approved cooperative into compliance, including technical assistance, negotiations and corrective actions necessary to achieve compliance. The notification shall also set forth a reasonable period of time to voluntarily comply.
009.11C7 If the school district or approved cooperative does not demonstrate compliance within the period of time set forth in the notice of findings, the matter will be subject to the procedures outlined in 92 NAC 51-004.09.
009.11C8 If a written complaint is received that is also the subject of a due process hearing under 92 NAC 55, or contains multiple issues of which one or more are part of that hearing, the Office of Special Education officials shall set aside any part of the state complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the state complaint that is not a part of the due process action must be resolved using the time limit and procedures described in 92 NAC 51-009.11.
009.11C9 If an issue is raised in a complaint filed under 92 NAC 51-009.11 that has previously been decided in a due process hearing involving the same parties:
009.11C9a The hearing decision is binding; and
009.11C9b The Nebraska Department of Education must inform the complainant to that effect.
009.11C10 A complaint alleging a school district's or approved cooperative’s failure to implement a due process decision must be resolved by the Nebraska Department of Education.
009.12 Mediation
009.12A School districts or approved cooperatives shall implement the procedures established in Section 009 to allow parties to resolve disputes involving any matter arising under this Chapter or Part B of the IDEA including matters arising prior to the filing of a due process hearing petition or through a mediation process .
009.12A1 The procedures for seeking mediation initiated by either the parent(s) or school district or approved cooperative include:
009.12A1a Contacting the Nebraska Office of Dispute Resolution who will
009.12A1b Arrange a meeting, invite both parties and conduct the mediation in an attempt to resolve the dispute.
009.12B The procedures shall ensure that the mediation process:
009.12B1 Is voluntary on the part of the parties;
009.12B2 Is not used to deny or delay a parent's right to a due process hearing under 92 NAC 55, or to deny any other rights afforded under this Chapter; and
009.12B3 Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
009.12C The school district or approved cooperative may implement the procedures in Section 009 to offer parents and schools or approved cooperatives that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with:
009.12C1 A parent training and information center or community parent resource center in this State established under Section 671 or 672 of the IDEA, or
009.12C2 An appropriate alternative dispute resolution entity to encourage the use, and explain the benefits of the mediation process to the parents.
009.12D The Nebraska Department of Education shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services for use by school districts, approved cooperatives, and parents.
009.12E The Nebraska Department of Education shall bear the cost of the mediation process, including the costs of meetings described in 92 NAC 51-009.12C.
009.12F Each session in a mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
009.12G In the case that a resolution is reached to resolve the complaint through the mediation process, the parties shall execute a legally binding agreement that sets forth such resolution and that:
009.12G1 States that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;
009.12G2 Is signed by both the parent and a representative of the agency who has the authority to bind such agency; and
009.12G3 Is enforceable in any State court of competent jurisdiction or in a district court of the United States.
009.12H Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings of any federal court or state court of a state receiving assistance under Part B of the IDEA as amended in 2004.
009.12I An individual who serves as a mediator under this Chapter:
009.12I1 May not be an employee of:
009.12I1a The Nebraska Department of Education or of the school district or approved cooperative that is involved in the education or care of the child; or
009.12I1b An agency that is providing direct services to a child who is the subject of the mediation process; and
009.12I1c Must not have a personal or professional interest that conflicts with the person’s objectivity.
009.12I2 A person who otherwise qualifies as a mediator is not an employee of a school district or approved cooperative or the Nebraska Department of Education solely because he or she is paid by the agency to serve as a mediator.
009.13 Resolution Process
009.13A Resolution Meeting
009.13A1 Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under 92 NAC 55, the school district or approved cooperative must convene a meeting with the parent and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process complaint that:
009.13A1a Includes a representative of the school district or approved cooperative who has decision-making authority on behalf of that school district or approved cooperative; and
009.13A1b May not include an attorney to the school district or approved cooperative unless the parent is accompanied by an attorney.
009.13A2 The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the school district or approved cooperative has the opportunity to resolve the dispute that is the basis for the due process complaint.
009.13A3 The meeting described in 92 NAC 51-009.13A1 and 009.13A2 need not be held if:
009.13A3a The parent and the school district or approved cooperative agree in writing to waive the meeting; or
009.13A3b The parent and the school district or approved cooperative agree to use the mediation process described in 92 NAC 51-009.12.
009.13A4 The parent and the school district or approved cooperative determine the relevant members of the IEP team to attend the meetings.
009.13B Resolution Period
009.13B1 If the school district or approved cooperative has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.
009.13B2 Except as provided in this section, the timeline for issuing a final decision begins at the expiration of this 30-day period.
009.13B3 Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding 92 NAC 51-009.13B1 and 009.13B2, the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.
009.13B4 If the school district or approved cooperative is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented using the procedures in 92 NAC 51-007.06D), the school district or approved cooperative may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent’s due process complaint.
009.13B5 If the school district or approved cooperative fails to hold the resolution meeting specified in 92 NAC 51-009.13A within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.
009.13C Adjustments to the 30-day Resolution Period
009.13C1 The 45-day timeline for the due process hearing starts the day after one of the following events:
009.13C1a Both parties agree in writing to waive the resolution meeting;
009.13C1b After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible.
009.13C1c If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or the school district or approved cooperative withdraws from the mediation process.
009.13D Written Settlement Agreement
009.13D1 If a resolution to the dispute is reached at the meeting described in 92 NAC 51-009.13A1 and 009.13A2, the parties must execute a legally binding agreement that is:
009.13D1a Signed by both the parent and a representative of the school district or approved cooperative who has the authority to bind the school district or approved cooperative; and
009.13D1b Enforceable in any State court of competent jurisdiction or in a district court of the United States.
009.13E Agreement Review Period
009.13E1 If the parties execute an agreement pursuant to 92 NAC 51-009.13D, a party may void the agreement within 3 business days of the agreement’s execution.
009.14 Special Education Due Process Hearings
009.14A Whenever a due process complaint has been received under 92 NAC 55 or Section 016 of this Chapter, the parents or the school district or approved cooperative shall have an opportunity for an impartial due process hearing consistent with the procedures in 92 NAC 55 and 92 NAC 51-009.13.
009.14B A parent or a school district or approved cooperative may initiate a hearing on any of the matters described in 92 NAC 51-009.05A relating to the identification, evaluation or educational placement of the child with a disability, or the provision of FAPE to the child by filing a petition pursuant to 92 NAC 55.
009.14C When a hearing is initiated under 92 NAC 55, the school district or approved cooperative shall inform the parents of the availability of mediation described in 92 NAC 51-009.12.
009.14D The school district or approved cooperative shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or if the parent or the school district or approved cooperative initiates a hearing under 92 NAC 55.
009.14E Any party to a due process hearing has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities.
010 Qualifications of Special Education Personnel for Program Approval and Reimbursement
010.01 School districts and approved cooperatives shall ensure that all personnel necessary to carry out this Chapter are appropriately and adequately prepared and trained including that those personnel have the content knowledge and skills to serve children with disabilities, subject to the requirements of Section 2122 of the Elementary and Secondary Education Act of 1965.
010.01A Instructional personnel shall hold valid Nebraska Department of Education certification, be endorsed in the assigned area. Instructional personnel may serve children with visual impairments and children with hearing impairments in a multicategorical program if the instructional personnel have attended training approved by the Department of Education or have received consultation from an individual endorsed in the area of visual hearing impairments. This section does not apply to individuals providing inservice.
010.01B Each person employed as a special education teacher who teaches elementary school, middle school, or secondary school shall be a teacher meeting IDEA 2004 criteria as defined in 92 NAC 51-003.62.
010.01C School districts or approved cooperatives shall take measurable steps to recruit, hire, train, and retain teachers meeting IDEA 2004 criteria to provide special education and related services.
010.01C1 School districts and approved cooperatives shall make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of the IDEA.
010.01D Approvable endorsements for program approval and reimbursement shall include:
| | Categorical Assignment | NDE Approvable Endorsement | | --- | --- | --- | | 010.01D1 | Adaptive Physical Education | Adaptive Physical Education | | 010.01D2 | Autism | Special Education Functional Academic Skills and Independent Living Specialist Special Education Special Education Inclusion and Collaboration Specialist Special Education Behavior Intervention Specialist Speech-Language Pathologist | | 010.01D3 | Emotional Disturbance | Special Education Behavior Intervention Specialist Special Education | | 010.01D4 | Deaf-Blindness | Special Education Visual Impairment Special Education Functional Academic Skills and Independent Living Specialist | | 010.01D5 | Diagnostic Services | School Psychologist Audiologist Speech-Language Pathologist or any special education endorsement | | 010.01D6 | Early Childhood Special Education in Home and Centerbased Programs for Children Birth-Age Five | Early Childhood plus any Special Education Early Childhood Inclusive Special Education Early Childhood Special Education Special Education Early Intervention Specialist | | 010.01D7 | Hearing Impairments | Deaf or Hard of Hearing | | 010.01D8 | Home (School Age) and Hospital (Birth to 21) Services | Any Teaching endorsement | | 010.01D9 | Home-School Liaison | Any special education endorsement School Counselor | | 010.01D10 | Intellectual Disability | Special Education | | 010.01D11 | Multicategorical Programs | Instructional personnel serving students in a multicategorical program shall be considered to be endorsed in the assigned area if an endorsement is held in at least one of the disability categories served | | 010.01D12 | Multiple Disabilities | Special Education Functional Academic Skills and Independent Living Specialist | | 010.01D13 | Orthopedic Impairments | Special Education | | 010.01D14 | Program Supervision | Administrative or Supervisory certificate and at least one Special Education endorsement or any Special Education Administrative or Supervisory certificate | | 010.01D15 | Learning Disabilities | Special Education Inclusion and Collaboration Specialist Special Education | | 010.01D16 | Speech-Language Impairments | Speech-Language Pathologist | | 010.01D17 | Substitute Teacher | Any Teaching certificate | | 010.01D18 | Traumatic Brain Injury | Special Education Functional Academic Skills and Independent Living Specialist Special Education Special Education Behavior Intervention Specialist Speech-Language Pathologist Special Education Inclusion and Collaboration Specialist | | 010.01D19 | Visual Impairment | Special Education Visual Impairment | | 010.01D20 | Work Study Program or Transition Program | Any special education endorsement School Counselor Vocational Special Needs Cooperative Education – Diversified Occupations Secondary Transition Specialist |
010.02 For purposes of 92 NAC 51-010.01D5, 010.01D14 and 010.01D20 “special education endorsement” shall include any approvable endorsement under 92 NAC 51-010.01D except 010.01D8, 010.01D17 and excluding the specific endorsements of guidance and counseling, educational audiologist, vocational special needs, cooperative education diversified occupations and special services certificate for school transition specialist.
010.03 Related Services Personnel and Paraprofessionals
010.03A Related services personnel and paraprofessionals shall hold any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services.
010.03B Related services personnel who deliver services in their discipline or profession shall not have had certification or licensure requirements waived on an emergency, temporary, or provisional basis.
010.03C Paraprofessionals shall be appropriately trained and supervised by qualified special education personnel to be used to assist in the provision of special education and related services under this Chapter.
010.03D A paraprofessional shall not teach, as defined in Neb. Rev. Stat. §79-101.12.
010.04 Personnel providing special education services who do not hold Department of Education certification and endorsement, shall be licensed by the appropriate State of Nebraska Board of Examiners.
010.05 Personnel employed by approved service agencies shall be certified by the Department of Education or shall hold the credential or training required by the licensing standard under which the service providers operate.
010.06 Qualified Educational Sign Language Interpreters
010.06A In order to be a qualified educational sign language interpreter for the purposes of 92 NAC 51-010.06, an individual must have a high school diploma, high school equivalency diploma or higher, and meet the requirements of 92 NAC 51-010.06A1 or 010.06A2:
010.06A1 Receive a passing score on the EIPA written exam, and attain and maintain one or more of the following competency levels as measured by the following assessments:
010.06A1a Educational Interpreter Performance Assessment (EIPA), Competency level 4.0 or above
010.06A1b Registry of Interpreters of the Deaf Certification (RID)
010.06A1c National Association of the Deaf (NAD) Competency level 4.0 or above
010.06A1d National Interpreter Certification (NIC)
010.06A1e Quality Assurance Screening Test (QAST) Competency level 4.0
010.06A2 Educational interpreters providing sign language interpreter services in a school district or approved cooperative for two consecutive school years immediately prior to the effective date of this Rule shall be considered qualified educational sign language interpreters if:
010.06A2a the individual has attained a competency level of 3.5 or higher on the EIPA, and
010.06A2b the individual has met the requirements of 92 NAC 51-010.06F.
010.06B Subject to the exceptions in 92 NAC 51-010.06C, and 010.06D, school districts and approved cooperatives shall ensure that all sign language interpreters employed by such school districts or approved cooperatives to provide special education services are qualified educational sign language interpreters who meet the competency requirements in 92 NAC 51-010.06A.
010.06C If the school district or approved cooperative is unable to find a qualified educational sign language interpreter who meets the requirements of 92 NAC 51-010.06A, the school district or approved cooperative may employ for up to one year an interpreter who has received a “Skills at or above the required level” or a “Hire with Caution” on the EIPA pre-hire screening.
010.06D If a school district or approved cooperative is unable to find a qualified educational sign language interpreter who meets the requirements of 92 NAC 51-010.06A, the school district or approved cooperative may employ an interpreter who demonstrates the minimum competency level of 3.0 on the EIPA, NAD or QAST. The school district or approved cooperative must require that the interpreter participate in a professional development plan designed to improve his or her skills and enable him or her to become a qualified educational sign language interpreter . The plan shall include at least 40 clock hours of training in interpreting per year (August 1 to July 31). The plan shall be approved by the Regional Program State Coordinator. The Regional Program State Coordinator and the school district or approved cooperative must monitor completion of the professional development plan.
010.06E If an interpreter does not complete the requirements specified in 92 NAC 51-010.06D, the school district or approved cooperative must reopen the position and seek a qualified educational sign language interpreter.
010.06F School districts and approved cooperatives shall require that all sign language interpreters employed by the school districts or approved cooperatives to deliver special education services submit evidence to the school district or approved cooperative of having obtained 24 clock hours of professional development every two years (August 1-July 31). This should include at least 18 hours of training related to sign language interpreting. The remaining six hours of training can be in any of the following areas: history, psychology and sociology of the Deaf and hard of hearing; child development; language development; curriculum development; methods of instruction; interpreting for students who are deaf-blind; legal and ethical issues for educational interpreters.
010.06G If a sign language interpreter cannot provide the evidence required in 92 NAC 51-010.06F of the professional development, the school district or approved cooperative shall require that the sign language interpreter be retested and achieve the applicable competency level specified in 92 NAC 51-010.06A, 010.06C, or 010.06D.
010.07 Notwithstanding any other individual right of action that a parent or student may maintain under this Chapter, nothing in this section or Chapter shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a school district or approved cooperative employee to meet IDEA 2004 criteria or to prevent a parent from filing a complaint about staff qualification pursuant to Section 009 of this Chapter.
011 School District Budget Development and Reimbursement Process for School Age Programs
011.01 General Information
011.01A The special education assurances and flexible funding application of a school district and approved cooperative shall be submitted electronically via the NDE website to the Office of Special Education. Any amendment to the assurances and flexible funding application shall be subject to the same review as the initial assurances and flexible funding application.
011.01A1 The fiscal year for school age special education programs shall be September 1 to August 31.
011.01B The allowable and reimbursable costs for special education services are restricted to the following items, which shall be documented and are subject to audit;
011.01B1 Salaries of special education personnel as per 92 NAC 51-010 and clerical personnel directly associated with special education services;
011.01B2 School district or approved cooperative share of fringe benefits for the special education staff:
011.01B2a Fringe benefits shall be limited to social security, retirement programs, workers' compensation, health, life, long term disability, and unemployment insurance.
011.01B3 Inservice costs directly related to the special education programs provided that:
011.01B3a Allowable inservice expenditures are costs directly related to special education programs. Allowable activities must be designed to contribute to the professional growth and competence of staff serving children with a disability and their parents through workshops, demonstrations, and school visits. Tuition and expenses of attending special education courses for college credit are not allowed.
011.01B3b Allowable costs include: presenter fees and expenses; mileage; board and room of staff to attend inservice programs; costs of substitutes for staff attending inservice programs; cost of inservice programs which directly assist special and regular educators in providing appropriate programs for children with a verified disability in their classrooms; and costs of special education workshop attendance.
011.01B3c Costs of attending meetings conducted by organizations where only organizational business is conducted is not an allowable reimbursable expense.
011.01B4 Travel costs incurred by the school district or approved cooperative in delivering the special education programs including costs for:
011.01B4a Children attending nonpublic schools who are required to leave the nonpublic school to receive special education and related services; and
011.01B4b Children who are assigned to more than one attendance center to receive special education.
011.01B5 Travel costs incurred by parents to attend educational planning meetings held outside the resident district which are necessary to provide a free appropriate public education or to visit their child who is assigned to a residential program outside the district as agreed upon through the IEP process.
011.01B6 Costs of transporting children with a disability which are authorized under Neb. Rev. Stat. §79-1129 and Section 014 are budgeted and claimed separately;
011.01B7 Instructional equipment including assistive technology devices and equipment, supplies and publications necessary to aid the child in accomplishing the goals and objectives of the individual education program (IEP) are allowable reimbursable costs under this Chapter. The equipment, supplies, and publications shall be used by the child in association with the implementation of the child’s IEP or evaluation. This shall also include equipment, supplies, and publications used by staff when instructing a child with a verified disability; when evaluating a child who is suspected of having a disability; or when reevaluating a child with a verified disability. Allowable and reimbursable costs shall include printing, publication and postage costs that are necessary to carry out the provisions of this Chapter. This shall not include equipment, supplies, and publications used by staff for administrative purposes. This shall not include personal equipment and supplies or life support equipment. When equipment is used for purposes other than for special education, the school district or approved cooperative shall only claim the applicable prorated portion for special education payment.
011.01B8 Those contracted special education services in which children with a disability are served by a service agency whose special education programs and rates have been approved by the Department of Education; and
011.01B9 Costs of acquisition (purchase, lease, lease-purchase), renovation and operation of a mobile unit(s) (i.e., trailers, mobile homes, vans, or any combination thereof) used, or to be used, as mobile learning centers for delivery of special education services to any eligible children with a disability. Reimbursement shall be subject to approval by the Nebraska Department of Education and shall be based on allowable depreciation and reimbursement as per Section 014.
011.01B9a The maximum number of mobile units a school district or approved cooperative may purchase shall be based on the total enrollment of both public and nonpublic schools as per the following schedule:
011.01B9a(1) 1 to 10,000 total enrollment for the maximum purchase of one (1) mobile unit;
011.01B9a(2) 10,001 to 20,000 total enrollment for the maximum purchase of two (2) mobile units;
011.01B9a(3) 20,001 to 30,000 total enrollment for the maximum purchase of three (3) mobile units;
011.01B9a(4) 30,001 to 40,000 total enrollment for the maximum purchase of four (4) mobile units;
011.01B9a(5) 40,001 to 50,000 total enrollment for the maximum purchase of five (5) mobile units; and
011.01B9a(6) all districts with an enrollment exceeding 50,001 for the maximum purchase of six (6) mobile units.
011.01B10 Costs for support services, as defined in Neb. Rev. Stat. §79-1125.01 and 92 NAC 51-003.60, identified in 92 NAC 51-011.05 as the Flexible Funding Option.
011.01C The adjusted average per pupil cost of the preceding year or a portion of that cost shall be calculated according to the following criteria:
011.01C1 For Level I special education services the school district is considered to have expended its adjusted average per pupil cost for each child with a disability who participates in a special education support service(s) for an aggregate of not more than three hours per week.
011.01C2 For Level II special education classroom services in which a child with a disability participates more than an aggregate of three hours per week, the school district shall pay that portion of the adjusted average per pupil cost for that portion of the instructional time devoted to the special education activity;
011.01C3 For Level III special education contractual services the school district shall pay an amount equal to the average per pupil cost (program per pupil cost) of the service agency of the preceding year to the agency providing the educational program for each child with a disability. In deriving allowable excess cost, the district shall deduct its adjusted average per pupil cost from the cost of the program contracted from the service agency;
011.01C4 When a school district or approved cooperative provides or contracts for a summer school special education program for a child with a verified disability, the cost of such program will be considered for allowable excess cost reimbursement if the child’s needs for such program can be verified by review of the IEP.
011.01D Student Special Education Full Time Equivalency (FTE) shall be determined by calculating the percent of aggregate time a child receives special education and related services. In calculating student special education full-time equivalency, time spent in transportation, extended school day and extended school year services are excluded from the aggregate time.
011.01D1 The aggregate amount of a child’s special education FTE includes:
011.01D1a The amount of time the child spends in a separate setting other than the regular classroom; and
011.01D1b The amount of time the child with a disability spends in the regular classroom receiving instruction as indicated in the child’s IEP from special education staff.
011.01D2 Full-time equivalency (FTE) is calculated each year.
011.02 General Limitation in Budget Development
011.02A Only children with verified disabilities shall receive special education services. This shall include the initial evaluation of a child with a suspected disability, regardless of the outcome of the verification decision. (See Section 006.) Budget development may also include those children receiving support services as defined in 92 NAC 51-003.60.
011.02B Age limits
011.02B1 School age budgets shall be limited to those children with disabilities from age five through the school year in which the child reaches age twenty-one and those children receiving support services as defined in 92 NAC 51-003.60.
011.02B2 A child is age five if that child has reached the age of five years or will reach such an age on or before July 31 of the current school year.
011.02B3 A school district or approved cooperative is eligible for reimbursement for a child’s special education program until the end of the school year in which his or her twenty-first birthday occurs.
011.02C Administration and Supervision
011.02C1 Supervision of special education programs is an allowable expenditure for up to an amount not to exceed 8% of the school district's or approved cooperative's allowable school age program costs, minus the cost of program supervision. Administration and supervision includes clerical costs directly associated with the supervision of special education programs.
011.02C2 The cost of a superintendent or principal, hired for the purpose of supervising general education, shall not be included in allowable excess cost for special education.
011.02D Related services for a child with a verified disability are reimbursable if the services are listed in the IEP and are necessary for the achievement of educational goals as stated in the IEP.
011.02E Any program that provides residential care shall show the costs of such care separately from the costs of the education program. (See 92 NAC 53.)
011.03 Budget Development for Levels I, II, III
011.03A Level I Special Education Services
011.03A1 The expenditures for Level I (not more than an aggregate of three hours per child per week) special education service programs shall be considered for allowable excess cost reimbursement under the following conditions:
011.03A1a The programs are owned and operated by the school district or approved cooperative and the expenditures are within the allowable categories as stated in Section 011; and
011.03A1b The reimbursement to a school district or approved cooperative contracting for Level I services shall be limited to the rates approved by Commissioner or designee.
011.03B Level II Special Education Services
011.03B1 The expenditures for Level II (more than an aggregate of three hours per child per week) special education services shall be considered for allowable excess cost reimbursement under the following conditions:
011.03B1a The school district or approved cooperative has documented and contributed the portion (total or prorated amount for a full day program) of the adjusted average per pupil cost into the program; and
011.03B1b The expenditures are within the allowable categories as stated in Section 011.
011.03C Level III Special Education Contractual Services
011.03C1 The school district or approved cooperative may contract for any or all special education programs with approved service agencies.
011.03C1a Those school districts or approved cooperatives contracting for services shall have the service agency specify the cost for each service being provided by the service agency. Reimbursement to such school districts or approved cooperatives shall be limited to the NDE approved rates and the amount of time such services were provided to children with verified disabilities.
011.04 Final Financial Reports
011.04A General Procedures
011.04A1 Excess cost shall mean the difference between (1) the total allowable cost of the special education programs excluding residential care, and (2) the number of children (full time equivalency) in the special education program multiplied by the adjusted average per pupil cost of the resident school district of each child for the preceding year.
011.04A2 Each school district shall determine an adjusted average per pupil cost.
011.04A2a The adjusted average per pupil cost is to be determined by subtracting those eligible special education expenditures which were included as costs from the total instructional expenditures shown on the Total Instruction line of the district's Annual Financial Report for the previous school year. Divide the result by the total ADM (Average Daily Membership) as reported in the Annual Financial Report for the same year.
011.04B Payments
011.04B1 Payments shall be made by the Nebraska Department of Education to the school district of residence, cooperative of school districts, or educational service unit each year in a minimum of seven payments between the fifth and twentieth day of each month beginning in December. Additional payments may be made based upon additional valid claims submitted. Such payments will be based upon the final financial reports submitted on forms or in a manner prescribed by the Office of Special Education which shall include the following:
011.04B1a Allowable expenditures for the preceding school fiscal year including any costs for the Flexible Funding Option.
011.04B1b A list of all special education personnel and their FTE;
011.04B1c Tuition received from contracts and other sources;
011.04B1d Certification of authorized officer of the school board or authorized official of an approved cooperative that the reported expenditures have been paid;
011.04B1e A copy of the billings from the service agencies for contracted programs; and
011.04B1f Student Special Education Full Time Equivalency as defined by 92 NAC 51-011.01D for Level II and Level III students.
011.04B2 Such final financial reports shall be submitted electronically via the NDE website to the Department of Education on or before October 31 of each year for the preceding school fiscal year.
011.04B3 A school district or approved cooperative reimbursed for ineligible expenditures, shall be required to return to the Department of Education the amount determined to be ineligible or the amount shall be deducted from subsequent special education payments.
011.04B4 The Department of Education shall withhold any reimbursement provided under Neb. Rev. Stat. §79-1142, to school districts or approved cooperatives which, after final determination by the Department of Education, received funds in excess of the determined allocation for the previous year. Payments which are withheld shall be no greater than the amount of overpayment. The Department of Education shall maintain an accurate account and a record of the reasons for such overpayments and the manner in which adjustments were made.
011.04B5 Supplementary amendments to any school age final financial report previously approved by the Office of Special Education may be submitted to the Office of Special Education for review and approval within three years of the original due date. Approved amendments may be submitted by the Department of Education to the Legislature for consideration of a supplemental appropriation.
011.04C Determination and Scheduling of Payments
011.04C1 For special education and support services provided, the Nebraska Department of Education shall reimburse each school district in the following school fiscal year a pro rata amount determined by the State Board of Education from appropriations for special education approved by the Legislature and based on allowable excess costs for all special education programs and support services. Cooperatives of school districts or educational service units shall also be eligible for reimbursement for cooperative programs pursuant to this subsection if such cooperatives or educational service units have complied with the reporting and approval requirements of Neb. Rev. Stat. §79-1155 for cooperative programs which were offered the preceding year.
011.04C2 The amount appropriated by the Legislature for special education programs including support services (Flexible Funding Option) shall be the basis for reimbursement. Payments authorized by Neb. Rev. Stat. §79-1142 shall be made only to a school district or approved cooperative.
011.04C3 Whenever there are due dates specified in this Chapter for submission of required documents, the appropriate items shall be submitted to the Department of Education, Office of Special Education on those dates.
011.04C4 All reports required by this Chapter for submission by school districts and approved cooperatives shall be made in accordance with 92 NAC 51-011.04C3. Failure to do so will result in the implementation of the procedures specified in 92 NAC 51-004.14.
011.05 Flexible Funding projects are optional for school districts or approved cooperatives and are intended for students not identified or verified for special education services but who demonstrate a need in the general curriculum. A school district or approved cooperative choosing to exercise the Flexible Funding Option must submit an application containing a narrative and proposed budget. Proposals shall be submitted electronically via the NDE website to the Nebraska Department of Education, Office of Special Education.
011.05A As part of the Flexible Funding Option Application, the narrative shall describe the support services designed for the targeted student subgroup who would benefit from preventative support services within the context of the general curriculum. The narrative must include:
011.05A1 An estimate of the annual number of students to be served;
011.05A2 The process(es) used in identifying the intended target student subgroup;
011.05A3 Methodology to be used including but not limited to:
011.05A3a The strategies and interventions to be applied;
011.05A3b The staff development activities to be funded for carrying out activities described in the proposal;
011.05A3c The intended student outcomes resulting from implementation;
011.05A3d How the proposed services are different from services currently available to the targeted student subgroup;
011.05A3e The proposed annual measurements that will be used to document changes in student performance; and
011.05A3f If the proposal is linked to school district or building level school improvement activities, information describing the relationship to the School Improvement Action Plan; and
011.05A4 The name of the person(s) responsible for proposal implementation as well as a mailing address, e-mail, fax and phone number.
011.05B Flexible Funding Option Reimbursement
011.05B1 Reimbursement for support services as defined in 92 NAC 51-003.60 shall be limited to a percentage established by the State Board of Education not to exceed ten percent of the school district's or approved cooperative's total allowable reimbursable cost for all special education programs and support services.
011.05B2 Costs shall be limited to allowable costs as defined in Section 011 and the cost of salary and fringe benefits of general education staff providing support services.
011.05B3 Payments will be based upon the costs reported in the Final Financial Report and contingent upon completion and approval of a final report containing actual project costs and a report of student progress including the requirements of 92 NAC 51-012.07D. Payments will be made at the same percentage rate as for all special education reimbursement.
011.05C The fiscal year for the Flex Funding Option shall be September 1 to August 31.
011.06 Ward of the State or Court With a Disability
011.06A When a ward of the state or court has been placed in a school district other than the district in which he or she resided at the time he or she became a ward and such ward does not reside in a foster family home licensed or approved by the Department of Health and Human Services or a foster home maintained or used by the Department of Correctional Services pursuant to Neb. Rev. Stat. §83-108.04 or has been placed in any institution which maintains a special education program which has been approved by the Nebraska Department of Education and such institution is not owned or operated by the district in which the student resided at the time the student became a ward, the cost of his or her education and the required transportation costs associated with the child's education shall be paid by the Nebraska Department of Health and Human Services under rules and regulations prescribed by the Department of Health and Human Services and the student remains a resident of the district in which the student resided at the time he or she became a ward. Any student who is a ward of the state or court who resides in a foster family home licensed or approved by the Department of Health and Human Services or a foster home maintained or used by the Department of Correctional Services pursuant to Neb. Rev. Stat. §83-108.04 is a resident of the district in which the student resided at the time the student became a foster child, unless it is determined under Neb. Rev. Stat. §§43-1311 or 43-1312 that the student will not attend such district in which case the student shall be deemed a resident of the district in which the foster family home or foster family is located and shall be claimed in the final financial report of the school district or approved cooperative in which the foster family home or foster home is located.
012 School District or Approved Cooperative Application and Payment Process for IDEA Flow-Through Allocations
012.01 General Information
012.01A Except for purposes specified in 92 NAC 51-012.07A and 92 NAC 51-015.03C1b, IDEA allocations are to be used by school districts or approved cooperatives in accordance with state requirements necessary to provide a free appropriate public education to children with disabilities.
012.01B The Special Education Assurances and IDEA Consolidated Application of a school district and approved cooperative shall be submitted electronically via the NDE website to the Office of Special Education. Any amendments in the Assurances and Application shall be subject to the same review as the initial Assurances and Application.
012.01C Maintenance of Effort
012.01C1 A school district or approved cooperative may not use IDEA flow-through funds to reduce the level of expenditures below the preceding year’s special education expenditures.
012.01C2 A school district or approved cooperative may use up to 50% of the amount received under IDEA that exceeds the amount received under IDEA the previous year to assist with meeting maintenance of effort.
012.01C3 Exceptions for a school district or approved cooperative not meeting IDEA maintenance of efforts requirements as per federal regulations are:
012.01C3a The school district or approved cooperative has reduced special education personnel costs because staff has been replaced with qualified staff earning lower salaries;
012.01C3b The school district or approved cooperative has a decrease in enrollment of children with disabilities;
012.01C3c The school district or approved cooperative is no longer responsible for a high cost needs child(ren) with a disability; and
012.01C3d The school district or approved cooperative has terminated a long-term special education purchase(s).
012.01D Notice and Opportunity for a Hearing Before Disapproval of an Application for IDEA Flow-through Allocations
012.01D1 The Nebraska Department of Education will provide an opportunity for a hearing prior to disapproving an application for special education funds for failure of the application to meet the requirements of the Individuals with Disabilities Education Act and its implementing regulations.
012.01D2 The school district or approved cooperative shall request a hearing in writing within 30 calendar days of receipt of the notice provided indicating that the Office of Special Education intends to recommend disapproval of the school district's or approved cooperative's application. Within 30 days after it receives a request, the Nebraska Department of Education shall hold a hearing on the record and shall review its decision.
012.01D3 Not later than 10 days after the hearing, the Nebraska Department of Education shall issue a written ruling, including the findings of fact and reasons for the ruling.
012.01D4 If the Nebraska Department of Education finds the proposed disapproval of the school district's or approved cooperative's application was contrary to the Individuals with Disabilities Education Act and its implementing regulations or the Nebraska Special Education Act and its implementing regulations, the Department shall approve the application.
012.01D5 If the Nebraska Department of Education disapproves the school district's or approved cooperative's application, the school district or approved cooperative may appeal to the U.S. Secretary of Education. The school district or approved cooperative shall file a notice for appeal within 20 days after the school district or approved cooperative has been notified by the Nebraska Department of Education of the results of the hearing. If supported by substantial evidence, the findings of the Nebraska Department of Education shall be final.
012.01D6 The Nebraska Department of Education will make available at reasonable times and places all records of the Department pertaining to any review or appeal the school district is conducting under 34 CFR 76.401 including records of other school districts or approved cooperatives.
012.02 IDEA Base Flow-through Allocation
012.02A First priority for use of the school district or approved cooperative IDEA base flow-through allocation is early childhood special education (Below Age Five programs and transportation).
012.02A1 IDEA base flow-through allocation can be considered in calculating the maximum amount of funds available under 92 NAC 51-012.07A.
012.02B The IDEA base flow-through allocation is distributed to school districts or approved cooperatives based on federal regulations implementing Part B of the IDEA.
012.02C The fiscal year for early childhood special education programs shall be September 1 to August 31.
012.03 The following additional reports shall be submitted to the Nebraska Department of Education for early childhood special education (Below Age Five):
012.03A Final Financial Reports
012.03A1 The Nebraska Department of Education shall make payments to school districts and approved cooperatives based on an approved IDEA Application and requests for payments submitted and supported with documentation. If applicable, a supplemental final grant payment will be made to qualifying school districts based on the Below Age Five final financial reports submitted to the Nebraska Department of Education which shall include the following:
012.03A1a Allowable expenditures for the appropriate school fiscal year;
012.03A1b A list of all special education staff and their FTE;
012.03A1c Tuition received from contracts and other sources;
012.03A1d Certification of authorized officer of the school board or authorized official of an approved cooperative that the reported expenditures have been paid; and
012.03A1e A copy of the billings from the service agencies for contracted programs.
012.03A2 Final financial reports shall be submitted to the Nebraska Department of Education on or before October 1 of each year for the preceding fiscal year.
012.03A3 A school district or approved cooperative paid for ineligible expenditures shall be required to return to the Nebraska Department of Education the amount determined to be ineligible; repayment of funds equal to the amount determined to be ineligible shall be made with non-federal funds and in no case may federal funds be used to refund the amount found to be misspent or misapplied.
012.03A4 The Nebraska Department of Education shall withhold any payments provided under Neb. Rev. Stat. §79-1132 to school districts or approved cooperatives which, after final determination, received funds in excess of the appropriate allocation for the previous year(s). Payments which are withheld shall be no greater than the amount of overpayment. The Department of Education shall maintain an accurate account and a record of the reasons for such overpayments and the manner in which adjustments were made.
012.03A5 Allowable costs incurred for children with disabilities below age five shall be considered as total excess cost. The Nebraska Department of Education shall provide grants for the costs of the special education programs approved by the Nebraska Department of Education to the school district of residence for children with disabilities who are less than five years of age. The grants shall be one hundred percent of the costs of such programs and shall continue to be one hundred percent as long as the funding for such grants comes from federal funds. If federal funding pursuant to the Individuals with Disabilities Education Act, Part B and section 619 base flow-through allocation funds are inadequate at any time to pay one hundred percent of the allowable costs of such programs and transportation, the amount of the grant payments provided by the department shall be a pro rata amount as determined by the State Board of Education from appropriations for special education approved by the Legislature and based on such allowable costs for all special education programs and transportation to children with disabilities who are less than five years of age.
012.03A6 The Nebraska Department of Education may make a supplemental payment to a school district or approved cooperative not able to achieve the Department’s annually established Below Age Five funding threshold through a combination of IDEA base and enrollment and poverty flow-through allocations. Contingent upon available federal funds, this annual threshold will be at least the same percentage of funding as is available through state general funds for school age services for that year.
012.04 Allowable Costs
012.04A The allowable costs for special education services are restricted to the following items, which shall be documented and are subject to audit:
012.04A1 Salaries of special education personnel as per 92 NAC 51-010 and clerical personnel directly associated with special education programs;
012.04A2 School district or approved cooperative share of fringe benefits for the special education staff;
012.04A2a Fringe benefits shall be limited to social security, retirement programs, workers' compensation, health, life, long term disability, and unemployment insurance.
012.04A3 Inservice costs directly related to the special education programs, provided that;
012.04A3a Allowable inservice expenditures are costs directly related to special education programs. Allowable activities must be designed to contribute to the professional growth and competence of staff serving children with disabilities and their parents through workshops, demonstrations, and school visits. Tuition and expenses of attending special education courses for college credit are not allowed.
012.04A3b Allowable costs include: presenter fees and expenses, mileage, board and room of staff to attend inservice programs, costs of substitutes for staff attending inservice programs, costs of inservice programs which directly assist regular educators in providing appropriate programs for children with verified disabilities in their classrooms, and costs of special education workshop attendance.
012.04A3c Costs of attending meetings conducted by organizations where only organizational business is conducted is not an allowable expense.
012.04A4 Travel costs incurred by the school district or approved cooperative in delivering the special education programs including costs for:
012.04A4a Children attending nonpublic schools who are required to leave the nonpublic school to receive special education and related services.
012.04A4b Children who are assigned to more than one attendance center to receive special education.
012.04A5 Travel costs incurred by parents to attend educational planning meetings held outside the resident district which are necessary to provide a free appropriate public education or to visit their child who is assigned to a residential program outside the district as agreed upon through the IEP process;
012.04A6 Costs of transporting children with disabilities which are authorized under Neb. Rev. Stat. §79-1129 and Section 014 are budgeted and claimed separately;
012.04A7 Instructional equipment including assistive technology devices and equipment, supplies and publications necessary to aid the child in accomplishing the goals and objectives of the individual education program (IEP) or IFSP are allowable under this Chapter. The equipment, supplies, and publications shall be used by the child in association with the implementation of the child's IEP, IFSP or evaluation. This shall also include equipment, supplies, and publications used by staff when instructing children with verified disabilities; when evaluating children who are suspected of having disabilities; or when reevaluating children with verified disabilities. Allowable and reimbursable costs shall include printing, publication and postage costs that are necessary to carry out the provisions of this Chapter. This shall not include personal equipment and supplies or life support equipment and supplies. When equipment is used for purposes other than for special education, the school district or approved cooperative shall only claim the applicable prorated portion for special education payment;
012.04A8 Those contracted special education services in which children with disabilities are served by a service provider whose special education programs and rates have been approved by the Commissioner of Education or designee;
012.04A9 Facility costs for Below Age Five Programs are limited to plant operations, maintenance, repairs, and lease costs. A total facility square footage cost may also be claimed for facilities owned by the school district or approved cooperative that are being utilized for ECSE programs. When determining square footage costs, expenditures for facility improvements must be excluded;
012.04A10 Utilities; and
012.04A11 Cost for support services as defined in Neb. Rev. Stat. §79-1125.01 and 92 NAC 51-003.59 and identified in 92 NAC 51-011.05 as the Flexible Funding Option.
012.04A11a Allowable support services must meet the requirements of 34 CFR 300.226 (coordinated early intervening services).
012.05 Program Cost Limitations
012.05A Supervision of early childhood special education programs is allowable as an expenditure for up to an amount not to exceed 8% of the school district's or approved cooperative's allowable special education program costs, minus the cost of program supervision. Supervision of early childhood special education programs includes clerical costs associated with supervision of early childhood special education programs; also refer to Supervision of School Age Special Education programs contained in 92 NAC 51-011.02C.
012.05B The cost of a superintendent or a principal, hired for the purpose of supervising general education, shall not be included in costs for below age five and school age special education programs.
012.05C Any IDEA funds remaining after meeting Below Age Five obligations or at the option of the school district or approved cooperative, funds used for Coordinated Early Intervening Services (CEIS) pursuant to 92 NAC 51-012.07A, may be used by the school district or approved cooperative for other allowable costs associated with serving children with disabilities, ages 5 to 21.
012.06 IDEA Enrollment and Poverty Flow-through Allocation
012.06A As per federal regulations, the enrollment and poverty flow-through allocation is distributed to school districts or approved cooperatives as follows:
012.06A1 85% on the basis of the number of children enrolled in public and nonpublic elementary schools and secondary schools within the jurisdiction of the district; and
012.06A2 15% in accordance with the number of children living in poverty within the jurisdiction of the district as determined by the Nebraska Department of Education.
012.06B A combination of IDEA base and IDEA Enrollment and Poverty allocations will be used by school districts or approved cooperatives to achieve the annual threshold as specified in 92 NAC 51-012.03A6.
012.06C Funds may be used to supplement school age and below age five special education allowable costs not covered by state or federal payments (Refer to 92 NAC 51-012.04 and 012.05).
012.06C1 School districts or approved cooperatives shall complete an annual application and following approval by the Nebraska Department of Education, the school district or approved cooperative may request payment for reimbursement of allowable special education expenditures.
012.06C2 School districts or approved cooperatives may receive funding by submitting requests for payment to NDE supported with documentation.
012.06C3 Funds shall be used only to pay the excess cost of providing special education and related services to children with disabilities except for purposes specified in 92 NAC 51-012.07A, and shall be used to supplement State, local and other federal funds and not to supplant such funds.
012.06C3a For purposes of 92 NAC 51-012, school district or approved cooperative eligibility for IDEA funds is determined by annually calculating separately both an elementary and secondary average per pupil expenditure (APPE).
012.06C3b A school district or approved cooperative meets the IDEA excess cost requirement if it has spent at least a minimum average elementary or secondary amount (APPE) for the education of its children with disabilities before funds under Part B are used.
012.06C4 Minor building modifications are allowable costs if approved through the Enrollment/Poverty Supplemental application process.
012.06C5 When expenditures are for resources benefiting all children, costs attributed to IDEA shall be on a pro rata basis.
012.06C6 IDEA Enrollment and Poverty flow-through allocation can be considered in calculating the maximum amount of funds available under 92 NAC 51-012.07A.
012.06D An educational service unit, cooperative, or regional planning entity recognized by the State Board of Education pursuant to Neb. Rev. Stat. §79-1135 may receive grant funding if a school district or approved cooperative authorizes through a signed certification the release of all or a portion of the school district or approved cooperative IDEA allocation to said entity.
012.07 Special Considerations
012.07A Except as provided in 34 CFR 300.646 provision of IDEA Coordinated Early Intervening Services (CEIS) are voluntary for school districts and approved cooperatives receiving an IDEA allocation. Such services are limited to 15% of the school district or approved cooperative yearly IDEA allocations and are to be designed for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.
012.07B When implementing IDEA CEIS, a school district may carry out activities that include:
012.07B1 Professional development (which may be provided by entities other than a school district or approved cooperative) for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
012.07B2 Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
012.07C Each school district or approved cooperative that develops and maintains CEIS shall annually report the following information to the Department of Education:
012.07C1 The number of students served; and
012.07C2 The number of students served who subsequently receive special education and related services during the preceding two year period.
012.07D Payments for CEIS shall be contingent upon meeting the reporting requirements of 92 NAC 51-012.07C.
012.07D1 Payments for CEIS will be made according to 92 NAC 51-012.06C2.
012.07E Nothing in this subsection shall be construed to limit or create a right to a free appropriate public education under 92 NAC Rule 51.
012.07F Related services for children with verified disabilities are allowable if the services are listed in the IEP and are required to assist the child to benefit from his/her special education program.
012.07G Payments to a school district or approved cooperative contracting for special education services shall be limited to rates approved by the Commissioner of Education or designee.
012.07H Late submission of required forms will be subject to the procedures specified in 92 NAC 51-004.14.
012.08 Expenditures for Parentally-Placed Nonpublic School Children
012.08A To meet the requirement of 92 NAC 51-015.03C, each school district or approved cooperative must spend at least the following on providing special education and related services (including direct services) to parentally-placed nonpublic school children with disabilities:
012.08A1 For children aged 3 through 21, an amount that is the same proportion of the school district’s or approved cooperative’s total subgrant under section 611(f) of the IDEA as the number of nonpublic school children with disabilities aged 3 through 21 who are enrolled by their parents in nonpublic including religious, elementary schools and secondary schools located in the school district served by the school district or approved cooperative is to the total number of children with disabilities in its jurisdiction aged 3 through 21.
012.08A2 For children aged three through five, an amount that is the same proportion of the school district or approved cooperative’s total subgrant under section 619(g) of the IDEA as the number of parentally-placed nonpublic school children with disabilities aged three through five who are enrolled by their parents in a nonpublic, including religious, elementary school located in the school district served by the school district or approved cooperative, is to the total number of children with disabilities in its jurisdiction aged three through five.
012.08A2a Children aged three through five are considered to be parentally-placed nonpublic school children with disabilities enrolled by their parents in nonpublic, including religious, elementary schools, if they are enrolled in a nonpublic school that meets the definition of elementary school in section 34 CFR 300.13.
012.08B If a school district or approved cooperative has not expended all of the funds described in 92 NAC 51-012.08A1 and 012.08A2 by the end of the fiscal year for which Congress appropriated the funds, the school district or approved cooperative must obligate the remaining funds for special education and related services (including direct services) to parentally-placed nonpublic school children with disabilities during a carry-over period of one additional year.
012.08C In calculating the proportionate amount of Federal funds to be provided for parentally-placed nonpublic school children with disabilities, the school district or approved cooperative, after timely and meaningful consultation with representatives of nonpublic schools under 92 NAC 51-015.03D, must conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending nonpublic schools located in the school district or approved cooperative.
012.08D Each school district or approved cooperative must, after timely and meaningful consultation with representatives of parentally-placed nonpublic school children with disabilities (consistent with 92 NAC 51-015.03D) determine the number of parentally-placed nonpublic school children with disabilities attending nonpublic schools located in the school district or approved cooperative. The count is conducted on December 1 of each year.
012.08D1 The count must be used to determine the amount that the school district or approved cooperative must spend on providing special education and related services to parentally-placed nonpublic school children with disabilities in the next subsequent fiscal year.
012.08E State and local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally-placed nonpublic school children with disabilities under this Chapter.
012.08F Eligible school districts and approved cooperatives shall submit a budget and narrative for serving nonpublic school children as part of an approved IDEA Consolidated Application.
012.08F1 Requests for payments may be submitted to NDE with supporting documentation.
012.09 Children with Disabilities Who Are Covered by Public Benefits or Insurance
012.09A A school district or approved cooperative may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this Chapter, as permitted under the Medicaid in Public Schools (MIPS) (Neb. Rev. Stat. §43-2511), except as provided in 92 NAC 51-012.09B.
012.09B With regard to services required to provide FAPE to an eligible child under Part B, the school district or approved cooperative:
012.09B1 May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under this Chapter;
012.09B2 May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this Chapter, but pursuant to 92 NAC 51-012.10C2 of this section, may pay the cost that the parents otherwise would be required to pay;
012.09B3 May not use a child’s benefits under a public benefits or insurance program if that use would:
012.09B3a Decrease available lifetime coverage or any other insured benefit;
012.09B3b Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;
012.09B3c Increase premiums or lead to the discontinuation of benefits or insurance; or
012.09B3d Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.
012.10 Use of Part B Funds
012.10A If a school district or approved cooperative is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this Chapter, to ensure FAPE the school district or approved cooperative may use its Part B funds to pay for the service.
012.10B To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the school district or approved cooperative may use its Part B IDEA funds to pay the cost that the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-pay amounts).
012.10C Proceeds from public benefits or insurance or private insurance.
012.10C1 Proceeds from public benefits or insurance or private insurance will not be treated as program income for the purposes of 34 CFR 80.25.
012.10C2 If a school district or approved cooperative spends reimbursements from Federal funds (e.g., Medicaid) for services under this part, those funds will not be considered “State or local” funds for purposes of the maintenance of effort provisions in 92 NAC 51-012.01C.
012.11 Prior to accessing Public Benefits or Insurance or Private Insurance, school districts or approved cooperatives must meet requirements contained in 92 NAC 51-009.09A or 009.09B.
013 Contracted Programs
013.01 Special education programs and support services may be provided by contracting with another school district, approved cooperative, or with a Nebraska Department of Education provisionally approved service provider. Responsibility for compliance with state and federal regulations for programs for children with disabilities remains with the school district.
013.02 The school district of residence or approved cooperative shall be responsible for the development and maintenance of the IEP, and the participation in all IEP meetings and shall assure that IEP meetings are arranged with the contracted program and the parents. Such arrangements may include meetings with the contracted program, the school district, the approved cooperative, and the parent. Meetings may occur within the district, at the contracted program site or another site if more appropriate.
013.02A The parent, the school district, and a contracted program representative shall be involved in any decision about the IEP.
013.02B The expenditures for special education contractual services shall be considered for payment of allowable costs under the following conditions:
013.02B1 The services claimed by the school district or approved cooperative were provided by contracted programs whose service(s) and rate(s) were provisionally approved by the Nebraska Department of Education.
013.02C The school district or approved cooperative will be allowed a forty-five (45) calendar day grace period when entering into contracts with programs not provisionally approved by the Nebraska Department of Education. Within this forty-five day grace period a school district or approved cooperative is responsible for notifying the program of the application and approval requirements of the Nebraska Department of Education.
013.02C1 If the contracted program, other than a school district or approved cooperative fails to submit an application within the forty-five (45) calendar day grace period, the school district or approved cooperative is required to seek and obtain placement for the child in a provisionally approved program within fourteen (14) calendar days following the expiration of the grace period. If the agency's application for approval is denied by the Nebraska Department of Education, the school district or approved cooperative is required to seek and obtain placement for the child in a provisionally approved program within fourteen (14) calendar days following notification of the denial.
013.02C2 The cost of services provided by a contracted program which is not granted provisional approval by the Nebraska Department of Education will not be reimbursed.
013.02D The school district or approved cooperative and the provisionally approved contracted program shall enter into a contract which shall include but need not be limited to:
013.02D1 A description of the services to be provided;
013.02D2 Names of children to be served;
013.02D3 A cost schedule for the services; and
013.02D4 The Nebraska Department of Education service code and agency code for the service(s) provided.
013.02E The school district or approved cooperative shall have on file a signed copy of the contract.
013.02F The school district or approved cooperative shall monitor the progress of those children for whom they have contracted. For each child contracted for services, the school district or approved cooperative shall maintain within the school district or approved cooperative all applicable records as follows: a record of all referral information, notice to parents, parent notice and consent for initial evaluation, multidisciplinary evaluation team report, notification of IEP meeting, the individual education program, parent notice and consent for initial placement, notice of change of placement or program termination, notice of reevaluation, and other supportive data. School districts or approved cooperatives may elect to enter into agreements with provisionally approved contracted programs for the proper maintenance and protection of personally identifiable data on children with disabilities.
013.02G The school district or approved cooperative shall be liable for the payment of the educational costs for the placement of a child in a program not operated by the school district or approved cooperative when:
013.02G1 The school district or approved cooperative initiated the placement; or
013.02G2 The school district or approved cooperative has agreed to the placement; or
013.02G3 The school district or approved cooperative is party to a decision under 92 NAC 55 which requires such placement and which has not been appealed by the school district or approved cooperative; or
013.02G4 The school district or approved cooperative has been a party to litigation resulting in a court order requiring the placement.
013.03 Nebraska Department of Education Provisionally Approved Service Provider Responsibility
013.03A With the exception of inservice providers and consultants who provide special education training for parents and staff which directly assist in providing appropriate programs for children with verified disabilities, all service providers contracting with a school district or approved cooperative shall seek approval and obtain a provisionally approved rate, service code, and agency code for such services.
013.03B The school district or approved cooperative shall pay an amount equal to the average per pupil cost (program per pupil cost) of the service agency of the preceding year or the cost as agreed upon pursuant to the contract to the agency providing the educational program for each child with a disability.
013.03C Service providers who request reimbursable rates exceeding NDE established rates shall submit, on forms provided by the Nebraska Department of Education, the following:
013.03C1 Personnel and their qualifications;
013.03C2 A cost schedule for services (for allowable costs, see Sections 011 and 012);
013.03C3 A written description of services;
013.03C4 Separation of sectarian educational costs and non-sectarian educational costs, if applicable;
013.03C5 Separation of the cost of residential care costs from the cost of the educational program, if applicable;
013.03C6 Documentation of conformance with building codes and safety requirements, if applicable; and
013.03C7 For Educational Service Units, a final report of expenditures which is due within 45 days after the service provider’s fiscal year end.
013.03D Service providers who request reimbursable rates at or below NDE established rates shall submit, electronically via the NDE website to the Nebraska Department of Education, the following:
013.03D1 Personnel and their qualifications;
013.03D2 A cost schedule for services;
013.03D3 A written description of services; and
013.03D4 Documentation of conformance with building codes and safety requirements, if applicable.
013.03E Service providers must have on file a copy of the child's current IEP.
013.03F Service providers shall provide reasonable notice to the school district or approved cooperative prior to termination of services by the provider.
013.03G Service providers shall not be considered provisionally approved until the Commissioner of Education or designee grants such approval.
013.03H Service providers shall be considered for provisional approval annually.
013.03I When residential care is required for a child to attend an education program, the education program must be approved by the Commissioner of Education or designee prior to approval for residential care.
014 Special Education Transportation
014.01 The board of education shall furnish one of the following types of services to children with disabilities who are residents of the school district:
014.01A Provide transportation for any child with a disability who is forced to leave the school district temporarily because of lack of educational services; and
014.01B Provide transportation within the school district for any child with a disability who is enrolled in a special education program of the district when either:
014.01B1 The child is required to attend a facility other than what would be the normal school of attendance of the child to receive appropriate special education services; or
014.01B2 The nature of the child's disability is such that special education transportation is required.
014.01C The board of education shall provide transportation for all children with disabilities birth to age five including children birth to age five who are wards of the court.
014.01D Transportation for Parentally-Placed Non-Public School Children
014.01D1 If necessary for the child to benefit from or participate in the services provided under this Chapter, a parentally-placed nonpublic school child with a disability must be provided transportation:
014.01D1a From the child's school or the child's home to a site other than the nonpublic school; and
014.01D1b From the service site to the nonpublic school, or to the child's home, depending on the timing of the services.
014.01D2 School districts or approved cooperatives are not required to provide transportation from the child's home to the nonpublic school.
014.01D3 The cost of transportation may be included in calculating whether the school district or approved cooperative has met the requirement of 92 NAC 51-012.08.
014.02 Responsibility for Transportation
014.02A The board of education shall be responsible to provide for the transportation expenses of children with disabilities who are residents of the school district under Neb. Rev. Stat. §79-1129 by:
014.02A1 Paying a parent for transporting his or her child for actual miles traveled and claimed; or
014.02A2 Operating vehicles for the purpose of transporting children with disabilities; or
014.02A3 Contracting for transportation services for children with disabilities; or
014.02A4 Purchasing services from a common carrier; or
014.02A5 Arranging for such other transportation as is proper and necessary to transport children with disabilities.
014.02B The board of education shall select an efficient and effective means of transportation for the child with a disability at a reasonable cost.
014.02C The board of education shall not provide for the transportation expenses of children with a disability who are residents of the school districts under Neb. Rev. Stat. §79-1129 if such children are able to use regular transportation services provided by the district unless:
014.02C1 Alteration of the routes of such regular transportation is required to transport children with a disability; or
014.02C2 Alteration is required of the equipment or vehicles used in such regular transportation in order to accommodate children with a disability.
014.02D The board of education shall provide for expenses equal to the statutory amount for each mile or fraction thereof traveled between the place of residence and the program of attendance when a parent transports his or her child(ren) with a disability. (Refer to Neb. Rev. Stat. §§79-1129 and 81-1176.)
014.02E Except when a parent is transporting only his or her child, the board of education shall require that the driver and vehicle meet the standards required by 92 NAC 91 and 92.
014.02F For students with disabilities participating in the Option Enrollment Program under Neb. Rev. Stat. §§79-232 to 79-246, the transportation services included on the student’s IEP shall be provided by the district from which the student optioned. The Department shall reimburse the district from which the student optioned for the cost of transportation in accordance with Section 014.
014.03 Allowable Expenses
014.03A The school district or approved cooperative shall provide for the transportation expenses of children with a disability transported by the parents of such children, upon receipt of claims submitted to the board of education by such parents. Such claims shall be documented and subject to audit. The claims shall:
014.03A1 State the names of the children transported, the dates they were transported, the mileage incurred in such transportation; and
014.03A2 Contain a statement that the claim is a true and correct report of mileage; and
014.03A3 Include the signature of the parent.
014.03B The school district or approved cooperative shall not be relieved of the obligation to provide transportation for an eligible child with a disability because of the inability or unwillingness of the child's parents to provide transportation. No eligible child with a disability may be denied or have limitations placed on the child's receipt of special education services required by an IEP as a result of the inability or unwillingness of parents to provide transportation.
014.03C The school district or approved cooperative shall provide for the expenses or the equivalent costs for transportation from the child's legal residence (the residence of the parent(s)) or the Nebraska Department of Education approved residential placement, to the child's program.
014.03D A school district or approved cooperative may apply to the Department of Health and Human Services for reimbursement of transportation costs for the school age student who was made a ward of the state or court prior to his or her arrival in that school district.
014.03E When the school district or approved cooperative provides for transportation expenses under Neb. Rev. Stat. §79-1129 for children with a disability who are residents of the school district by utilizing vehicles operated by the school district, it shall include those transportation expenses below which are directly related to the vehicles used to transport special education children:
014.03E1 Salaries and fixed charges of drivers and necessary aides;
014.03E2 Vehicle operational supplies;
014.03E3 Vehicle repairs and maintenance;
014.03E4 Vehicle lease costs;
014.03E5 Vehicle insurance related to the transportation of children with a disability;
014.03E6 Documented administrative expenses of those engaged or employed for the purpose of supervising the transportation of children with a disability, their assistants, and clerical personnel but not including expenses for those engaged in general school or special education administration;
014.03E7 Such depreciation as is allowed in 92 NAC 51-014.04;
014.03E8 Those expenses attributable to an alteration of routes;
014.03E9 Those expenses attributable to alterations in equipment of vehicles, which must be depreciated; and
014.03E10 Facility expenses relating to the maintenance of vehicles used for transporting children with a disability. Transportation facility expense for purposes other than maintenance are not allowable reimbursable items. Maintenance includes such activities as repair, cleaning, greasing, fueling, and inspecting vehicles for safety. If a facility is used for purposes other than maintenance of vehicles used to transport children with a disability, expenses must be listed separately so that only those costs attributed to the maintenance of special education vehicles are included.
014.03F If income is derived from a transportation service provided under Neb. Rev. Stat. §79-1129 such income shall be used to offset expenses listed above to the extent of such income.
014.03G The Nebraska Department of Education shall allow a per mile cost for operating vehicles by using the categories of allowable expenses in 92 NAC 51-014.03 divided by the actual mileage the vehicle was driven for each fiscal year or the mileage rate provided in Neb. Rev. Stat. §81-1176. This procedure may be used in lieu of 92 NAC 51-014.03E.
014.03H The costs used must be adequately documented by the school district for review by the Nebraska Department of Education.
014.03I Detailed mileage logs must be maintained by the school district or approved cooperative and be available for review by the Nebraska Department of Education.
014.03J Undocumented expenses or mileage will not be allowed.
014.04 Depreciation
014.04A The school district or approved cooperative shall claim as a depreciation deduction a reasonable allowance for depreciation of:
014.04A1 Vehicles owned by the district, or portion of vehicles, or other capital assets owned by the district used in the transportation of children with a disability under Neb. Rev. Stat. §79-1129; and
014.04A2 Other capital expenditures required in the alteration of vehicles used in the transportation of children with a disability under Neb. Rev. Stat. §79-1129.
014.04B An allowance for depreciation shall be based on a reasonable useful life span of an item at the time of acquisition or for previous district owed vehicles, the fair market value of the item when placed into special education service so that the amount set aside each year for depreciation plus the estimated salvage value, will, at the end of the useful life of the item, equal the cost of the item.
014.04B1 It shall be presumed that the reasonable period of depreciation for a new conventional school bus is seven years and that of a new small vehicle is three years.
014.04B2 If any school district or approved cooperative determines that the periods of depreciation set forth above are not reasonable because of the type of vehicles in use, the school district or approved cooperative may request alternate periods of depreciation for such vehicles, along with supporting reasoning in an application to the Nebraska Department of Education.
014.04B3 Capital expenditures in excess of two thousand dollars ($2000) require a depreciation schedule approved by NDE.
014.04B4 The allowance for depreciation must be claimed in the fiscal year in which the vehicle was used.
014.04B5 When equipment is used for purposes other than for special education transportation, the school district or approved cooperative shall only claim the applicable prorated portion for special education payment.
014.04C When a depreciable item is disposed of or used for a purpose other than the transportation of children with a disability under Neb. Rev. Stat. §79-1129, the fair market value of such item shall be considered its actual salvage value.
014.04C1 Any actual salvage in excess of estimated salvage value shall be set off against any payments due to the board under Neb. Rev. Stat. §79-1129 and 79-1144.
014.04C2 When the actual salvage value is less than the estimated salvage value, then an expense for such difference shall be allowable under 92 NAC 51-014.04B.
014.04C3 When vehicles are not disposed of in a cash sale, recognized retail book values, such as the Used Car Guide of the National Automobile Dealers Association shall be evidence of fair market value unless a board of education demonstrates that it is not appropriate to use such recognized book values on a particular vehicle because of the condition or type of the vehicle in question.
014.04C4 A depreciation schedule shall be maintained by the district or approved cooperative as long as they own the vehicle.
014.05 Other Conditions
014.05A The fiscal year for school age and early childhood special education (Below Age Five) transportation shall be from September 1 to August 31.
014.05B Based on claim forms submitted reflecting the allowable costs of transporting children with disabilities, the Nebraska Department of Education will reimburse each school district or approved cooperative a pro rata amount determined by the State Board of Education from appropriations for special education approved by the Legislature. For early childhood special education (Below Age Five) transportation, refer to 92 NAC 51-014.05H. Transportation claim forms shall be submitted on or before September 30 of each year according to the provisions of 92 NAC 51-011.04C3 and 011.04C4. Forms are available at the Nebraska Department of Education.
014.05C Reimbursement to a school district or approved cooperative whose Special Education Transportation Final Claim Form is submitted to the Nebraska Department of Education after the due date shall be subject to the procedures specified in 92 NAC 51-004.14.
014.05D All transportation claims shall be documented and are subject to audit.
014.05E For payment for costs associated with the transportation of children below the age of five with a disability who are wards of the court, refer to 92 NAC 51-014.05H.
014.05F Supplementary amendments to any Special Education School Age Transportation Final Claim Form previously approved by the Nebraska Department of Education may be submitted to the Nebraska Department of Education for review and approval within three years of the original due date. Approved amendments may be submitted by the Nebraska Department of Education to the Legislature for consideration of a supplemental appropriation.
014.05G Payments authorized by Neb. Rev. Stat. §79-1144 shall be made only to a school district or approved cooperative.
014.05H IDEA Base flow-through allocation (92 NAC 51-012.02) and the IDEA Enrollment and Poverty Allocation (92 NAC 51-012.06) are to be used to fund costs for transporting children with disabilities below the age of five.
014.05I Expenditure of IDEA Allocations shall be in accordance with 92 NAC 51-012.06C3, 012.06C4, and 012.06C5.
015 Children with Disabilities Attending Nonpublic Schools
015.01 Children Placed In or Referred To a Nonpublic School or Facility by the School District or Approved Cooperative As a Means of Providing Special Education and Related Services
015.01A School districts or approved cooperatives shall ensure that a child with a disability who is placed in or referred to a nonpublic school or facility by a school district:
015.01A1 Is provided special education and related services in conformance with an IEP that meets the requirements of Section 007 at no cost to the parents;
015.01A2 Is provided an education that meets the standards that apply to education provided by the school district or approved cooperative including the requirements of this Chapter except 92 NAC 51-003.62; and
015.01A3 Has all of the rights of a child with a disability who is served by a school district or approved cooperative.
015.01B The school district or approved cooperative is responsible for initiating and conducting meetings for the purpose of developing, reviewing and revising an IEP for a child with a verified disability.
015.01B1 Before a school district or approved cooperative places a child with a disability in, or refers a child to, a nonpublic school or facility, the school district or approved cooperative shall initiate and conduct a meeting to develop an IEP for the child in accordance with Section 007.
015.01B2 After a child with a disability enters a nonpublic school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the nonpublic school or facility at the discretion of the school district or approved cooperative.
015.01B3 If the nonpublic school or facility initiates and conducts these meetings, the school district or approved cooperative shall ensure that the parents and nonpublic representative:
015.01B3a Are involved in any decision about the child's IEP; and
015.01B3b Agree to any proposed changes in the IEP before those changes are implemented.
015.02 Children Placed In a Nonpublic School by Parents As a Means of Obtaining Special Education and Related Services; FAPE is At Issue
015.02A This Chapter does not require a school district or approved cooperative to pay for the cost of education, including special education and related services, of a child with a disability at a nonpublic school or facility if that school district or approved cooperative made FAPE available to the child and the parents elected to place the child in a nonpublic school or facility as a means of obtaining special education and related services. However, the school district or approved cooperative shall include that child in the population whose needs are addressed consistent with 92 NAC 51-015.03.
015.02B Disagreements between a parent and a school district or approved cooperative regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures of 92 NAC 55.
015.02B1 If the parents of a child with a disability, who previously received special education and related services under the authority of the school district or approved cooperative, enroll the child in a nonpublic preschool, elementary or secondary school as a means of obtaining special education and related services without the consent of or referral by the school district or approved cooperative, a court or a hearing officer may require the school district or approved cooperative to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the school district or approved cooperative had not made a free appropriate public education available to the child in a timely manner prior to that enrollment and that the private placement is appropriate.
015.02B1a A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the school district or approved cooperative.
015.02C The cost of reimbursement described in 92 NAC 51-015.02B1 may be reduced or denied if:
015.02C1 At the most recent IEP team meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the school district or approved cooperative to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a nonpublic school at public expense; or
015.02C2 At least 10 business days (including any holidays that occur on a business day), prior to the removal of the child from the public school or approved cooperative, the parents did not give written notice to the school district of the information described in 92 NAC 51-015.02C1; or
015.02C3 If prior to the parents’ removal of the child from the public school, the school district or approved cooperative informed the parents, through the notice requirements described in 92 NAC 51-009.05, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or
015.02C4 Upon a judicial finding of unreasonableness with respect to actions taken by the parents.
015.02D Notwithstanding the notice requirement in 92 NAC 51-015.02C1 and 015.02C2, the cost of reimbursement:
015.02D1 Must not be reduced or denied for failure to provide the notice if:
015.02D1a The school district or approved cooperative prevented the parents from providing the notice;
015.02D1b The parents had not received notice, pursuant to 92 NAC 51-009.06 of the notice requirement in 92 NAC 51-015.02C1 and 015.02C2; or
015.02D1c Compliance with 92 NAC 51-015.02C1 and 015.02C2 would likely result in physical harm to the child; and
015.02D2 May, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if:
015.02D2a The parents are not literate or cannot write in English; or
015.02D2b Compliance with paragraph 92 NAC 51-015.02C1 and 015.02C2 of this section would likely result in serious emotional harm to the child.
015.03 Children Enrolled In a Nonpublic School by Parents If FAPE Is Not At Issue
015.03A Parentally-placed nonpublic school children with disabilities means children with disabilities enrolled by their parents in nonpublic, including religious schools or facilities that meet the definition of elementary or secondary school, other than children with disabilities covered in 92 NAC 51-015.01 and 015.02.
015.03A1 For purposes of providing equitable services utilizing IDEA funds described in 92 NAC 51-012.08:
015.03A1a Elementary school shall mean a school system accredited pursuant to 92 NAC 10, a nonpublic school approved pursuant to 92 NAC 14, or an interim-program school approved pursuant to 92 NAC 18 that offers instruction in any or all grades Kindergarten through eighth grade designated by the school as an elementary grades.
015.03A1b Secondary school shall mean a school system accredited pursuant to 92 NAC 10, a nonpublic school approved pursuant to 92 NAC 14 or an interim-program school approved pursuant to 92 NAC 18 that offers instruction in any or all grades seventh through twelfth designated by the school as a secondary grade.
015.03A2 For purposes of providing a Free Appropriate Public Education:
015.03A2a Elementary school shall mean a school system accredited pursuant to 92 NAC 10, a nonpublic school approved pursuant to 92 NAC 14 or an interim-program school approved pursuant to 92 NAC 18 that offers instruction in any or all grades Kindergarten through eighth grade designated by the school as an elementary grades and also includes children attending nonpublic schools that are exempt from approval or accreditation pursuant to 92 NAC 12 and 92 NAC 13.
015.03A2b Secondary school shall mean a school system accredited pursuant to 92 NAC 10, a nonpublic school approved pursuant to 92 NAC 14 or an interim-program school approved pursuant to 92 NAC 18 that offers instruction in any or all grades seventh through twelfth designated by the school as a secondary grades and also includes children attending nonpublic schools that are exempt from approval or accreditation pursuant to 92 NAC 12 and 92 NAC 13.
015.03B Child find for Parentally-placed Nonpublic School Children with Disabilities
015.03B1 Each school district or approved cooperative must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in nonpublic, including religious, elementary schools and secondary schools located in the school district or approved cooperative, in accordance with 92 NAC 51-015.03B2 through 015.03B5.
015.03B2 The child find process must be designed to ensure:
015.03B2a The equitable participation of parentally-placed nonpublic school children; and
015.03B2b An accurate count of those children.
015.03B3 In carrying out the child find requirements, the school district or approved cooperative must undertake activities similar to the activities undertaken for public school children.
015.03B4 The cost of carrying out the child find requirements in this subsection, including individual evaluations, may not be considered in determining if a school district or approved cooperative has met its obligations under 92 NAC 51-012.08.
015.03B5 The child find process must be completed in a time period comparable to that for children attending public schools in the school district or approved cooperative consistent with 92 NAC 51-006.02.
015.03B6 Each school district or approved cooperative, in which one or more nonpublic, including religious, elementary schools and secondary schools are located must, in carrying out the child find requirements in this subsection, include parentally-placed nonpublic school children who reside in a State other than Nebraska.
015.03C Provision of Services for Parentally-placed Nonpublic School Children
015.03C1 To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in nonpublic including religious elementary schools and secondary schools located in the school district or approved cooperative, provision must be made for the participation of those children in the program assisted or carried out under Part B of the IDEA as amended in 2004 by providing them with special education and related services.
015.03C1a Parentally-placed nonpublic school children with disabilities are eligible for the provision of a free appropriate public education from the school district or approved cooperative in which they reside. Services available under such circumstances are referred to as a Free Appropriate Public Education (FAPE).
015.03C1a(1) An IEP shall be developed and implemented in accordance with 92 NAC 51-007 for each resident nonpublic school child receiving FAPE.
015.03C1b Parentally-placed nonpublic school children with disabilities who are attending a nonpublic school located outside of their district of residence may receive special education and related services (referred to as equitable services) from the district in which the nonpublic school is located or a free appropriate public education (FAPE) from the district in which they reside, but not both. The decision on whether to receive equitable services or FAPE is at the discretion of the child’s parent.
015.03C1b(1) In accordance with 92 NAC 51-015.03C1 and 92 NAC 51-015.03G through 015.03I, an equitable services plan must be developed and implemented for each nonresident nonpublic school child with a disability who has been designated by the school district or approved cooperative in which the nonpublic school is located to receive equitable services.
015.03C2 Each school district or approved cooperative must maintain in its records, and provide to the Nebraska Department of Education the following information related to parentally-placed nonpublic school children attending nonpublic schools located in the school district or approved cooperative:
015.03C2a The number of children evaluated;
015.03C2b The number of children determined to be children with disabilities; and
015.03C2c The number of children served.
015.03C3 Special education and related services (FAPE or equitable services) provided to parentally-placed nonpublic school children with disabilities, including materials and equipment, must be secular, neutral, and nonideological.
015.03D Consultation
015.03D1 To ensure timely and meaningful consultation, a school district or approved cooperative must consult with representatives of nonpublic schools located in the school district or approved cooperative and representatives of parents of parentally-placed nonpublic school children with disabilities attending such schools during the design and development of special education and related services (FAPE and equitable services) for the children regarding the following:
015.03D1a The child find process, including:
015.03D1a(1) How parentally-placed nonpublic school children suspected of having a disability can participate equitably; and
015.03D1a(2) How parents, teachers, and nonpublic school officials will be informed of the process.
015.03D1b The determination of the proportionate share of Federal funds available to serve parentally-placed nonpublic school children with disabilities available under 34 CFR 300.133(C), including the determination of how the proportionate share of those funds was calculated.
015.03D1c The consultation process among the school district or approved cooperative, nonpublic school officials, and representatives of parents of parentally-placed nonpublic school children with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services (FAPE or equitable services).
015.03D1d How, where, and by whom special education and related services (FAPE or equitable services) will be provided for parentally-placed nonpublic school children with disabilities, including a discussion of:
015.03D1d(1) The types of services, including direct services and alternate service delivery mechanisms; and
015.03D1d(2) How special education and related services funded by the proportionate amount of federal funds will be apportioned if such funds are insufficient to serve all parentally-placed nonpublic school children; and
015.03D1d(3) How and when those decisions will be made.
015.03D1e If the school district or approved cooperative disagrees with the views of the nonpublic school officials on the provision of services or the types of services (whether provided directly or through a contract), the school district or approved cooperative will provide to the nonpublic school officials a written explanation of the reasons why the school district or approved cooperative chose not to provide services directly or through a contract.
015.03E Written Affirmation
015.03E1 When timely and meaningful consultation, as required by 92 NAC 51-015.03D has occurred, the school district or approved cooperative must obtain a written affirmation signed by the representatives of participating nonpublic schools.
015.03E2 If the representatives do not provide the affirmation within a reasonable period of time, the school district or approved cooperative must forward the documentation of the consultation process to the Nebraska Department of Education.
015.03F Complaints
015.03F1 A nonpublic school official has the right to submit a complaint to the Nebraska Department of Education that the school district or approved cooperative:
015.03F1a Did not engage in consultation that was meaningful and timely; or
015.03F1b Did not give due consideration to the views of the nonpublic school official.
015.03F2 If the nonpublic school official wishes to submit a complaint, the official must provide to the Nebraska Department of Education the basis of the noncompliance by the school district or approved cooperative with the applicable school provisions in this Chapter; and
015.03F2a The school district or approved cooperative must forward the appropriate documentation to the Nebraska Department of Education. If the nonpublic school official is dissatisfied with the decision of the Nebraska Department of Education, the official may submit a complaint to the United States Secretary of Education by providing the information on noncompliance described in 92 NAC 51-015.03F2. The Nebraska Department of Education must forward the appropriate documentation to the United States Secretary of Education.
015.03G Equitable Services for Nonresident Nonpublic School Children Determined
015.03G1 No parentally-placed nonresident nonpublic school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
015.03G2 Decisions about the equitable services that will be provided to parentally-placed nonresident nonpublic school children with disabilities must be made in accordance with 92 NAC 51-015.03G3 and 015.03D1c.
015.03G2a The school district or approved cooperative must make the final decisions with respect to the equitable services to be provided to eligible parentally-placed nonresident nonpublic school children with disabilities.
015.03G3 If a nonresident nonpublic school child with a disability is enrolled in a religious or other nonpublic school by the child’s parents and will receive equitable services from a school district or approved cooperative, the school district or approved cooperative must:
015.03G3a Initiate and conduct meetings to develop, review, and revise an equitable services plan for the child, in accordance with 92 NAC 51-015.03H; and
015.03G3b Ensure that a representative of the religious or other nonpublic school attends each meeting. If the representative cannot attend, the school district or approved cooperative shall use other methods to ensure participation by the religious or other nonpublic school, including individual or conference telephone calls.
015.03H Equitable Services Provided to Nonresident Nonpublic School Children with Disabilities
015.03H1 The equitable services provided to parentally-placed nonresident nonpublic school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that nonpublic elementary school and secondary school teachers who are providing equitable services to parentally-placed nonresident nonpublic school children with disabilities do not have to meet the special education teacher requirements of 92 NAC 51-003.62.
015.03H2 Parentally-placed nonresident nonpublic school children with disabilities may receive a different amount of services than resident public and nonpublic school children with disabilities.
015.03H3 Each parentally-placed nonresident nonpublic school child with a disability who has been designated to receive equitable services under 92 NAC 51-015.03C1b must have an equitable services plan that describes the specific special education and related services that the school district or approved cooperative will provide to the child in light of the services that the school district or approved cooperative has determined, through the process described in 92 NAC 51-015.03C and 015.03G, it will make available to parentally-placed nonresident nonpublic school children with disabilities.
015.03H4 The equitable services plan must, to the extent appropriate:
015.03H4a Meet the requirements of 92 NAC 51-007.07A or for a child ages three through five, meet the requirements of 92 NAC 51-007.02A1 with respect to the services provided; and
015.03H4b Be developed, reviewed, and revised consistent with 92 NAC 51-007.
015.03H5 Equitable services must be provided:
015.03H5a By employees of a public school district or approved cooperative; or
015.03H5b Through contract by the school district or approved cooperative with an individual, association, agency, organization, or other entity.
015.03I Location of Services and Transportation
015.03I1 Services (equitable or FAPE) to parentally-placed nonpublic school children with disabilities may be provided on the premises of nonpublic, including religious, schools, to the extent consistent with law.
015.03I1a A school district or approved cooperative may lease a classroom in a nonpublic school building. If properly drafted, the lease transforms the classroom into a public school classroom during the times covered by the lease. The board of education of a public school district may offer the special education programs enumerated in Neb. Rev. Stat. §79-1127 in a leased classroom in a nonpublic school building. It does not, however, have an unqualified legal duty to do so.
015.03J Due Process and State Complaints
015.03J1 Except as provided in 92 NAC 51-015.03J2, the procedures in 92 NAC 51-009.06, 009.07, 009.10, 009.12, 009.13, 009.14 and 92 NAC 55 do not apply to complaints that a school district or approved cooperative has failed to meet the requirements of 92 NAC 51-015.03C1 through 015.03I and 92 NAC 51-014.01D and 012.08 including the provision of services indicated on the child’s equitable services plan.
015.03J2 The procedures in 92 NAC 51-009.06, 009.07, 009.10, 009.12 through 009.14 and 92 NAC 55 apply to complaints that a school district or approved cooperative has failed to meet the child find requirements in 92 NAC 015.03B1, including the requirements in 92 NAC 51-009.08 and 006.
015.03J3 Any due process complaint regarding the child find requirements (as described in 92 NAC 51-015.03J2) must be served on the school district or approved cooperative in which the nonpublic school is located and filed with the Nebraska Department of Education.
015.03J4 Any complaint that the Nebraska Department of Education or school district or approved cooperative has failed to meet the requirements in 92 NAC 51-015.03C through 015.03E and 012.08 and 92 NAC 51-015.03G through 015.07 must be filed in accordance with the procedures described in 92 NAC 51-009.11.
015.03J5 A complaint filed by a nonpublic school official under 92 NAC 51-015.03F1 must be filed with the Nebraska Department of Education in accordance with the procedures in 92 NAC 51-015.03F2.
015.04 A school district or approved cooperative may not use special education funds for classes that are organized separately on the basis of school enrollment or religion of the children if:
015.04A The classes are at the same site; and
015.04B The classes include children enrolled in public schools and children enrolled in nonpublic schools.
015.05 A school district or approved cooperative may not use special education funds to finance the existing level of instruction in a nonpublic school or to otherwise benefit the nonpublic school.
015.05A A school district or approved cooperative shall use the special education funds provided to meet the special education and related services (FAPE or equitable services) needs of parentally-placed nonpublic school children with disabilities but not for meeting:
015.05A1 The needs of a nonpublic school; or
015.05A2 The general needs of the children enrolled in a nonpublic school.
015.06 A school district or approved cooperative may use special education funds to make public school personnel available in other than public facilities:
015.06A To the extent necessary to provide services designed for parentally-placed nonpublic school children with disabilities; and
015.06B If those services are not normally provided by the nonpublic school.
015.07 A school district or approved cooperative may use special education funds to pay for the services of an employee of a nonpublic school to provide special education and related services (FAPE or equitable services) if:
015.07A The employee performs the services outside of his or her regular hours of duty; and
015.07B The employee performs the services under public supervision and control.
015.08 A school district or approved cooperative may place equipment and supplies in a nonpublic school for the period of time needed for the provision of special education and related services.
015.08A The school district or approved cooperative shall ensure that the equipment and supplies placed in a nonpublic school:
015.08A1 Are used only for the purpose of providing special education and related services; and
015.08A2 Can be removed from the nonpublic school without remodeling the nonpublic school facilities.
015.08B The school district or approved cooperative shall remove equipment or supplies from a nonpublic school if:
015.08B1 The equipment and supplies are no longer needed for the purpose of providing special education and related services; or
015.08B2 Removal is necessary to avoid unauthorized use of the equipment and supplies for other than special education purposes.
015.08C No special education funds may be used for repairs, minor remodeling, or the construction of nonpublic school facilities.
015.09 A school district or approved cooperative must control and administer the funds used to provide special education and related services under 92 NAC 51-015.03G through 92 NAC 51-015.03I, and hold title to and administer materials, equipment, and property purchased with those funds for those uses and purposes provided in this Chapter.
016 Disciplinary Removal of Children with Disabilities
016.01 Change of Placement for Disciplinary Removals
016.01A For the purpose of removals of a child with a disability from the child's current educational placement under Section 016, a change of placement occurs if:
016.01A1 The removal is for more than 10 consecutive school days; or
016.01A2 The child is subjected to a series of removals that constitute a pattern:
016.01A2a Because the series of removals total more than 10 school days in a school year;
016.01A2b Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and
016.01A2c Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
016.01B The school district or approved cooperative determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.
016.01B1 This determination is subject to review through due process and judicial proceedings.
016.02 Authority of School Personnel
016.02A School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of subsection 016.02 of this Chapter, is appropriate for a child with a disability who violates a code of student conduct.
016.02B School personnel under subsection 016.02 may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent these alternatives are applied to children without disabilities) and for additional removals of not more than 10 consecutive school days in the same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under 92 NAC 51-016.01).
016.02B1 After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the school district or approved cooperative must provide services to the extent required under 92 NAC 51-016.02D.
016.02C For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to 92 NAC 51-016.02E, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures that would be applied to children without disabilities, except as provided in 92 NAC 51-016.02D.
016.02D A child with a disability who is removed from the child’s current placement pursuant to 92 NAC 51-016.02C or 016.02G must:
016.02D1 Continue to receive educational services, as provided in 92 NAC 51-004.01, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
016.02D2 Receive, as appropriate, a functional behavior assessment, behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.
016.02D3 The services described in 92 NAC 51-016.02D1, 016.02D2, 016.02D4, and 016.02D5 may be provided in an interim alternative educational setting.
016.02D4 A school district or approved cooperative is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.
016.02D5 After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under 92 NAC 51-016.01, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed as provided in 92 NAC 51-004.01, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
016.02D6 If the removal is a change of placement under 92 NAC 51-016.01, the child’s IEP team determines appropriate services under 92 NAC 51-016.02D.
016.02E Manifestation Determination
016.02E1 Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school district or approved cooperative, the parent, and relevant members of the child’s IEP team (as determined by the parent and the school district or approved cooperative) shall review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:
016.02E1a If the conduct in question was caused by or had a direct and substantial relationship to, the child’s disability; or
016.02E1b If the conduct in question was the direct result of the school district’s or approved cooperative’s failure to implement the IEP.
016.02E2 The conduct must be determined to be a manifestation of the child’s disability if the school district or approved cooperative, the parent, and relevant members of the child’s IEP team determine that a condition in either 92 NAC 51-016.02E1a or 016.02E1b was met.
016.02E3 If the school district or approved cooperative, the parent, and relevant members of the child’s IEP team determine the condition described in 92 NAC 51-016.02E1b was met, the school district or approved cooperative must take immediate steps to remedy those deficiencies.
016.02F If the school district or approved cooperative, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child’s disability, the IEP team must:
016.02F1 Either conduct a functional behavioral assessment, unless the school district or approved cooperative had conducted a functional behavioral assessment before the behavior that resulted in a change of placement occurred, and implement a behavioral intervention plan for the child; or if a behavioral intervention plan has already been developed, review the behavioral intervention plan and modify it, as necessary, to address the behavior; and
016.02F2 Except as provided in 92 NAC 51-016.02G, return the child to the placement from which the child was removed, unless the parent and the school district or approved cooperative agree to a change of placement as part of the modification of the behavioral intervention plan.
016.02G School personnel may remove a child to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child:
016.02G1 Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the Nebraska Department of Education or a school district or approved cooperative;
016.02G2 Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the Nebraska Department of Education or a school district or approved cooperative; or
016.02G3 Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the Nebraska Department of Education or a school district or approved cooperative.
016.02H On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the school district or approved cooperative shall notify the parents of that decision, and provide the parents the procedural safeguards in 92 NAC 51-009.
016.03 The interim alternative educational setting in 92 NAC 51-016.02C, 016.02D and
016.02G shall be determined by the child’s IEP team.
016.04 Appeals Regarding Placement in an Alternative Education Setting
016.04A The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under this subsection, or a school district or approved cooperative that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request a hearing by filing a petition pursuant to 92 NAC 55.
016.04B A hearing officer shall hear and make a determination regarding an appeal pursuant to 92 NAC 55 requested under 92 NAC 51-016.04A.
016.04C In making the determination under 92 NAC 51-016.04B, the hearing officer may:
016.04C1 Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of 92 NAC 51-016.02 or that the child’s behavior was a manifestation of the child’s disability; or
016.04C2 Order a change in placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
016.04C3 The procedures under 92 NAC 51-016.04 may be repeated, if the school district or approved cooperative believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.
016.04D Whenever a hearing is requested under 92 NAC 51-016.04A, the parents or the school district or approved cooperative involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements in 92 NAC 55, except as provided in 92 NAC 51-016.04D1 through 016.04D2b.
016.04D1 The Nebraska Department of Education is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within 10 school days after the hearing.
016.04D2 Unless the parents and school district or approved cooperative agree in writing to waive the resolution meeting described in 92 NAC 51-016.04D2a, or agree to use the mediation process described in 92 NAC 51-009.12 –
016.04D2a A resolution meeting must occur within seven days of receiving notice of the due process complaint; and
016.04D2b The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.
016.04D3 The decisions on expedited due process hearings are appealable consistent with 92 NAC 55.
016.05 When an appeal under 92 NAC 51-016.04 has been requested by either the parent or the school district or approved cooperative:
016.05A The child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in 92 NAC 51-016.02C, whichever occurs first, unless the parent and the school district or approved cooperative agree otherwise.
016.06 Protections for Children Not Yet Eligible for Special Education and Related Services
016.06A A child who has not been determined to be eligible for special education and related services, and who has engaged in behavior that violates a code of student conduct of the school district or approved cooperative, may assert any of the protections provided for in this Chapter if the school district or approved cooperative had knowledge (as determined in accordance with 92 NAC 51-016.06B) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
016.06B A school district or approved cooperative shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred:
016.06B1 The parent of the child has expressed concern in writing to supervisory or administrative personnel of the school district or approved cooperative, or a teacher of the child, that the child is in need of special education and related services;
016.06B2 The parent of the child requested an evaluation of the child pursuant to 92 NAC 51-006.02B1; or
016.06B3 The teacher of the child or other personnel of the school district or approved cooperative expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of the school district or approved cooperative or to other supervisory personnel of the school district or approved cooperative.
016.06C A school district or approved cooperative shall not be deemed to have the knowledge that the child is a child with a disability if:
016.06C1 The parent of the child has not allowed an evaluation of the child pursuant to 92 NAC 51-006; or
016.06C2 The parent of the child has refused services under this Chapter; or
016.06C3 The child has been evaluated pursuant to 92 NAC 51-006 and was determined to not be a child with a disability under this Chapter.
016.06D Conditions that Apply if No Basis of Knowledge
016.06D1 If a school district or approved cooperative does not have knowledge that a child is a child with a disability (in accordance with 92 NAC 51-016.06B or 016.06C) prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures applied to children without disabilities who engaged in comparable behaviors consistent with 92 NAC 51-016.06D2.
016.06D2 If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under 92 NAC 51-016.02, the evaluation shall be conducted in an expedited manner.
016.06D2a Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
016.06D2b If a child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the school district or approved cooperative and information provided by the parents, the school district or approved cooperative must provide special education and related services in accordance with this Chapter, including the requirements of 92 NAC 51-016.
016.07 Referral to and Action by Law Enforcement and Judicial Authorities
016.07A Nothing in this Chapter shall be construed to prohibit school districts or approved cooperatives from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
016.07B A school district or approved cooperative reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the school district or approved cooperative reports the crime.
016.07C A school district or approved cooperative reporting a crime under 92 NAC 51-016.07 may transmit copies of the child’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Education Rights and Privacy Act (FERPA).
Appendix A
Excerpts from the Individuals with Disabilities Education Act 2004 (IDEA 2004)
602(4) CORE ACADEMIC SUBJECTS. – The term ‘core academic subjects’ has the meaning given the term in Section 9101 of the Elementary and Secondary Education Act of 1965.
(Note: Section 9101 of the Elementary and Secondary Education Act of 1965 defines “core academic subjects” as follows:
Core Academic Subjects means English, reading or language arts, mathematics, science, foreign language, civics and government, economics, arts, history and geography.)
602(10) HIGHLY QUALIFIED. –
(A) In GENERAL – For any special education teacher, has the meaning given the term “high qualified” in Section 9101 of the Elementary and Secondary Education Act of 1965, except that such term also
(i) includes the requirements described in Subparagraph (B); and
(ii) includes the option for teachers to meet the requirements of Section 9101 of such Act by meeting the requirements of Subparagraph (C) and (D).
(B) REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS –
When used with respect to any public elementary school or secondary school special education teacher teaching in the State, such term means that –
(i) the teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher; except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State’s public charter school law;
(ii) the teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(iii) the teacher holds at least a bachelor’s degree.
(C) SPECIAL EDUCATION TEACHERS TEACHING TO ALTERNATE ACHIEVEMENT STANDARDS. – When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under the regulations promulgated under Section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, such term means the teacher, whether new or not new to the profession, may either—
(iii) meet the applicable requirements of Section 9101 of such Act for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
(iv) meet the requirements of Subparagraph (B) or (C) of Section 9101(23) of such Act as applied to an elementary school teacher, or, in the case of instruction above the elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively teach to those standards.
(D) SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE SUBJECTS – When used with respect to a special education teacher who teaches two or more core academic subjects exclusively to children with disabilities, such term means that the teacher may either –
(i) meet the applicable requirements of Section 9101 of the Elementary and Secondary Education Act of 1965 for any elementary, middle, or secondary school teacher who is new or not new to the profession;
(ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under Section 9101(23)(c)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
(iii) in the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under Section 9101(23)(c)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects, not later than two years after the date of employment.
(E) RULE OF CONSTRUCTION – Notwithstanding any other individual right of action that a parent or student may maintain under this part, nothing in this section or part shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a school district or approved cooperative employee to be highly qualified.
(F) DEFINITION FOR PURPOSES OF THE ESEA – A teacher who is highly qualified under this paragraph shall be considered highly qualified for purposes of the Elementary and Secondary Education Act of 1965.
602(18) LIMITED ENGLISH PROFICIENT. – The term ‘limited English proficient’ has the meaning given the term in Section 9101 of the Elementary and Secondary Education Act of 1965.
(Note: Section 9101 of the Elementary and Secondary Education Act of 1965 defines “Limited English Proficient” as follows:
The term “limited English proficient”, when used with respect to an individual, means an individual –
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C) (i) who was not born in the United States or whose native language is a language other than English
(ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual –
(i) the ability to meet the State’s proficient level of achievement on State assessments described in Section 1111(b)(3);
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.)
612(a)(16) PARTICIPATION IN ASSESSMENTS. –
(A) In General. – All children with disabilities are included in all general State and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act of 1965 with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs.
612(a)(16)(C)(ii)(II) If the State has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out Section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, measure the achievement of children with disabilities against those standards.
1413(a)(9) RECORDS REGARDING MIGRATORY CHILDREN WITH DISABILITIES. – The local education agency shall cooperate in the Secretary’s efforts under Section 1308 of the Elementary and Secondary Education Act of 1965 to ensure the linkage of records pertaining to migratory children with a disability for the purpose of electronically exchanging, among the States, health and educational information regarding such children. Scientifically based research has the meaning given the term in section 9101(37) of the ESEA.
614(a)(5)(A) SPECIAL RULE FOR ELIGIBILITY DETERMINATION. – In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is –
(A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in Section 1208(3) of the Elementary and Secondary Education Act of 1965;
History
- Effective 2026-08-09
Chapter 52 Regulations and Standards for the Provision of Early Intervention Services
Neb. Admin. Code tit. 92, ch. 52 Regulations and Standards for the Provision of Early Intervention Services {#sec-92-nac-52 omnilex-key=us-ne-regs-official--title-92--92 NAC 52}
001 Declaration of Responsibility
Neb. Rev. Stat. 43-2507 requires planning for FAPE early intervention services shall be the responsibility of each collaborating agency. The planning shall address a statewide FAPE early intervention services program (EISP) of comprehensive, coordinated, family-centered, community based, and culturally competent FAPE early intervention services to all eligible infants or toddlers with disabilities and their families in Nebraska.
002 Statutory Authority
This Chapter is adopted pursuant to the statutory authority vested in the Nebraska Department of Education in Neb. Rev. Stat. 43-2516, 43-2507.02, 79-1160, 79-318, and 79-319.
003 Definition of Terms
003.01 Approved Cooperative means two or more school districts or an Educational Service Unit (ESU) approved by the Nebraska Department of Education pursuant to 92 NAC 51-004.07 to jointly perform special education functions, including receipt of special education payments.
003.02 Child means an individual under the age of six and may include an infant or toddler with a disability as defined in 92 NAC 52-003.15.
003.03 Co-Lead Agencies means the Department of Health and Human Services and the State Department of Education.
003.04 Consent means that the parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language as defined in 92 NAC 52-003.17; the parent understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked).
003.05 Day means calendar day, unless otherwise indicated.
003.06 Early Intervention Services
003.06A Early intervention services means developmental services that --
003.06A1 Are provided under public supervision;
003.06A2 Are selected in collaboration with parents;
003.06A3 Are provided at no cost, except subject to 34 CFR 303.520 and 303.521, where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;
003.06A4 Are designed to meet the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant’s or toddler’s development, as identified by the IFSP Team, in any one or more of the following areas, including --
003.06A4a Physical development;
003.06A4b Cognitive development;
003.06A4c Communication development;
003.06A4d Social or emotional development; or
003.06A4e Adaptive development;
003.06A5 Meet the standards of the State in which the early intervention services are provided, including the requirements of Part C of the IDEA;
003.06A6 Include services identified under 003.06B;
003.06A7 Are provided by qualified personnel as that term is defined in 92 NAC 52-003.22, including the types of personnel listed in 003.06B;
003.06A8 To the maximum extent appropriate, are provided in natural environments as defined in 92 NAC 52-003.18 and consistent with 92 NAC 52-007.06; and
003.06A9 Are provided in conformity with an IFSP adopted in accordance with 92 NAC 52-007.
003.06B Subject to 92 NAC 52-003.06D, early intervention services include the following services defined in this paragraph:
003.06B1 Assistive Technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain, or improve the functional capabilities of an infant or toddler with a disability. The term does not include a medical device that is surgically implanted, including a cochlear implant, or the optimization (e.g. mapping), maintenance, or replacement of that device.
003.06B2 Assistive technology service means any service that directly assists an infant or toddler with a disability in the selection, acquisition, or use of an assistive technology device. The term includes;
003.06B2a The evaluation of the needs of an infant or toddler with a disability, including a functional evaluation of the infant or toddler with a disability in the child’s customary environment;
003.06B2b Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by infants or toddlers with disabilities;
003.06B3c Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
003.06Bd Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
003.06Be Training or technical assistance for an infant or toddler with a disability or, if appropriate, that child’s family; and
003.06Bf Training or technical assistance for professionals (including individuals providing education or rehabilitation services) or other individuals who provide services to, or are otherwise substantially involved in the major life functions of, infants and toddlers with disabilities.
003.06B3 Audiology services include:
003.06B3a Identification of children with auditory impairments, using at-risk criteria and appropriate audiological screening techniques;
003.06B3b Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures;
003.06B3c Referral for medical and other services necessary for the habilitation or rehabilitation of an infant or toddler with a disability who has an auditory impairment;
003.06B3d Provision of auditory training, aural rehabilitation, speech reading and listening devices, orientation and training, and other services;
003.06B3e Provision of services for prevention of hearing loss; and
003.06B3f Determination of the child’s individual amplification, including selecting, fitting, and dispensing appropriate listing and vibrotactile devices, and evaluating the effectiveness of those devices.
003.06B4 Family training; counseling; and home visits means services provided, as appropriate, by social workers, psychologists, and other qualified personnel to assist the family of an infant or toddler with a disability in understanding the special needs of the child and enhancing the special needs of the child and enhancing the child’s development.
003.06B5 Health services means services necessary to enable an otherwise eligible child to benefit from the other early intervention services during the time that the child is eligible to receive early intervention services.
003.06B5a The term includes such services as clean intermittent catherization, tracheotomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and consultation by physicians with other service providers concerning the special health care needs of infants and toddlers with disabilities that will need to be addressed in the course of providing other early intervention services.
003.06B5b The term does not include:
003.06B5b1 Services that are surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose); or related to the implementation, optimization (e.g., mapping), maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant.
003.06B5b1(a) Nothing in this Chapter limits the right of an infant or toddler with a disability with a surgically implanted device (e.g., cochlear implant) to receive the early intervention services that are identified in the child’s IFSP as being needed to meet the child’s developmental outcomes.
003.06B5b1(b) Nothing in this Chapter prevents the early intervention service provider from routinely checking that either the hearing aid or the external components of a surgically implanted device (e.g., cochlear implant) of an infant or toddler with a disability are functioning properly;
003.06B5b2 Devices (such as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes and pumps) necessary to control or treat a medical condition; and
003.06B5b3 Medical-health services (such as immunizations and regular “well-baby” care) that are routinely recommended for all children.
003.06B6 Medical services means services provided by a licensed physician for diagnostic or evaluation purposes to determine a child’s developmental status and need for early intervention services.
003.06B7 Nursing services include the assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems; the provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and the administration of medications, treatments, and regimens prescribed by a licensed physician.
003.06B8 Nutrition services include:
003.06B8a Conducting individual assessments in nutritional history and dietary intake; in anthropometric, biochemical and clinical variables; in feeding skills and feeding problems; and in food habits and food preferences;
003.06B8b Developing and monitoring appropriate plans to address the nutritional needs of children eligible under 92 NAC 52, based on the findings of the individual assessments in 92 NAC 52-003.06B8a; and
003.06B8b1 Making referrals to appropriate community resources to carry out nutrition goals.
003.06B9 Occupational therapy includes services to address the functional needs of an infant or toddler with a disability related to adaptive development, adaptive behavior, and play, and sensory, motor, and postural development. These services are designed to improve the child’s functional ability to perform tasks in home, school, and community settings, and include: identification, assessment, and intervention; adaptation of the environment, and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability.
003.06B10 Physical Therapy includes services to address the promotion of sensorimotor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation. These services include:
003.06B10a Screening, evaluation, and assessment of children to identify movement dysfunction;
003.06B10b Obtaining, interpreting and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and
003.06B10c Providing individual and group services or treatment to prevent, alleviate, or compensate for, movement dysfunction and related functional problems.
003.06B11 Psychological services includes:
003.06B11a Administering psychological and developmental tests and other assessment procedures;
003.06B11b Interpreting assessment results;
003.06B11c Obtaining, integrating and interpreting information about child behavior and child and child family conditions related to learning, mental health, and development; and
003.06B11d Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs.
003.06B12 Services coordination services means services provided by a services coordinator to assist and enable an infant or toddler with a disability and the child’s family to receive the services and rights, including procedural safeguards.
003.06B13 Sign language and cued language services include teaching sign language, cued language, and auditory/oral language, providing oral transliteration services (such as amplification), and providing sign and cued language interpretation.
003.06B14 Social work services includes:
003.06B14a Making home visits to evaluate a child’s living conditions and patterns of parent-child interaction;
003.06B14b Preparing a social or emotional developmental assessment of the infant or toddler within the family context;
003.06B14c Providing individual and family-group counseling with parents and other family members, and appropriate social skill-building activities with the infant or toddler with a disability and parents;
003.06B14d Working with those problems in the living situation (home, community, and any center where early intervention services are provided) of an infant or toddler with a disability and the family of that child that affect the child’s maximum utilization of early intervention services; and
003.06B14e Identifying, mobilizing and coordinating community resources and services to enable the infant or toddler with a disability and the family to receive maximum benefit from early intervention services.
003.06B15 Special Instruction includes:
003.06B15a The design of learning environments and activities that promote the infant’s or toddler’s acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;
003.06B15b Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the IFSP for the infant or toddler with a disability;
003.06B15c Providing families with information, skills, and support related to enhancing the skill development of the child; and
003.06B15d Working with the infant or toddler with a disability to enhance the child’s development.
003.06B16 Speech-language pathology services includes:
003.06B16a Identification of children with communication or language disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;
003.06B16b Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communication or language disorders and delays in development of communication skills; and
003.06B16c Provision of services for the habilitation, rehabilitation, or prevention of communication or language disorders and delays in development of communication skills.
003.06B17 Transportation and related costs include the cost of travel and other costs that are necessary to enable an infant or toddler with a disability and the child’s family to receive early intervention services.
003.06B18 Vision Services mean:
003.06B18a Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities that affect early childhood development;
003.06B18b Referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders or both; and
003.06B18c Communication skills training, orientation and mobility training for all environments, visual training, and additional training necessary to activate visual motor abilities.
003.06C The following are types of qualified personnel who provide early intervention services under Part C of the IDEA:
003.06C1 Audiologists;
003.06C2 Family therapists;
003.06C3 Nurses;
003.06C4 Occupational therapists;
003.06C5 Orientation and mobility therapists;
003.06C6 Pediatricians and other physicians for diagnostic and evaluation purposes;
003.06C7 Physical therapists;
003.06C8 Psychologists;
003.06C9 Registered dieticians;
003.06C10 Social Workers;
003.06C11 Special educators, including teachers of children with hearing impairments (including deafness) and teachers of children with visual impairments (including blindness);
003.06C12 Speech and language pathologists; and
003.06C13 Vision specialists, including ophthalmologists and optometrists.
003.06D The services and personnel identified in 003.06B and 003.06C do not comprise exhaustive lists of the types of services that may constitute early intervention services or the types of qualified personnel that may provide early intervention services. Nothing in this section prohibits the identification in the IFSP of another type of services as an early intervention service provided that the service meets the criteria identified in 003.06A or of another type of personnel that may provide early intervention services in accordance with this chapter, provided such personnel meet the requirements of 92 NAC 52-003.22.
003.07 Evaluation means the procedures used by qualified personnel to determine a child’s initial and continuing eligibility under this Chapter consistent with the definition of infant or toddler with a disability in 92 NAC 52-003.15.
003.08 FAPE early intervention services means those early intervention services that are part of a free appropriate public education for a child under 92 NAC 51. Such services must meet the requirements of both 92 NAC 51 and 92 NAC 52.
003.09 Free appropriate public education or FAPE, means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the requirements of 92 NAC 51 and the requirements of Part B of IDEA; include an appropriate preschool, elementary school or secondary school education in the state; and are provided in conformity with an individualized education program that meets the requirements of 92 NAC 51-007.
003.10 Homeless children means children who meet the definition given to homeless children and youth in Section 725 (42 U.S.C. 11434a) of the McKinney-Vento Assistance Act as amended in 42 USC 11431 et. seq.
003.11 Include or Including means that the items are not all of the possible items that are covered, whether like or unlike the ones named.
003.12 Indian includes an individual who is a member of an Indian tribe.
003.13 Indian tribe means any Federal or State Indian tribe, band, Rancheria, pueblo, colony, or community including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et. seq.).
003.14 Individualized Family Service Plan or IFSP means a written plan for providing early intervention services to an infant or toddler with a disability under this Chapter and the infant’s or toddler’s family that is based on the evaluation and assessment described in 92 NAC 52-006.05 through 006.07; that includes the content specified in 92 NAC 52-007; that is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained and that is developed in accordance with the IFSP procedures in 92 NAC 52-007.
003.15 Infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual --
003.15A Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:
003.15A1 Cognitive development,
003.15A2 Physical development, including vision and hearing,
003.15A3 Communication development,
003.15A4 Social or emotional development,
003.15A5 Adaptive development; or
003.15B Has a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay; and includes conditions such as chromosomal abnormalities, genetic or congenital disorders, sensory impairments, inborn errors of metabolism, disorders reflecting disturbance of the development of the nervous system, congenital infections, severe attachment orders, and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; or
003.15C Is experiencing any of the other disabilities described in 92 NAC 51-006.04.
003.15D Toddlers with disabilities who reach age three during the school year shall remain eligible throughout that school year.
003.16 Multidisciplinary means the involvement of two or more separate disciplines or professions and with respect to:
003.16A The evaluation of the child and assessments of the child and family, may include one individual who is qualified in more than one discipline or profession; and
003.16B Pursuant to 480 NAC 10, the IFSP team must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the services coordinator.
003.17 Native language:
003.17A When used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the IDEA) native language means the language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child except for evaluations and assessments conducted pursuant to 92 NAC 52-006.05D, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.
003.17B When used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, includes the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).
003.18 Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of 92 NAC 52-007.06.
003.19 Notice means prior written notice that must be provided to parents a reasonable time before the school district or approved cooperative proposes or refuses to initiate or change the identification, evaluation, or placement of the infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and their family.
003.20 Parent means:
003.20A A biological or adoptive parent of a child;
003.20B A guardian generally authorized to act as the child’s parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State);
003.20C An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
003.20D A surrogate parent who has been appointed in accordance with 92 NAC 52-009.04.
003.20E Except as provided in 92 NAC 52-003.20E1 the biological or adoptive parent, when attempting to act as the parent under 92 NAC 52 and when more than one party is qualified under 92 NAC 52-003.20 to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child.
003.20E1 If a judicial decree or order identifies a specific person or persons under 92 NAC 52-003.20A through 003.20D to act as the “parent” of a child to make educational or early intervention service decisions on behalf of a child, then the person or persons must be determined to be the “parent” for purposes of this Chapter, except that if an early intervention service provider or a public agency provides any services to a child or any family member of that child, that early intervention service provider or public agency may not act as the parent for that child.
003.21 Public agency as used in this Chapter includes the Nebraska Department of Education and any other agency or political subdivision of the State.
003.22 Qualified personnel means personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services.
003.23 Screening Procedures means activities that are carried out under 92 NAC 52-006.03 by the school district or approved cooperative to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services; and includes the administration of appropriate instruments by personnel trained to administer those instruments. Screening is an optional procedure.
003.24 School year for an infant or toddler with a disability shall be September 1 through August 31.
003.25 Scientifically based research has the meaning given the term in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). In applying the ESEA to the regulations in this Chapter any reference to “education activities and programs” refers to “early intervention services”.
004 Responsibility for Early Intervention
004.01 General Responsibility
004.01A Early identification of infants and toddlers with disabilities is provided by the Co-Lead Agencies through a public awareness campaign and a central directory.
004.01B School districts and approved cooperatives shall provide early identification of infants and toddlers with disabilities through the child find activities described in Section 006.01 through 006.01C of this Chapter.
004.01C School districts and approved cooperatives shall provide, at no cost to families, evaluations and assessments of infants and toddlers who are referred because of possible disabilities in order to determine eligibility for early intervention services.
004.01D Services coordination services and the development of the IFSPs are provided to infants and toddlers with disabilities at no cost to families by the Department of Health and Human Services pursuant to 480 NAC 10.
004.01E School districts and approved cooperatives shall provide FAPE early intervention services (those early intervention services that are part of FAPE under 92 NAC 51) to eligible infants and toddlers with disabilities at no cost to families.
004.01F For other early intervention services not mandated by the Special Education Act (early intervention services that are not part of FAPE under 92 NAC 51) and not paid for through any other source, including, but not limited to, insurance, Medicaid, or third-party payor, payment for such services shall be the responsibility of the parent, guardian, or other person responsible for the eligible infant or toddler.
004.01G Each school district or approved cooperative that has a direct role in the provision of FAPE early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child’s IFSP. However, 92 NAC 52 does not require that any school district or approved cooperative be held accountable if an eligible child does not achieve the growth projected in the child’s IFSP.
004.02 Monitoring and Enforcement
004.02A All school districts and approved cooperatives must comply with the requirements of this Chapter concerning the provision of FAPE early intervention services to infants and toddlers with disabilities and will be monitored for compliance with such regulations at least once every three years.
004.02B Failure to comply with the provisions of state and federal statute and administrative rules concerning FAPE early intervention services for infants and toddlers with disabilities shall result in notification to the school district or approved cooperative of specific program deficiencies by the NDE Office of Special Education.
004.02C School districts or approved cooperatives providing FAPE early intervention services shall be afforded 45 calendar days to respond to the initial notification with a report of the resolution of deficiencies or a plan for resolution.
004.02D School districts or approved cooperatives failing to respond as set forth in 92 NAC 52-004.02C shall be afforded an additional 30 calendar days following contact from the Administrator of the NDE Office of Special Education or the designee of the Administrator to submit a plan for resolution of deficiencies.
004.02E Deficiencies must be corrected as soon as possible, and in no case later than one year after the school district or approved cooperative has been notified of the non-compliance. Deficiencies not corrected according to the timelines set forth in 92 NAC 52-004.02 shall be subject to the procedures outlined in 92 NAC 51-004.09.
004.02F School districts or approved cooperatives not meeting the requirements of this Chapter concerning the provision of FAPE early intervention services to infants and toddlers shall be in violation of the law. No state or federal funds shall be paid as long as such violation exists, but no deduction shall be made from any funds required by the Constitution of the State of Nebraska to be paid to such program.
004.03 Reporting of Information Regarding Infants and Toddlers with Disabilities
004.03A Individual child information shall be reported electronically via the NDE Portal. Each school district or approved cooperative shall maintain and report the following information for infants and toddlers with disabilities receiving services according to an Individual Family Service Plan (IFSP).
004.03A1 Name (or identifier approved by the Nebraska Department of Education) and birthdate;
004.03A2 County and district of legal residence;
004.03A3 Program setting;
004.03A4 Type of disability;
004.03A5 Race/ethnicity and gender;
004.03A6 Type(s) of service received;
004.03A7 Date and reason for exiting FAPE early intervention services;
004.03A8 State Ward Status and indication of appointment of surrogate, if required; and
004.03A9 Initial verification date and disability pursuant to 92 NAC 52-006.
004.03B This data shall be updated at least annually to reflect change(s) in the information in 92 NAC 52-004.03C and 004.03D.
004.03C School districts, approved cooperatives and state operated schools shall prepare an accurate and unduplicated child count as of October 1 of each year. The October 1 child count must be approved and submitted by the district administrator or designee via the portal on or before October 31 of each year.
004.03D School districts, approved cooperatives and state operated schools shall prepare an accurate and unduplicated year-end child count as of June 30 of each year. The June 30 year-end child count must be approved and submitted by the district administrator or designee via the portal on or before June 30 of each year.
005 Early Childhood Interagency Planning Region Teams
005.01 Each school district shall demonstrate participation in a plan of services for children with disabilities who are less than five years of age. Such plans shall be prepared by each planning region established pursuant to Neb. Rev. Stat. 79-1135 and be updated annually and shall address:
005.01A Gaps and barriers in service delivery;
005.01B Child Find;
005.01C Training and technical assistance;
005.01D Parent involvement; and
005.01E Resources.
005.02 Annual Meetings
005.04A The annual meeting must be conducted prior to July 1 of each year.
005.04B The date and place of the annual meeting shall be disseminated within the region so that all school districts, approved cooperatives, service providers, parents, and non-public agencies serving children below age five have access to the information.
005.04C A written report of the annual meeting shall be prepared, which includes a list of participants and identified gaps and barriers. The written report shall be submitted to the Nebraska Department of Education.
006 Identification, Referral and Eligibility Determination of Infants and Toddlers with Disabilities
006.01 School districts and approved cooperatives, as part of the child find system, must ensure that all infants and toddlers with disabilities within the district or approved cooperative who are eligible for early intervention services are identified, located and evaluated, including:
006.01A Indian infants and toddlers with disabilities residing on a reservation geographically located in the State (including coordination, as necessary, with tribes, tribal organization, and consortia);
006.01B Infants and toddlers with disabilities who are homeless, in foster care and wards of the State; and
006.01C Infants and toddlers with disabilities who are the subjects of substantiated cases of child abuse or neglect, or are identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.
006.01D Referral Procedures
006.01D1 School districts and approved cooperatives shall refer a child under the age of three to the agency responsible for providing services coordination in the Planning Region as soon as possible but in no case later than seven (7) days after becoming aware that the child may be eligible for early intervention services.
006.01D2 A child under the age of three who is the subject of a substantiated case of child abuse or neglect; or is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure must be referred to the Early Intervention Program (the agency responsible for providing services coordination in the Planning Region).
006.02 Post-Referral (45 Days) Timeline
006.02A Except as provided in 92 NAC 52-006.02B, school districts and approved cooperatives shall complete any screening under 92 NAC 52-006.03 (if the parent consents); the initial evaluation and the initial assessments of the child and the family under 92 NAC 52-006.05; and shall participate in the initial Individualized Family Service Plan (IFSP) meeting under 92 NAC 52-007.03 within 45 calendar days from the date of referral.
006.02B Subject to 92 NAC 52-006.02C, the 45 calendar day timeline described in 92 NAC 52-006.02A does not apply for any period when:
006.02B1 The child or parent is unavailable to participate in the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child’s early intervention records; or
006.02B2 The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the services coordinator to obtain parental consent.
006.02C In the event the circumstances described in 92 NAC 52-006.02B1 or 006.02B2 exist:
006.02C1 The Services Coordinator will document in the child’s early intervention records the exceptional family circumstances or repeated attempts by the early intervention service provider to obtain parental consent pursuant to 480 NAC 10.
006.02C2 The school district or approved cooperative must complete the screening (if applicable), the initial evaluation, the initial assessments (of the child), and participate in the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in 92 NAC 52-006.02B no longer exist or parental consent is obtained for the screening (if applicable), the initial evaluation, and the initial assessment of the child; and
006.02C3 The services coordinator will develop and implement an interim IFSP, to the extent appropriate pursuant to 480 NAC 10.
006.03 Screening
006.03A The school district or approved cooperative may adopt procedures consistent with requirements of 92 NAC 52-006.03, to screen children under the age of three who have been referred to the agency responsible for services coordination in the Planning Region to determine whether they are suspected of having a disability. If the school district or approved cooperative proposes to screen a child it must notify the services coordinator who will:
006.03A1 Provide the parent notice pursuant to 480 NAC 10 of the school district’s or approved cooperative’s intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent’s right to request an evaluation under 92 NAC 52-006 at any time during the screening process; and
006.03A2 Obtain parental consent pursuant to 480 NAC 10 before the school district or approved cooperative conducts the screening procedures.
006.03B If the parent consents to the screening and the screening or other available information indicates that the child is:
006.03B1 Suspected of having a disability, the services coordinator pursuant to 480 NAC 10 will provide notice and obtain parental consent at which time an evaluation and assessment of the child shall be conducted by the school district or approved cooperative.
006.03B2 Not suspected of having a disability, the school district or approved cooperative shall ensure that notice of that determination is provided to the parent under 92 NAC 52-009.03B, and that the notice describes the parent’s right to request an evaluation.
006.03C If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child shall be conducted under 92 NAC 52-006, even if the school district or approved cooperative has determined under 92 NAC 52-006.03B2 that the child is not suspected of having a disability.
006.03D For every child under the age of three who is referred for early intervention services or screened in accordance with 92 NAC 52-006.03A, the school district or approved cooperative is not required to:
006.03D1 Provide an evaluation of the child under 92 NAC 52-006 unless the child is suspected of having a disability or the parent requests an evaluation under 92 NAC 52-006.03C; or
006.03D2 Make FAPE early intervention services available under 92 NAC 52 to the child unless a determination is made that the child meets the definition of infant or toddler with a disability under 92 NAC 52-003.15.
006.03E The screening must be conducted utilizing appropriate instruments by individuals with training to administer those instruments.
006.04 Eligibility for FAPE early intervention services is established when the school district or approved cooperative determines that the infant or toddler is experiencing a developmental delay as described in 92 NAC 52-006.04A or any of the other disabilities described in 92 NAC 51-006.04.
006.04A To qualify for early intervention services in the category of developmental delay, the child shall have either:
006.04A1 A diagnosed physical or mental condition that has a high probability of resulting in a substantial developmental delay in the areas described in 92 NAC 52-006.04A2; and includes conditions such as chromosomal abnormalities; genetic or congenital disorders, sensory impairments; inborn errors of metabolism; disorders reflecting disturbances of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; or
006.04A2 A significant developmental delay as defined in 92 NAC 52-006.04B and as measured by appropriate diagnostic instruments and procedures, in function in one or more of the following areas and by reason thereof, needs early intervention services:
006.04A2a Cognitive development;
006.04A2b Physical development, including vision and hearing;
006.04A2c Communication development;
006.04A2d Social or emotional development; or
006.04A2e Adaptive development.
006.04B Significant delay is defined as:
006.04B1 At least 2.0 standard deviations below the mean in one area of development contained in 92 NAC 52-006.04A2a through 006.04A2e; or
006.04B2 At least 1.3 standard deviations below the mean in two areas of development contained in 92 NAC 52-006.04A2a through 006.04A2e.
006.05 Evaluation of the Child and Assessment of the Child
006.05A The school district or approved cooperative must ensure that, subject to obtaining parental consent, each child under the age of three who is referred for evaluation or early intervention services and suspected of having a disability, receives:
006.05A1 A timely, comprehensive, multidisciplinary evaluation of the child in accordance with 92 NAC 52-006.06 unless eligibility is established under 92 NAC 52-006.05B; and
006.05A2 If the child is determined eligible as an infant or toddler with a disability as defined in 92 NAC 52-003.15, a multidisciplinary assessment of the unique strengths and needs of that infant or toddler and the identification of services appropriate to meet those needs.
006.05B A child’s medical and other records may be used to establish eligibility (without conducting an evaluation of the child) under 92 NAC 52 if those records indicate that the child’s level of functioning in one or more of the developmental areas identified in 92 NAC 52-003.15 constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under 92 NAC 52-003.15 and 92 NAC 52-006.04.
006.05B1 If the child’s eligibility is established under 92 NAC 52-006.05B, the school district or approved cooperative must conduct an assessment of the child in accordance with 92 NAC 52-006.07.
006.05B2 Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the school district or approved cooperative shall ensure that informed clinical opinion may be used as an independent basis to establish a child’s eligibility even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under 92 NAC 52-006.06.
006.05C All evaluations and assessments of the child shall be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.
006.05D Unless clearly not feasible to do so, school districts or approved cooperatives must conduct all evaluations and assessments of the child in the native language of the child, in accordance with the definition of native language in 92 NAC 52-003.17.
006.06 Procedures for Evaluation of the Child to Determine Eligibility
006.06A In conducting an evaluation, no single procedure may be used as the sole criterion for determining a child’s eligibility. Procedures must include:
006.06A1 Administering an evaluation instrument;
006.06A2 Taking the child’s history (including interviewing the parent);
006.06A3 Identifying the child’s level of functioning in each of the developmental areas in 92 NAC 52-003.15 and 92 NAC 52-006.04.
006.06A4 Gathering information from other sources such as family members, other caregivers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child’s unique strengths and needs; and
006.06A5 Reviewing medical, educational, or other records.
006.07 Procedures for Assessment of the Child
006.07A An assessment of each infant or toddler with a disability must be conducted by qualified personnel in order to identify the child’s unique strengths and needs and the early intervention services appropriate to meet those needs. The assessment of the child must include the following:
006.07A1 A review of the results of the evaluation conducted under 92 NAC 51-006.06;
006.07A2 Personal observations of the child; and
006.07A3 The identification of the child’s needs in each of the developmental areas in 92 NAC 52-003.15 and 92 NAC 52-006.04.
006.08 If, based on the evaluation conducted under 92 NAC 52-006, the school district or approved cooperative determines that a child is not eligible, the school district or approved cooperative must provide the parent with prior written notice required in 92 NAC 52-009.03B and include in the notice information about the parent’s right to dispute the eligibility determination through dispute resolution mechanisms under 92 NAC 52-009.05 through 009.08, such as requesting a due process hearing or mediation or filing a State complaint.
006.09 Multidisciplinary Team Written Report
006.09A The team shall prepare a written report of the results of the child’s evaluation and assessment.
006.09A1 The report shall include a statement of:
006.09A1a Whether the child qualifies as an infant or toddler with a disability based on the criteria and definitions contained in 92 NAC 52-006 or 92 NAC 51-006.04;
006.09A1b The basis for making the determination including the results of the evaluation; and
006.09A1c The child’s unique strengths and needs in each of the developmental areas:
cognitive development; physical development; communication development; social and emotional development and adaptive development;
006.09A1d A listing of the team members that must include the parent and individuals representing two or more separate disciplines pursuant to 92 NAC 52-003.20 and 92 NAC 52-003.16B.
006.09A2 Each team member shall certify in writing whether the report reflects his or her conclusion. If the report does not reflect his or her conclusion, the team member shall submit a separate statement presenting his or her conclusion.
006.10 A copy of the multidisciplinary team report shall be given to the parent and services coordinator at no cost consistent with 92 NAC 52-009.02F3.
007 Individual Family Service Plan (IFSP)
007.01 For each infant or toddler with a disability, the school district or approved cooperative shall participate in the development, review, and implementation of an Individualized Family Service Plan (IFSP) developed by a multidisciplinary team, which includes the parent.
007.02 Procedure for IFSP development, review and evaluation
007.02A For a child referred for early intervention services and determined to be eligible as an infant or toddler with a disability, the school district or approved cooperative shall participate in a meeting to develop the initial IFSP within the 45 calendar day time period described in 92 NAC 52-006.02.
007.02B The school district or approved cooperative shall participate in a review of the IFSP for a child and the child’s family every six months, or more frequently if conditions warrant, or if the family requests such a review. The purpose of the periodic review is to determine: the degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and whether modification or revision of the results, outcomes, or early intervention services identified in the IFSP is necessary.
007.02C The school district or approved cooperative shall participate on at least an annual basis in the meeting to evaluate and revise, as appropriate, the IFSP for a child and the child’s family. The results of any current evaluations and other information available from the assessments of the child and family conducted under 92 NAC 52-006 shall be used by the school district or approved cooperative in determining the FAPE early intervention services that are appropriate and will be provided.
007.02D The school district or approved cooperative shall ensure that all IFSP meetings and reviews are conducted in the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.
007.02E The school district or approved cooperative shall provide each FAPE early intervention service as soon as possible but in no case later than 30 days after the parent provides consent for that service. The school district or approved cooperative is not responsible for providing early intervention services that are not FAPE early intervention services.
007.03 Initial and Annual IFSP Team Meetings
007.03A The district or approved cooperative shall ensure that the following individuals participate in each initial IFSP meeting and each annual IFSP Team meeting.
007.03A1 A person or persons directly involved in conducting the evaluations and assessments in 92 NAC 52-006;
007.03A2 As appropriate, persons who will be providing FAPE early intervention services under this Chapter to the child or family; and
007.03A3 A representative of the school district or approved cooperative who has the authority to commit resources.
007.03B If a person listed in 92 NAC 52-007.03A1 is unable to attend a meeting, arrangements must be made for the person’s involvement through other means, including one of the following:
007.03B1 Participating in a telephone conference call;
007.03B2 Having a knowledgeable authorized representative attend the meeting; or
007.03B3 Making pertinent records available at the meeting.
007.04 The school district or approved cooperative shall provide information to assist in the development of an IFSP: 480 NAC 10 requires that the IFSP contains the following components:
007.04A A statement of the infant or toddler with a disability’s present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child’s evaluation and assessments conducted under 92 NAC 52-006.05.
007.04B A statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family and the criteria, procedures, and timelines used to determine:
007.04B1 The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and
007.04B2 Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary.
007.04C A statement of the specific early intervention services, based on peer reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in 92 NAC 52-007.04B including:
007.04C1 The length, duration, frequency, intensity, and method of delivering the early intervention services;
007.04C1a Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis;
007.04C1b Method means how a service is provided (such as individually or in a group);
007.04C1c Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period);
007.04C1d Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes of his or her IFSP).
007.04C2 A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with 92 NAC 52-003.06, 003.18, and 007.06 or subject to 007.04C3, a justification as to why an early intervention service will not be provided in the natural environment.
007.04C3 The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service that must be:
007.04C3a Made by the IFSP Team (which includes the parent and other team members);
007.04C3b Consistent with the provisions in 92 NAC 52-003.14 and 92 NAC 52-007.06; and
007.04C3c Based on the child’s outcomes that are identified by the IFSP Team in 92 NAC 52-007.04B.
007.04C4 The location of the early intervention services;
007.04C5 For children who are at least three years of age, an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.
007.04D The projected date for the initiation of each early intervention service in 92 NAC 52-007.04C, which date must be as soon as possible after the parent consents to the service, but not later than 30 days of receipt of parental consent, as required in 92 NAC 52-007.02E.
007.05 Interim IFSPs A school district or approved cooperative may commence FAPE early intervention services for an eligible child and the child’s family before the completion of the evaluation and assessments in 92 NAC 52-006.05 through 006.07, if the following conditions are met:
007.05A1 Parental consent is obtained by the services coordinator.
007.05A2 An interim IFSP is developed that includes:
007.05A2a The name of the services coordinator who will be responsible for implementing the interim IFSP and coordinating with other agencies and persons;
007.05A2b The name of the school district or approved cooperative representative who has the authority to commit district resources; and
007.05A2c The FAPE early intervention services that have been determined to be needed immediately by the child and the child’s family.
007.05A3 Evaluations and assessments are completed within the 45 calendar day timeline in 92 NAC 52-006.02.
007.06 Natural Environments
007.06A To the maximum extent appropriate, FAPE early intervention services provided by the school district or approved cooperative shall be provided in natural environments including home and community settings in which children without disabilities participate.
007.06B The provision of FAPE early intervention services for any infant or toddler may occur in a setting other than a natural environment only when FAPE early intervention cannot be achieved satisfactorily in a natural environment, as determined by the parent and the IFSP Team.
007.07 Year Round Continuous Services
007.07A FAPE early intervention services provided by the school district or approved cooperative may not be interrupted or modified or otherwise changed for reasons unrelated to the child’s needs such as service provider availability or scheduling.
008 Transition to Preschool and Other Programs for Infants and Toddlers Below Age Three
008.01 Transition Planning
008.01A Pursuant to 480 NAC 10, if a toddler with a disability may be eligible for preschool services under 92 NAC 51, the services coordinator, with the approval of the family of the toddler, convenes a conference, among the family, and the school district or approved cooperative not fewer than 90 days, and, at the discretion of all parties, not more than 9 months, before the toddler’s third birthday to discuss any services the toddlers may receive under 92 NAC 51; and
008.01B If the school district or approved cooperative determines that a toddler with a disability is not potentially eligible for services under Part B of IDEA, the services coordinator, pursuant to 480 NAC 10 with the approval of the family of that toddler, makes reasonable efforts to convene a conference among the family, and providers of other appropriate services for the toddler to discuss appropriate services that the toddler may receive.
008.02 Any child served pursuant to 92 NAC 52 has the right, at any time, to receive FAPE, if qualified, (as that term is defined at 92 NAC 52-003.07) under 92 NAC 51 instead of FAPE early intervention services under 92 NAC 52.
008.03 School districts and approved cooperatives shall continue to provide all FAPE early intervention services identified in the toddler with a disability’s IFSP under 92 NAC 52-007 (and consented to by the parent under 92 NAC 52-007.02E) beyond age three until that toddler begins receiving services under 92 NAC 51. This provision does not apply if the school district or approved cooperative has requested parental consent for an evaluation under 92 NAC 51-009.08 and the parent has not provided that consent.
008.04 For toddlers with disabilities age three and older, the school district or approved cooperative shall ensure a smooth transition to preschool by:
008.04A Participating in a transition conference, between the parents and the school district or approved cooperative, not fewer than 90 days and, at the discretion of all parties, not more than 9 months before the child will no longer be eligible to receive, or no longer receives, FAPE early intervention services under this section, to discuss any services that the child may receive under 92 NAC 51; and
008.04B Establishing a transition plan in the IFSP not fewer than 90 days and, at the discretion of all parties, not more than 9 months before the child will no longer be eligible to receive, or no longer receives FAPE early intervention services under this section.
009 Procedural Safeguards
009.01 Confidentiality and Notice to Parents
009.01A The school district or approved cooperative must ensure that the parents of a child referred for early intervention services are afforded the right to confidentiality of personally identifiable information, including the right to written notice of, and written consent to, the exchange of that information among agencies, consistent with Federal and State laws.
009.01B The parents of infants or toddlers who are referred to, or receive early intervention services, are afforded the opportunity to inspect and review all early intervention records about the child and the child’s family that are collected, maintained, or used under 92 NAC 52, including records related to evaluations and assessments, screening, eligibility determinations, development and implementation of IFSPs, provision of FAPE early intervention services, individual complaints involving the child, or any part of the child’s early intervention record under 92 NAC 52.
009.01B1 The confidentiality procedures described in 92 NAC 52-009.01B apply to the personally identifiable information of a child and the child’s family that:
009.01B1a Is contained in early intervention records collected, used, or maintained by the school district or approved cooperative; and
009.01B1b Applies from the point in time when the child is referred for early intervention services under 92 NAC 52 until the later of when the participating agency is no longer required to maintain or no longer maintains that information under applicable Federal and State laws.
009.02 Records
009.02A The following definitions apply to 92 NAC 52-009.01 through 009.02M2:
009.02A1 Destruction means physical destruction of the record or ensuring that personal identifiers are removed from a record so that the record is no longer personally identifiable under 92 NAC 52-009.02A4.
009.02A2 Early intervention records mean all records regarding a child that are required to be collected, maintained, or used under 92 NAC 52.
009.02A3 Participating agency means any school district or approved cooperative that collects, maintains, or uses personally identifiable information to implement the requirements in 92 NAC 52.
009.02A4 Personally identifiable information means personally identifiable information as defined in 34 CFR 99.3, as amended, except that the term “student” in the definition of personally identifiable information in 34 CFR 99.3 means “child” as used in 92 NAC 52 and any reference to “school” means school district or approved cooperative as used in 92 NAC 52.
009.02B Access Rights
009.02B1 Each participating agency must permit parents to inspect and review any early intervention records relating to their children that are collected, maintained, or used by the agency under 92 NAC 52. The agency must comply with a parent’s request to inspect and review records without unnecessary delay and before any meeting regarding an IFSP, or any hearing pursuant to 92 NAC 55, and in no case more than 10 days after the request has been made.
009.02B2 The right to inspect and review early intervention records under this section includes:
009.02B2a The right to a response from the participating agency to reasonable requests for explanations and interpretations of the early intervention records.
009.02B2b The right to request that the participating agency provide copies of the early intervention records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and
009.02B2c The right to have a representative of the parent inspect and review the early intervention records.
009.02B3 An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been provided documentation that the parent does not have the authority under applicable State laws governing such matters as custody, foster care, guardianship, separation, and divorce.
009.02C Record of access
009.02C1 Each participating agency must keep a record of parties obtaining access to early intervention records collected, maintained, or used under 92 NAC 52 (except access by parents and authorized representatives and employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the early intervention records.
009.02D Records on more than one child
009.02D1 If any early intervention record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.
009.02E List of types and locations of information
009.02E1 Each participating agency must provide parents, on request, a list of the types and locations of early intervention records collected, maintained, or used by the agency.
009.02F Fees for records
009.02F1 Each participating agency may charge a fee for copies of records that are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records, except as provided in 92 NAC 52-009.02F3.
009.02F2 A participating agency may not charge a fee to search for or to retrieve information under this Chapter.
009.02F3 A participating agency must provide at no cost to parents, a copy of each evaluation, assessment of the child, family assessment, and IFSP as soon as possible but in no case more than seven days after each IFSP meeting.
009.02G Amendment of records at a parent’s request
009.02G1 A parent who believes that information in the early intervention records collected, maintained, or used is inaccurate, misleading, or violates the privacy or other rights of the child or parent may request that the participating agency that maintains the information amend the information.
009.02G2 The participating agency must decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
009.02G3 If the participating agency refuses to amend the information in accordance with the request, it must inform the parent of the refusal and advise the parent of the right to a hearing under 92 NAC 52-009.02H.
009.02H Opportunity for a hearing
009.02H1 The participating agency must, on request, provide parents with the opportunity for a hearing to challenge information in their child’s early intervention records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parents. A parent may request a hearing under the participating agencies’ procedures that are consistent with the FERPA hearing requirements in 34 CFR 99.22).
009.02I Result of hearing
009.02I1 If, as a result of the hearing, the participating agency decides that the information is inaccurate, misleading or in violation of the privacy or other rights of the child or parent, it must amend the information accordingly and so inform the parent in writing.
009.02I2 If, as a result of the hearing, the agency decides that the information is not inaccurate, misleading, or in violation of the privacy or other rights of the child or parent, it must inform the parent of the right to place in the early intervention records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.
009.02I3 Any explanation placed in the early intervention records of the child under this section must:
009.02I3a Be maintained by the agency as part of the early intervention records of the child as long as the record or contested portion is maintained by the agency; and
009.02I3b If the early intervention records of the child or the contested portion are disclosed by the agency to any party, the explanation must also be disclosed to the party.
009.02J Hearing procedures
009.02J1 A hearing held under 92 NAC 52-009.02H must be conducted according to the procedures under 34 CFR 99.22.
009.02K Consent prior to disclosure or use
009.02K1 Except as provided in 92 NAC 52-009.02K2, prior parental consent must be obtained before personally identifiable information is:
009.02K1a Disclosed to anyone other than authorized representatives, officials, or employees of participating agencies collecting, maintaining, or using the information under 92 NAC 52, subject to 92 NAC 52-009.02K2; or
009.02K1b Used for any purpose other than meeting a requirement of this part.
009.02K2 A participating agency may not disclose personally identifiable information, as defined in 92 NAC 52-009.02A4, to any party except participating agencies (including the co-lead agencies and early intervention service providers) that are part of the State’s early intervention system without parental consent unless authorized to do so pursuant to 34 CFR 303.414(b).
009.02K3 The school district or approved cooperative must provide policies and procedures to be used when a parent refuses to provide consent under 92 NAC 52 (such as a meeting to explain to the parents how their failure to consent affects the ability of their child to receive services under this Chapter) provided that those procedures do not override a parent’s right to refuse consent under 92 NAC 52-009.03A.
009.02L Safeguards
009.02L1 Each participating agency must protect the confidentiality of personally identifiable information at the collection, maintenance, use, storage, disclosure, and destruction stages.
009.02L2 One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information.
009.02L3 All persons collecting or using personally identifiable information must receive training or instruction regarding the State’s policies and procedures under 92 NAC 52-009.01 through 009.02M and 34 CFR Part 99.
009.02L4 Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.
009.02M Destruction of information
009.02M1 The participating agency must inform parents when personally identifiable information collected, maintained, or used under 92 NAC 52 is no longer needed to provide services to the child under Part C of the IDEA, the GEPA provisions in 20 U.S.C. 1232f, and EDGAR, 34 CFR parts 76 and 80.
009.02M2 Subject to 92 NAC 52-009.02M1, the information must be destroyed at the request of the parents. However, a permanent record of a child’s name, date of birth, parent contact information (including address and phone number), names of services coordinator(s) and early intervention service provider(s), and exit data (including year and age upon exit, and any programs entered into upon exiting) may be maintained without time limitation.
009.03 Parental Consent and Notice
009.03A Parental consent and ability to decline services
009.03A1 Pursuant to 480 NAC 10, the services coordinator must ensure parental consent is obtained before:
009.03A1a Administering screening procedures under 92 NAC 52-006.03 that are used to determine whether a child is suspected of having a disability;
009.03A1b Initial evaluation and assessments of the child are conducted under 92 NAC 52-006.04 through 006.07; and
009.03A1c FAPE early intervention services are provided to the child under 92 NAC 52.
009.03A2 School districts or approved cooperatives shall ensure parental consent is obtained before:
009.03A2a All evaluation and assessments of the child are conducted pursuant to 92 NAC 52-006.04 through 006.07 except those provided in 009.03A1b;
009.03A2b Public benefits or private insurance is used to pay for FAPE early intervention services if such consent is required under 92 NAC 52-011.03C and 011.04A; and
009.03A2c Disclosure of personally identifiable information by the school district or approved cooperative consistent with 92 NAC 52-009.02K.
009.03A3 If a parent does not give consent under 92 NAC 52-009.03A2a the school district or approved cooperative must make reasonable efforts to ensure that the parent:
009.03A3a Is fully aware of the nature of the evaluation and assessment of the child or FAPE early intervention services that would be available; and
009.03A3b Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.
009.03A4 The school district or approved cooperative may not use the due process hearing procedures under 92 NAC 55 to challenge a parent’s refusal to provide any consent that is required under 92 NAC 52-009.03A2.
009.03A5 The parents of an infant or toddler with a disability;
009.03A5a Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service at any time, in accordance with State law; and
009.03A5b May decline a service after first accepting it, without jeopardizing other FAPE early intervention services under 92 NAC 52.
009.03B Prior written notice and procedural safeguards notice
009.03B1 Except for initial evaluation and assessment, prior written notice must be provided by the school district or approved cooperative to parents a reasonable time before the school district or approved cooperative proposes or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of FAPE early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family.
009.03B2 The notice must be in sufficient detail to inform parents about:
009.03B2a The action that is being proposed or refused;
009.03B2b The reasons for taking the action; and
009.03B2c All procedural safeguards that are available under 92 NAC 52-009, including a description of mediation in 92 NAC 52-009.05, how to file a State complaint in 92 NAC 52-009.06 and a due process complaint in the provisions adopted under 92 NAC 55, and any timelines under those procedures.
009.03B3 The notice must be written in language understandable to the general public; and provided in the native language, as defined in 92 NAC 52-003.21, of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
009.03B3a If the native language or other mode of communication of the parent is not a written language, the school district or approved cooperative must take steps to ensure that:
009.03B3a(1) The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;
009.03B3a(2) The parent understands the notice; and
009.03B3a(3) There is written evidence that the requirements of 92 NAC 52-009.03B3a have been met.
009.04 Surrogate Parents
009.04A The school districts or approved cooperatives must ensure that the rights of a child under 92 NAC 52 are protected when no parent (as defined in 92 NAC 52-003.20) can be identified); the school district or approved cooperative, after reasonable efforts, cannot locate a parent; or the child is a ward of the State under the laws of Nebraska.
009.04B The duty of the school district or approved cooperative under 92 NAC 52-009.04A, includes the assignment of an individual to act as a surrogate for the parent. This assignment process must include a method for determining whether a child needs a surrogate parent; and assigning a surrogate parent to the child.
009.04B1 In implementing the provisions under this section for children who are wards of the State or placed in foster care, the school district or approved cooperative must consult with the public agency that has been assigned care of the child.
009.04C In the case of a child who is a ward of the State, the surrogate parent, instead of being appointed by the school district or approved cooperative under 92 NAC 52-009.04B may be appointed by the judge overseeing the infant or toddler’s case provided that the surrogate parent meets the requirements in 92 NAC 52-009.04D1 and 009.04E.
009.04D The school district or approved cooperative may select a surrogate parent in any way permitted under State law.
009.04D1 School districts or approved cooperatives must ensure that a person selected as a surrogate parent:
009.04D1a Is not an employee of the co-lead agencies or any other public agency or early intervention service provider that provides early intervention services, education, care, or other services to the child or any family member of the child;
009.04D1b Has no personal or professional interest that conflicts with the interest of the child he or she represents; and
009.04D1c Has knowledge and skills that ensure adequate representation of the child.
009.04E A person who is otherwise qualified to be a surrogate parent under 92 NAC 52-009.04D1 is not an employee of the school district or approved cooperative solely because he or she is paid by the school district or approved cooperative to serve as a surrogate parent.
009.04F The surrogate parent has the same rights as a parent for all purposes under 92 NAC 52.
009.04G The school district or approved cooperative must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after the school district or approved cooperative determines that the child needs a surrogate parent.
009.05 Mediation
009.05A Parties to disputes involving any matter under 92 NAC 52, including matters arising prior to the filing of a due process complaint, may resolve disputes through a mediation process at any time.
009.05B The mediation process:
009.05B1 Is voluntary on the part of the parties;
009.05B2 Is not be used to deny or delay a parent’s right to a due process hearing, or to deny any other rights afforded under 92 NAC 52; and
009.05B3 Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
009.05C Mediation Process Requirements
009.05C1 The Nebraska Department of Education maintains a list of individuals who are qualified mediators and are knowledgeable in laws and regulations relating to the provision of FAPE early intervention services.
009.05C2 The Nebraska Department of Education assigns mediators on a random, rotational or other impartial basis.
009.05C3 The Nebraska Department of Education bears the cost of the mediation process including the costs of meetings described in 92 NAC 52-009.05E.
009.05C4 Each session in the mediation process must be scheduled in a timely manner and must be held at a location that is convenient to the parties in the dispute.
009.05C5 If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth that resolution and that:
009.05C5a States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
009.05C5b Is signed by both the parent and a representative of the school district or approved cooperative who has the authority to bind such school district or approved cooperative.
009.05C6 A written signed mediation agreement under 92 NAC 52-009.05C5 is enforceable in any State court of competence jurisdiction or in a district court of the United States.
009.05C7 Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal court or State court of Nebraska.
009.05D An individual who serves as a mediator under 92 NAC 52:
009.05D1 May not be an employee of the co-lead agencies or an early intervention provider that is involved in the provision of early intervention services or other services to the child; and
009.05D1a A person who otherwise qualifies as a mediator is not an employee of the co-lead agencies or an early intervention provider solely because he or she is paid by the co-lead agencies or provider to serve as a mediator.
009.05D2 Must not have a personal or professional interest that conflicts with the person’s objectivity.
009.05E School districts and approved cooperatives may offer to parents that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party:
009.05E1 Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center established under section 671 or 672 of the IDEA; and
009.05E2 Who would explain the benefits of, and encourage the use of, the mediation process to the parents.
009.06 Complaints
009.06A An organization or individual may file a signed written complaint under the procedures described in 92 NAC 52-009.06.
009.06B The complaint must include:
009.06B1 A statement that a public agency has violated a requirement of 92 NAC 52;
009.06B2 The facts on which the statement is based;
009.06B3 The signature and contact information for the complainant; and
009.06B4 If alleging violations with respect to a specific child:
009.06B4a The name and address of the residence of the child;
009.06B4b The name of the school district or approved cooperative serving the child;
009.06B4c A description of the nature of the problem of the child, including facts relating to the problem; and
009.06B4d A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
009.06B5 The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.
009.06B6 The party filing the complaint must forward a copy of the complaint to the public agency serving the child at the same time the party files the complaint with the Nebraska Department of Education.
009.06C Within 60 days of receipt of a complaint meeting the requirements of 92 NAC 52-009.06B the Nebraska Department of Education will:
009.06C1 Carry out an independent on-site investigation, if the Nebraska Department of Education determines that an investigation is necessary;
009.06C2 Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
009.06C3 Provide the public agency with an opportunity to respond to the complaint, including, at a minimum:
009.06C3a At the discretion of the Nebraska Department of Education, a proposal to resolve the complaint; and
009.06C3b An opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation, consistent with 92 NAC 52-009.05;
009.06C4 Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of 92 NAC 52; and
009.06C5 Issue a written decision to the complainant that addresses each allegation in the complaint and contains:
009.06C5a Findings of fact and conclusions; and
009.06C5b The reasons for the Nebraska Department of Education’s final decision.
009.06C5c If the Nebraska Department of Education finds a failure to provide appropriate services the final decision must include corrective actions appropriate to address the needs of the infant or toddler with a disability who is the subject of the complaint and the infant’s or toddler’s family including technical assistance activities, negotiations, and corrective actions to achieve compliance.
009.06D The Nebraska Department of Education will permit an extension of the time limit under 92 NAC 52-009.06C only if:
009.06D1 Exceptional circumstances exist with respect to a particular complaint; or
009.06D2 The parent or individual and the public agency involved agree to extend the time to engage in mediation pursuant to 92 NAC 52-009.06C3b.
009.06E Complaints which are also the subject of a due process hearing
009.06E1 If a written complaint is received that is also the subject of a due process hearing under 92 NAC 55, or contains multiple issues of which one or more are part of that hearing, the Nebraska Department of Education shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described in 92 NAC 52-009.06C and D.
009.06E2 If an issue raised in a complaint filed under 92 NAC 52-009.06 has previously been decided in a due process hearing involving the same parties the due process hearing decision is binding on that issue and the Nebraska Department of Education must inform the complainant to that effect.
009.06E3 A complaint alleging a public agency’s failure to implement a due process hearing decision must be resolved by the Nebraska Department of Education.
009.07 Due Process Complaint
009.07A A parent, school district, approved cooperative, or Co-Lead agency may file a due process complaint under 92 NAC 55 relating to the proposal or refusal of a school district or approved cooperative to initiate or change the identification, evaluation, or placement of an infant or toddler under 92 NAC 52 or the provision of FAPE early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family under 92 NAC 52.
009.07B The due process complaint must allege a violation of 92 NAC 52 that occurred not more than two years before the date the parent or school district or approved cooperative knew, or should have known, about the alleged action that forms the basis of the due process complaint.
009.07B1 The time limitation in 92 NAC 52-009.07B does not apply to a parent if the parent was prevented from filing a due process complaint due to the following:
009.07B1a Specific misrepresentations by a Co-Lead agency or school district or approved cooperative that it had resolved the problem forming the basis of the due process complaint; or
009.07B1b A Co-Lead agency’s, school district’s, or approved cooperative’s failure to provide the parent information that was required under 92 NAC 52 to be provided to the parent.
009.07C The school district or approved cooperative shall inform the parent of any free or low-cost legal or other relevant services available in the area if the parent requests the information or if the parent or school district or approved cooperative files a due process complaint under this subsection.
009.07D Whenever a due process complaint is received the parents or the early intervention service provider involved in the dispute have the opportunity for an impartial due process hearing, consistent with the procedures in 92 NAC 55.
009.07E During the pendency of any proceeding involving a due process complaint under 92 NAC 55, unless the school district or approved cooperative and parents of an infant or toddler with a disability otherwise agree, the child must continue to receive the appropriate FAPE early intervention services in the setting identified in the IFSP that was consented to by the parents.
009.07F If the due process complaint under 92 NAC 55 involves an application for initial services under 92 NAC 52, the child must receive those services that are not in dispute.
009.08 Resolution Process
009.08A The Resolution Meeting
009.08A1 Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing, the school district or approved cooperative must convene a meeting with the parent and the relevant member or members of the IFSP Team who have specific knowledge of the facts identified in the due process complaint that:
009.08A1a Includes a representative of the school district or approved cooperative who has decision-making authority on behalf of that agency; and
009.08A1b May not include an attorney of the school district or approved cooperative unless the parent is accompanied by an attorney.
009.08A2 The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint so that the school district or approved cooperative has the opportunity to resolve the dispute that is the basis for the due process complaint.
009.08A3 The meeting described in 92 NAC 52-009.08A1 and 009.08A2 need not be held if:
009.08A3a The parent and school district or approved cooperative agree in writing to waive the meeting; or
009.08A3b The parent and school district or approved cooperative agree to use the mediation process described in 92 NAC 52-009.05.
009.08A4 The parent and the school district or approved cooperative must determine the relevant members of the IFSP Team to attend the meeting.
009.08B Resolution Period
009.08B1 If the school district or approved cooperative has not resolved the due process complaint to the satisfaction of the parties within 30 days of the receipt of the due process complaint, the due process hearing may occur.
009.08B2 Except as provided in 92 NAC 52-009.08C, the timeline for issuing a final decision under 92 NAC 55 begins at the expiration of the 30-day period in 92 NAC 52-009.08B1.
009.08B3 Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding 92 NAC 52-009.08B1 and 009.08B2, the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.
009.08B4 If the school district or approved cooperative is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made, including documenting its efforts, the school district or approved cooperative may, at the conclusion of the 30-day period, request that the hearing officer dismiss the parent’s due process complaint.
009.08B5 If the school district or approved cooperative fails to hold the resolution meeting specified in 92 NAC 52-009.08A within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.
009.08C The 45-day timeline for the due process hearing described in 92 NAC 55 starts the day after one of the following events:
009.08C1 Both parties agree in writing to waive the resolution meeting;
009.08C2 After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or
009.08C3 If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or school district or approved cooperative withdraws from the mediation process.
009.08D If a resolution to the dispute is reached at the meeting described in 92 NAC 52-009.08A1 and 009.08A2, the parties must execute a legally binding agreement that is:
009.08D1 Signed by both the parent and a representative of the school district or approved cooperative who has the authority to bind the agency; and
009.08D2 Enforceable in any State court of competent jurisdiction or in a district court of the United States.
009.08E If the parties execute an agreement pursuant to 92 NAC 52-009.08D, a party may void the agreement within three business days of the agreement’s execution.
010 Qualifications of Early Intervention Personnel for Program Approval and Reimbursement
010.01 School districts and approved cooperatives that provide FAPE early intervention services shall ensure that all personnel necessary to carry out the school district’s or approved cooperative’s responsibilities under 92 NAC 52 are appropriately and adequately prepared and trained as required by 92 NAC 51-010, including those personnel that have content knowledge and skills to serve infants and toddlers with disabilities.
011 Use of Funds for FAPE early intervention services
011.01 General Information
011.01A Pursuant to the provision of 92 NAC 51-011, IDEA Part B funds are available to provide FAPE services to infants and toddlers with verified disabilities from date of diagnosis until August 31 following their third birthday.
011.02 General Limitation in Budget Development
011.02A Except as provided in 92 NAC 52-007.05, only infants and toddlers with a verified disability shall receive FAPE early intervention services. This shall include the initial evaluation of an infant or toddler with a suspected disability regardless of the outcome of the verification decision.
011.02B Pursuant to Neb. Rev. Stat. 79-1126, an infant or toddler with a disability under the age of three (or any subset of infants and toddlers with disabilities under the age of three), the school district or approved cooperative may not charge the parents of the infant or toddler with a disability for any services that are part of FAPE for that infant or toddler and the child’s family, and those FAPE services must meet the requirements of both Parts B and C of the Individuals with Disabilities Education Act (IDEA).
011.02C Special Education Assurances and the IDEA Consolidated Application of a school district for providing services to infants and toddlers with disabilities shall be submitted annually via the NDE website to the Office Special Education. Any amendment to the Assurances or the IDEA Consolidated Application shall be subject to the same review as the initial assurances and funding application.
011.02C1 The fiscal year for FAPE early intervention services shall be September 1 to August 31.
011.02D The allowable and reimbursable costs for FAPE early intervention services as budgeted within the IDEA Consolidated Application are restricted to the items specified in 92 NAC 51-011.01B, which shall be documented and are subject to audit.
011.03 Use of Public Benefits or Public Insurance to Pay for FAPE early intervention services
011.03A A school district or approved cooperative may not use the public benefits or insurance of a child or parent to pay for FAPE early intervention services unless the school district or approved cooperative provides written notification, consistent with 92 NAC 52-011.03C, to the child’s parents, and the school district or approved cooperative meets the no-cost protections identified in 92 NAC 52-011.03B.
011.03B With regard to using the public benefits or insurance of a child or parent to pay for FAPE early intervention services, the school district or approved cooperative:
011.03B1 May not require a parent to sign up for or enroll in public benefits or insurance programs as a condition of receiving FAPE early intervention services and must obtain consent prior to using the public benefits or insurance of a child or parent if that child or parent is not already enrolled in such a program;
011.03B2 Must obtain consent, consistent with 92 NAC 52-003.04 and 92 NAC 52-009.03A2b to use a child’s or parent’s public benefits or insurance to pay for FAPE early intervention services if that use would:
011.03B2a Decrease available lifetime coverage or any other insured benefit for that child or parent under that program;
011.03B3b Result in the child’s parents paying for services that would otherwise be covered by the public benefits or insurance program;
011.03B3c Results in any increase in premiums or discontinuation of public benefits or insurance for that child or that child’s parents; or
011.03B3d Risk loss of eligibility for the child or that child’s parents for home and community-based waivers based on aggregate health-related expenditures.
011.03B3 If the parent does not provide consent under 92 NAC 52-011.03B1 or 011.03B2, the school district or approved cooperative must still make available those FAPE early intervention services on the IFSP to which the parent has provided consent.
011.03C Prior to using a child’s or parent’s public benefits or insurance to pay for FAPE early intervention services, the school district or approved cooperative must provide written notification to the child’s parents that includes:
011.03C1 A statement that parental consent must be obtained under 92 NAC 52-009.02K, if that provisions applies, before the school district, approved cooperative, or EIS provider discloses, for billing purposes, a child’s personally identifiable information to the Department of Health and Human Services that is responsible for the administration of the public benefits or insurance program (e.g., Medicaid);
011.03C2 A statement of the no-cost protection provisions in 92 NAC 52-011.03B and that if the parent does not provide the consent under 92 NAC 52-011.03B, the school district or approved cooperative must still make available those FAPE early intervention services on the IFSP for which the parent has provided consent;
011.03C3 A statement that the parents have the right under 92 NAC 52-009.02K, if that provision applies, to withdraw their consent to disclosure of personally identifiable information to DHHS, the agency that is responsible for the administration of the public benefits or insurance program (e.g., Medcaid), at any time; and
011.03C4 A statement of the general categories of costs that the parent would incur as a result of participating in a public benefits or insurance program (such as co-payments or deductibles, or the required use of private insurance as the primary insurance).
011.04 Use of private insurance to pay for Part C services
011.04A The school district or approved cooperative may not use the private insurance of a parent or toddler with a disability to pay for FAPE early intervention services unless the parent provides parental consent, consistent with 92 NAC 52-003.04 and 92 NAC 52-009.03A2b, to use private insurance to pay for FAPE early intervention services for his or her child.
011.04A1 Parental consent must be obtained:
011.04A1a When the school district or approved cooperative or EIS provider seeks to use the parent’s private insurance or benefits to pay for the initial provision of an early intervention service in the IFSP; and
011.04A1b Each time consent for services is required under 92 NAC 52-
009.03A1c due to an increase (in frequency, length, duration, or intensity) in the provision of services in the child’s IFSP.
012 Transportation for Infants and Toddlers with Disabilities and Families
012.01 Responsibility for Transportation
012.01A The school district shall provide transportation and related costs that are necessary to enable an infant or toddler with a disability to receive FAPE early intervention services pursuant to Neb. Rev. Stat. 79-1129 by:
012.01A1 Paying a parent for transporting his or her infant and toddler for actual miles traveled and claimed; or
012.01A2 Operating vehicles for the purpose of transporting infants and toddlers with disabilities; and
012.01A3 Contracting for transportation services for infants and toddlers with disabilities; or
012.01A4 Purchasing services from a common carrier; or
012.01A5 Arranging for such other transportation as is proper and necessary to transport infants and toddlers with disabilities.
012.01B The school district shall select an efficient and effective means of transportation for the infant or toddler with a disability at a reasonable cost.
012.01C The school district shall not be relieved of the obligation to provide transportation for an eligible infant or toddler with a disability because of the inability or unwillingness of the parents to provide transportation. No eligible infant or toddler may be denied or have limitations placed on the infant’s or toddler’s receipt of FAPE early intervention services required by an IFSP as a result of the inability or unwillingness of the parents to provide transportation.
012.02 Allowable Expenses
012.02A The school district shall provide for expenses equal to the statutory amount for each mile or fraction thereof traveled between the place of residence and under Neb. Rev. Stat. 81-1176 the location of the FAPE early intervention service when a parent transports his or her infant or toddler with a disability.
012.02B The school district shall provide for the transportation expenses of infants and toddlers with disabilities transported by the parents of such infants and toddlers, upon receipt of claims submitted to the school district by the parents. Such claims shall be documented and subject to audit pursuant to 92 NAC 51-014.03.
History
- Effective 2014-07-15
Chapter 55 Special Education Contested Cases
Neb. Admin. Code tit. 92, ch. 55 Special Education Contested Cases {#sec-92-nac-55 omnilex-key=us-ne-regs-official--title-92--92 NAC 55}
001. General.
001.01. Application of Rules. Pursuant to Neb. Rev. Stat. §84-909.01, the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under the circumstances. Agencies may adopt regulations which vary from the model rules; however, any agency adopting a rule of procedure that differs from the model rule shall include in the agency's explanatory statement the reasons why the relevant portions of the Attorney General's model rules are impracticable under the circumstances. This Chapter is based upon the Attorney General's model rule for contested cases with modifications to comply with the requirements of the Nebraska Special Education Act (Neb. Rev. Stat. §§79-1110 to 79-1184) and the Individuals With Disabilities Education Act (20 U.S.C. 1400 to 1487). This Chapter shall apply to all hearings brought by a parent or a public agency pursuant to the Nebraska Special Education Act, Title 92 NAC 51 (Rule 51) or the Individuals With Disabilities Education Act and its implementing regulations which relate to the identification, evaluation or educational placement of a child with a disability, the provision of a free appropriate public education or early intervention services to a child, or records relating thereto; and only to such hearings.
001.02. Definitions. The following definitions shall apply as used throughout Chapter 55 of these rules and regulations.
001.02A. Commissioner shall mean the State Commissioner of Education.
001.02B. Special education contested case shall mean a proceeding before a hearing officer in which the legal rights, duties, or privileges of specific parties are required by the Nebraska Special Education Act or the Individuals With Disabilities Education Act to be determined after a hearing.
001.02C. Department shall mean the Nebraska Department of Education, which is comprised of the State Board of Education and the Commissioner of Education.
001.02D. Ex parte communication shall mean an oral or written communication which is not on the record in a special education contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:
001.02D1. Communications which do not pertain to the merits of a special education contested case;
001.02D2. Communications required for the disposition of ex parte matters as authorized by law; and,
001.02D3. Communications to which all parties have given consent.
001.02E. Hearing officer shall mean the person or persons conducting a special education hearing, contested case, or other proceeding pursuant to the Nebraska Special Education Act or the Individuals With Disabilities Education Act, whether designated as the presiding officer, administrative law judge, or some other title designation.
001.02F. Parent means:
001.02F1. A natural, adoptive or foster parent of a child;
001.02F2. A guardian but not the State if the child is a ward of the State;
001.02F3. A person acting in the place of a natural or adoptive parent (including a grandparent, stepparent or other relative with whom the child lives; or a person who is legally responsible for the child’s welfare); or
001.02F4. A surrogate parent who has been appointed in accordance with 92 NAC 51-009.08.
001.02G. Party means the parent of a child with a disability or an infant or toddler with a disability, a competent student of the age of majority with a disability, or a public agency by or against whom a special education contested case is brought or a person allowed to intervene in a special education contested case. The Department shall be named as a party if, and only if, the petition contains an allegation that the Department has acted improperly or has improperly failed to act with respect to its duties under Neb. Rev. Stat. §79-1152.
001.02H. Petition means the initial document filed with the Department and served on the other party that sets forth a claim related to the initiation, change, or termination or the refusal to initiate, change, or terminate the identification, evaluation, or educational placement of a child with a disability or an infant or toddler with a disability; or the provision of a free appropriate public education or early intervention services; or records relating thereto and a request for action.
001.02H1. The petition shall set forth an alleged violation or violations that occurred not more than two (2) years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the claim, except that the exceptions to the timeline described in subsection 004.02 shall apply to the timeline described in this subsection.
001.02I. Public agency includes the state educational agency, lead agency, local educational agencies, educational service agencies, and any other political subdivisions of the state that are responsible for providing education to children with disabilities or early intervention services to an infant or toddler with a disability.
001.02I1. Local educational agency (LEA) means a public board of education or other public authority legally constituted within the state for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of the state, or for a combination of school districts or counties as are recognized in the state as an administrative agency for its public elementary or secondary schools. The term includes an educational service agency as defined in subsection 001.02I2 and any other public institution or agency having administrative control and direction of a public elementary or secondary school.
001.02I2. Educational service agency (ESA) means a regional public multiservice agency which is authorized by state law to develop, manage, and provide services or programs to LEAs and which is recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary and secondary schools of the state. The term includes any other public institution or agency having administrative control and direction over a public elementary or secondary school and includes entities that meet the definition of intermediate educational unit in section 602(23) of the Individuals With Disabilities Education Act as in effect prior to June 4, 1997.
001.02J. Day, as used in this Chapter, means calendar day unless otherwise indicated as business day. Business day means Monday through Friday, except for federal and state holidays.
001.02K. Serious bodily injury shall have the meaning given the term under paragraph (3) of Subsection (h) of Section 1365 of Title 18, United States Code.
002. Prohibitions against ex parte communications.
002.01. Prohibitions; when applicable. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
002.02. Prohibitions; to whom applicable.
002.02A. Parties and public. No party in a special education contested case or other person outside the Department having an interest in the special education contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer.
002.02B. Persons in decisionmaking roles. No hearing officer shall make or knowingly cause to be made an ex parte communication to any party in a special education contested case or other person outside the Department having an interest in the special education contested case.
002.03. Disclosure of contacts. The hearing officer who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 002.02A through 002.02B shall file in the record of the special education contested case:
002.03A. All such written communications;
002.03B. Memoranda stating the substance of all such oral communications; and,
002.03C. All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.
002.03D. The filing shall be made within two (2) business days of the receipt or making of the ex parte communication. Notice of the filing, with an opportunity to respond, shall be given to all parties of record.
002.03E. Filing and notice of filing provided under subsection 002.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.
003. Intervention in a special education contested case.
003.01. Intervention in a special education contested case shall be allowed when the following requirements are met:
003.01A. A petition for intervention must be submitted in writing to the hearing officer at least five (5) days before the hearing. Copies must be mailed by the petitioner for intervention to all parties named in the hearing officer's notice of the hearing;
003.01B. The petition must state facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests arising under the Nebraska Special Education Act or the Individuals With Disabilities Education Act may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
003.01C. The hearing officer must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
003.02. The hearing officer may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.
003.03. If a petitioner qualifies for intervention, the hearing officer may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Those conditions may include:
003.03A. Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;
003.03B. Limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and,
003.03C. Requiring two or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in the proceedings.
003.04. The hearing officer, at least 24 hours before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order.
003.04A. The hearing officer may modify the order at any time, stating the reasons for the modification.
003.04B. The hearing officer shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.
004. Commencement of a special education contested case.
004.01. A parent or local educational agency shall request a hearing by filing a petition under this Chapter within two (2) years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the petition.
004.02. The timeline described in subsection 004.01 shall not apply to a parent if the parent was prevented from requesting the hearing due to:
004.02A. specific misrepresentations by the local educational agency that it had resolved the problem form the basis of the petition, or
004.02B. the local educational agency’s withholding or information from parent that was required under this chapter to be provided to the parent.
004.03. The special education contested case begins with the filing of a petition with the Department and the service of a copy of the petition on the other party. The petition is the initial document filed with the Department and served on the other party that sets forth a claim and request for action. The petition shall remain confidential. A sample petition (request for a hearing) is available from the Nebraska Department of Education Office of Special Education.
004.04. A party to a special education contested case shall be the parent or public agency by or against whom a special education contested case is brought or a parent or public agency allowed to intervene in a special education contested case.
004.05. A party may appear on his or her own behalf in a special education contested case proceeding or may be represented by an attorney or other representative as permitted by law.
004.06. The pleadings in a special education contested case may include a petition, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Department. Any pleading filed in a special education contested case shall meet the following requirements:
004.06A. The pleading shall contain a heading specifying the name of the Department and the title or nature of the pleading, shall state material factual allegations and state concisely the action that is being requested shall contain the name and address of the petitioner and respondent, and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney.
004.06A1. Attorneys shall also include their address, telephone number and bar number.
004.06A2. The initial petition shall contain, in addition, the following information which shall remain confidential:
004.06A2(a). The name of the child whose special education or early intervention services is the subject of the hearing, the address of the residence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending;
004.06A2(b). A description of the nature of the problem of the child relating to the proposed or refused initiation of, or change in, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education or early intervention services to the child including facts relating to the problem; and,
004.06A2(c). A proposed resolution of the problem to the extent known and available to the party at the time.
004.06A3. A party may not have a due process hearing until the party, or the attorney representing the party, files and serves on the other party a copy of a petition meeting the requirements of subsection 004.06A2.
004.06B. All pleadings shall be made on white, letter-sized (8 1/2 x 11) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be written in ink.
004.07. The initial petition shall be filed with the Department at its official office, at the State Office Building, 6th Floor, 301 Centennial Mall South, Lincoln, Nebraska, 68509 and a copy of the petition shall be served on the other party. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Department, which are 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday, except state holidays. All subsequent pleadings shall be filed with the hearing officer as directed by the hearing officer. Service of the petition on the other party shall be by U.S. mail return receipt requested. Proof of service by return receipt shall be filed with the Department and the hearing officer.
004.08. Upon receipt of the initial petition, the Department shall assign the petition to a hearing officer and send a notice of assignment to the hearing officer with the petition attached. The Department shall also serve a notice to file an answer and a copy of the notice of assignment and of the petition on each respondent listed in the petition personally or by first-class or certified mail and send copies to the hearing officer and petitioner. Written proof of such service shall be filed with the Hearing Officer. Except as provided in subsection 004.09, each respondent must within ten (10) days of receiving the petition, send to the petitioner and file with the hearing officer an answer that specifically addresses the issues raised in the petition.
004.09. If a local education agency has not sent a prior written notice to the parent as required by subsection 009.03B of Rule 51 regarding the subject matter contained in the parent’s petition, such local education agency shall, within ten (10) days of receiving the petition, send to the parent and file with the hearing officer an answer that shall include:
004.09A. An explanation of why the agency proposed or refused to take the action raised in the petition;
004.09B. A description of other options that the IEP Team or IFSP Team considered and the reasons why those options were rejected;
004.09C. A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and
004.09D. A description of the factors that are relevant to the agency’s proposal or refusal.
004.10. The petition shall be deemed sufficient unless the party receiving service of a copy of the petition notifies the hearing officer and the other party in writing that the receiving party believes the petition has not met the requirements of subsection 004.06A2.
004.11. The party providing a hearing officer notification under subsection 004.10 shall provide the notification within fifteen (15) days of receiving a copy of the petition.
004.12. Within five (5) days of receipt of the notification provided under Section 004.11, the hearing officer shall make a determination on the face of the petition of whether the petition meets the requirements of subsection 004.06A2, and shall immediately notify the parties in writing of such determination.
004.13. An answer filed by a local education agency pursuant to subsection 004.09 shall not be construed to preclude such local educational agency from asserting that the parent’s petition was insufficient where appropriate.
004.14. All pleadings subsequent to the initial petition shall be served by the party filing such pleading upon all attorneys of record or other representatives of record, upon all unrepresented parties, and upon the Department. Service shall be made personally or by first-class or certified mail. Written proof of such service shall be filed with the hearing officer.
004.15. Subsection 009.11 of Rule 51 (92 NAC 51) requires that within fifteen (15) days prior to the opportunity for an impartial due process hearing under this Chapter, the local educational agency shall convene a meeting with the parents and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the complaint for the purpose of resolving the issues raised in the complaint.
004.16. If the local educational agency has not resolved the issues raised in the petition to the satisfaction of the parents within thirty (30) days of the receipt of the petition, a hearing date shall be set by the hearing officer and all of the applicable timelines for a due process hearing under this Chapter shall commence. A written notice of the time and place of hearing and the name of the hearing officer shall be served by the hearing officer upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of such service and shall be filed with the hearing officer.
004.17. In computing time prescribed or allowed by this Chapter of these rules and regulations or by any applicable statute in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period.
004.18. Within forty-five (45) days after the receipt of a petition by the Department, the hearing officer shall prepare a final decision and order directing such action as may be necessary and mail a copy of the decision and order to each of the parties and to the Commissioner in the manner required by subsection 008.04.
005. Hearing officer; criteria.
005.01. The Department shall assign to a hearing officer the functions of conducting a prehearing conference and/or a hearing and rendering a final decision and order. Hearing officers assigned by the Department shall have exclusive original jurisdiction over cases arising under Neb. Rev. Stat. §79-1152 and §§79-1162 to 1167, and juvenile courts shall not in any event have jurisdiction over such matters.
005.02. A person may serve as hearing officer at successive stages of the same special education contested case.
005.03. The hearing officer shall not be a person who is an employee or officer of a state or local public agency which is involved in the education or care of the child on whose behalf the hearing is being held. A person who otherwise qualifies to conduct a special education contested case hearing is not an employee of the agency solely because the person is paid by the agency to serve as a hearing officer.
005.04. No hearing officer shall participate in any way in any hearing or matter in which the hearing officer may have a conflict of interest including any personal or professional interest that would conflict with his or her objectivity in the hearing.
005.05. Hearing officers shall possess knowledge of, and the ability to understand, the provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 to 1487) and regulations pertaining to this Act and the Nebraska Special Education Act (Neb. Rev. Stat. §§79-1110 to 79-1184) and regulations pertaining to this Act, and legal interpretations of these Acts by federal and state courts;
005.06. Hearing officers shall possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
005.07. Hearing officers shall possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
006. Prehearing Procedures.
006.01. Prehearing conferences and orders. A hearing officer designated to conduct a hearing may determine whether a prehearing conference will be conducted. If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
006.01A. If a prehearing conference is conducted:
006.01A1. The hearing officer shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter and shall give notice to other persons entitled to notice.
006.01A2. The notice referred to in subsection 006.01A1 shall include the following:
006.01A2(a). The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;
006.01A2(b). The official file or other reference number, the name of the proceeding, and a general description of the subject matter;
006.01A2(c). A statement of the time, place, and nature of the prehearing conference;
006.01A2(d). A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;
006.01A2(e). The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;
006.01A2(f). A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a special education contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the Administrative Procedure Act unless otherwise precluded by law; and
006.01A2(g). Any other matters that the hearing officer considers desirable to expedite the proceedings.
006.01B. The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matters as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.
006.01C. The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
006.02. Discovery in special education contested cases.
006.02A. The hearing officer, at the request of any party or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the rules of civil procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.
006.02B. Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall:
006.02B1. Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;
006.02B2. State the reasons supporting the motion;
006.02B3. Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and
006.02B4. Be filed with the hearing officer. The moving party must serve copies of all such motions to all parties to the special education contested case and to the Department.
006.02C. Other than is provided in subsection 006.02B4 above, discovery materials need not be filed with the hearing officer or served on the Department.
006.03. Continuances. Except as specified in subsection 007.07C2 for expedited hearings, the hearing officer may, in his or her discretion, grant specific extensions of time or continuances of hearings beyond the forty-five (45) day time limit for rendering a final decision in subsection 004.18 at the timely request of any party for good cause shown. A party must file a written motion for continuance which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties and the Department.
006.03A. Good cause. Good cause for an extension of time or continuance may include, but is not limited to, the following:
006.03A1. Illness of the party, legal counsel or witness;
006.03A2. A change in legal representation; or
006.03A3. Settlement negotiations are underway.
006.04. Amendments.
006.04A. A petition may be amended only if the other party consents in writing to such amendment and is given the opportunity to resolve the complaint through a meeting held pursuant to 92 NAC 51-009.11A or if the hearing officer grants permission for a party to amend its petition at any time not later than five (5) days before a due process hearing occurs.
006.04B. The applicable timeline for a due process hearing under this part shall recommence a the time the party files an amended petition, including the timeline under 92 NAC 51-009.11A.
006.04C. A hearing officer may allow, in his or her discretion, the filing of supplemental pleadings alleging facts material to the case occurring after the original pleadings were filed. A hearing officer may also permit amendment of pleadings where a mistake appears or where amendment does not materially change a claim or defense.
006.05. Informal Disposition. Unless otherwise precluded by law, informal disposition may be made of any special education contested case by stipulation, agreed settlement, consent order, or default.
007. Conducting a special education contested case hearing.
007.01. Order. At the discretion of the hearing officer, the hearing may be conducted in the following order:
007.01A. The hearing is called to order by the hearing officer. Any preliminary motions, stipulations or agreed orders are entertained.
007.01B. The party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that were not raised in the petition filed under Section 004, unless the other party agreed otherwise.
007.01C. Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence.
007.01D. Presentation of evidence.
007.01D1. Evidence will be received in the following order:
007.01D1(a). Evidence is presented by the petitioner;
007.01D1(b). Evidence is presented by the respondent;
007.01D1(c). Rebuttal evidence is presented by the petitioner; and
007.01D1(d). Surrebuttal evidence is presented by the respondent.
007.01D2. With regard to each witness who testifies, the following examination may be conducted:
007.01D2(a). Direct examination conducted by the party who calls the witness;
007.01D2(b). Cross-examination by the opposing party;
007.01D2(c). Redirect examination by the party who called the witness; and,
007.01D2(d). Recross-examination by the opposing party.
007.01E. After the evidence is presented, each party may have opportunity to make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence. The hearing officer may request that the parties submit briefs in lieu of closing arguments.
007.02. Evidence.
007.02A. In special education contested cases the hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
007.02B. Any party to a formal hearing before the hearing officer, from which a decision may be appealed to the courts of this state, may request that the hearing officer be bound by the rules of evidence applicable in district court by delivering to the hearing officer at least three (3) days prior to the holding of the hearing a written request therefore. Such request shall include the requesting party’s agreement to be liable for the payment of costs incurred thereby and upon any appeal or review thereof, excluding the cost of court reporting services which the hearing officer shall procure for the hearing.
007.02C. Documentary evidence may be received in the form of copies or excerpts or incorporated by reference.
007.02D. All evidence including records and documents in the possession of the hearing officer of which he or she desires to avail himself or herself shall be offered and made a part of the record in the case. No factual information or evidence other than the record shall be considered in the determination of the case.
007.02E. A hearing officer or designee may administer oaths and issue subpoenas in accordance with the rules of civil procedure except as may otherwise be prescribed by law. Any witness compelled to attend or produce evidence shall be entitled to fees and expenses allowed in district court. Any failure to respond to subpoenas and orders issued under this subsection shall be certified by the hearing officer to the district court of Lancaster County for enforcement or for punishment for contempt of the district court.
007.02F. The hearing officer shall give effect to the rules of privilege recognized by law.
007.02G. The hearing officer may take official notice of cognizable facts and in addition may take official notice of general, technical, or scientific facts within his or her specialized knowledge and the rules and regulations adopted and promulgated by the Department.
007.02G1. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of materials so noticed.
007.02G2. Parties shall be afforded an opportunity to contest facts so noticed.
007.02G3. The record shall contain a written record of everything officially noticed.
007.02H. The hearing officer may utilize his or her experience, technical competence and specialized knowledge in the evaluation of the evidence presented to it.
007.02I. The hearing officer may produce evidence on the officer’s own motion. If the hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.
007.02I1. Public expense means that the school district either pays for the full cost of the evaluation or insures the evaluation is otherwise provided at no cost to the parent.
007.02J. If the parent obtains an independent educational evaluation of his or her child at private expense, the results of the evaluation may be presented as evidence at a hearing under this Chapter regarding the child.
007.02K. Except as specified in subsection 007.11A for expedited hearings, at least five business days prior to a hearing conducted pursuant to this Chapter, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing.
007.02L. A hearing officer may bar any party that fails to comply with subsection 007.02K from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
007.02M. Except as specified in subsection 007.11A for expedited hearings, any party shall have the right to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) business days before the hearing.
007.03. Conducting the hearing by electronic means. The hearing officer may conduct all or part of the hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
007.04. Official record.
007.04A. The Department shall prepare an official record, which shall include testimony and exhibits, in each special education contested case, but it shall not be necessary to transcribe the record of the proceedings unless requested by a party for purpose of rehearing or appeal, in which event the transcript and record shall be furnished by the Department upon request. Parties other than parents may also request the transcript and official record for the purpose of rehearing or appeal and it shall be furnished by the Department upon request and tender of the cost of preparation.
007.04B. The Department shall maintain an official record of each special education contested case under the Nebraska Special Education Act or the Individuals With Disabilities Education Act for at least five (5) years following the date of the final order.
007.04C. The Department record shall consist only of the following:
007.04C1. Notices of all proceedings;
007.04C2. Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the Department or the hearing officer pertaining to the special education contested case;
007.04C3. The record of the hearing before the Department, including all exhibits and evidence introduced during such hearing, a statement of matters officially noticed by the hearing officer during the proceeding, and all proffers of proof and objections and rulings thereon; and
007.04C4. The final order.
007.04D. As provided in subsection 002.03 the hearing officer who receives or who makes or knowingly causes to be made an ex parte communication as set forth in that subsection shall make the appropriate filings which shall be included in the official record of the special education contested case.
007.04E. Except to the extent that the Administrative Procedure Act or another statute provides otherwise, the Department record shall constitute the exclusive basis for action in special education contested cases under the Nebraska Special Education Act or the Individuals With Disabilities Education Act and for judicial review thereof.
007.05. Costs. All formal hearings shall be recorded by a court reporter at the expense of the Department. All other costs of a formal hearing shall be paid by the party or parties incurring the costs, unless otherwise ordered by a United States district court pursuant to the Individuals With Disabilities Education Act.
007.06. Parties’ Rights. Any party to a hearing conducted pursuant to this Chapter shall be accorded:
007.06A. The right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
007.06B. The right to present evidence and confront, cross-examine, and compel the attendance of witnesses;
007.06C. The right to obtain a written, or, at the option of the parents, electronic verbatim record of the hearing; and,
007.06D. The right to obtain written, or, at the option of the parents, electronic findings of fact and decisions.
007.06E. Except as specified in subsection 007.07C2 for expedited hearings, the right to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) business days before the hearing.
007.07. Appeals Related to Placement in Alternative Educational Settings.
007.07A. In general.
007.07A1. The parent of a child with a disability who disagrees with any decision regarding placement under 92 NAC 51 – 016; or the manifestation determination under 92 NAC 51-016.02E; or a local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request a hearing by filing a petition pursuant to the procedures in this Chapter.
007.07A2. The hearing officer shall hear, and make a determination regarding, an appeal requested under subsection 007.07A.
007.07B. In making the determination under subsection 007.07A2 the hearing officer may order a change in placement of a child with a disability. In such situations, the hearing officer may:
007.07B1. Return a child with a disability to the placement from which the child was removed; or
007.07B2. Order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.
007.07C. Placement during appeals. When an appeal under subsection 007.07A has been requested by either the parent or the local educational agency-
007.07C1. The child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in subsection 016.02C of Rule 51 (92 NAC 51), whichever occurs first, unless the parent and the State or local educational agency agree otherwise, and
007.07C2. The hearing officer shall arrange for an expedited hearing , which shall occur within twenty (20) school days of the date the hearing is requested and shall result in a determination within ten (10) school days after the hearing.
007.08. Maintenance of current educational placement.
007.08A. Except as provided in subsection 007.07C, during the pendency of any administrative or judicial proceeding regarding a special education contested case under this Chapter, unless the state or local agency and the parents or the lead agency and the parents of the child agree otherwise, the child involved in the special education contested case must remain in his or her current educational placement or must continue to receive the early intervention services currently being provided in the setting identified in the IFSP that is consented to by the parents.
007.08B. If the special education contested case involves an application for initial admission to public school, the child, with the consent of the parents, must be placed in the public school until the completion of all the proceedings. If the case involves an application for initial early intervention services the infant or toddler shall receive the services not in dispute.
007.08C. If the decision of the hearing officer in a special education contested case agrees with the child’s parents that a change of placement is appropriate, that placement must be treated as an agreement between the State or local agency and the parents for the purposes of subsection 007.08A.
007.09. Parental rights at hearings.
007.09A. Parents involved in hearings must be given the right to:
007.09A1. Have the child who is the subject of the hearing present; and
007.09A2. Open the hearing to the public.
007.09B. The record of the hearing and the findings of fact and decisions described in subsections 007.06C and 007.06D must be provided at no cost to parents.
007.10. Each hearing involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child involved.
007.11. Expedited special education contested case hearings under Section 007, are appealable consistent with subsection 008.09 and shall:
007.11A. Meet the requirements of this Chapter except the time periods identified in subsections 007.02M and 007.02K regarding disclosure of certain evidence shall be two business days; and
007.11B. Be conducted by a hearing officer who satisfies the requirements of this Chapter.
008. Decision and order in a special education contested case.
008.01. Every decision and order adverse to a party to the proceeding, rendered by the hearing officer in a special education contested case, shall be in writing or stated in the record and shall be accompanied by a jurisdictional statement and by findings of fact and conclusions of law.
008.02. Subject to subsection 008.03, a decision made by a hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education or early intervention services.
008.03. In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education or early intervention services only if the procedural inadequacies:
008.03A. Impeded the child’s right to a free appropriate public education or early intervention services;
008.03B. Significantly impeded the parents’ opportunity to participate in the decision making process regarding the provision of a free appropriate public education or early intervention services to the parents’ child; or
008.03C. Caused a deprivation of educational benefit.
008.04. Nothing in subsections 008.02 and 008.03 shall be construed to preclude a hearing officer from ordering a local educational agency to comply with procedural requirements under this section.
008.05. Nothing in this Chapter shall be construed to affect the right of a parent to file a complaint with the Department pursuant to 92 NAC 51-009.09.
008.06. The decision and order should include:
008.06A. The name of the Department and name of the proceeding;
008.06B. The time and place of the hearing;
008.06C. The names of all parties or their attorneys who entered an appearance at the hearing;
008.06D. The findings of fact consisting of a concise statement of the conclusions upon each special education contested issue of fact;
008.06E. The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and
008.06F. The order consisting of the action taken as a result of the facts found and the legal conclusions arising therefrom.
008.07. Parties to the proceeding shall be notified of the decision and order or by certified mail in the manner required by subsection 008.08. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record in the manner required by subsection 008.08.
008.08. At the completion of the proceedings, the hearing officer shall prepare a report based on the evidence presented containing findings of fact and conclusions of law. The report shall contain a description of the substance of the evidence presented at the hearing and a list of exhibits offered into evidence together with a statement of which exhibits were received and which were not. Within forty-five (45) days after the receipt of a request for a hearing by the Department, or longer if continuances are granted pursuant to subsection 006.03, the hearing officer shall prepare and mail a final decision and order directing such action as may be necessary. The report and the final decision and order shall be delivered via certified mail to each party or attorney of record and to the Commissioner of Education.
008.09. A decision made in a hearing conducted pursuant to this Chapter shall be final, except that any party involved in such hearing may appeal such decision under the provisions of law referred to in Section 009.
008.10. The hearing officer shall forward to the Department the original pleadings, orders, and exhibits in the case. Such materials shall be forwarded within five (5) calendar days of the date of the final decision and order.
009. Appeals to state or federal court; enforcement.
009.01. Any person aggrieved by the findings, conclusions, and final decision in a special education contested case is entitled to judicial review under the Nebraska Special Education Act or the Individuals With Disabilities Education Act.
009.02. Under the Nebraska Special Education Act (Neb. Rev. Stat. §79-1167), parties desiring to appeal a hearing officer decision must file a petition for review in the district court of the county in which the main administrative offices of the school district are located within two (2) years after service of the final decision and order by the hearing officer on the party seeking such review. The two (2) year period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law.
009.03. The provisions of Neb. Rev. Stat. §79-1167 specify the procedure for and effect of taking an appeal to state district court under the Nebraska Special Education Act.
009.04. Under of the Nebraska Special Education Act (Neb. Rev. Stat. §79-1167), any party of record may seek enforcement of the final decision and order of the hearing officer by filing a petition for appropriate relief in the district court of the county in which the main administrative offices of the school district are located within one year after the date of the hearing officer’s final decision and order.
009.05. Under Section 1415(I)(2) of the Individuals With Disabilities Education Act (20 U.S.C. 1415), any party aggrieved by the findings and decision made under this Chapter shall have the right to bring a civil action with respect to the complaint presented pursuant to this Chapter, which action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. Under Section 1415(I)(3)(B) of the Individuals with Disability Education Act (20 U.S.C. 1415), in any action brought under Section 1415 of the Act, the United States District court, in its discretion, may award reasonable attorney’s fees as part of the costs to the parents of a child with a disability who is the prevailing party.
009.06. The provisions of 20 U.S.C. 1415(I)(2)(B) and 1439(a)(1) specify the requirements applicable to state or federal court in a civil action appealing a special education due process case under the Individuals With Disabilities Education Act.
009.07. The provisions of 20 U.S.C. 1415(I)(3)(B) - (G) govern the availability and amount of attorney’s fees that may be awarded by the United States District Court under the Individuals With Disabilities Education Act (20 U.S.C. 1401 to 1487).
009.08. The party bringing a civil action under subsection 009.05 shall have ninety (90) days from the date of the decision of the hearing officer to bring such action; or, if the state has an explicit time limitation for bringing such action under Part B of the Individuals With Disabilities Education Act (20 U.S.C. 1411 to 1444), in such time as the state law allows.
History
- Effective 2012-09-09
Chapter 58 Regulations for Security-Related Infrastructure Grants
Neb. Admin. Code tit. 92, ch. 58 Regulations for Security-Related Infrastructure Grants {#sec-92-nac-58 omnilex-key=us-ne-regs-official--title-92--92 NAC 58}
001 General Information
001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-318 and 79-3108.
001.02 Scope. This Chapter governs the issuance security-related infrastructure grants authorized pursuant to Neb. Rev. Stat. § 79-3108.
001.03 Related Regulations. In addition to the requirements of this Chapter, the funds of public school districts and educational service units are also governed by regulations contained in Title 92 Nebraska Administrative Code (NAC), Chapter 2, dealing with the Uniform System of Accounting; 92 NAC 8, dealing with School Finance & Budgeting/State Funding of Educational Service Units and Learning Communities, and 92 NAC 61, dealing with contested cases before the State Board of Education.
002 Definitions
002.01 Aggregate Percent means the number of students in the specified category divided by the total number of students for all schools based on formula students for the most recent certification of aid pursuant to the Tax Equity and Educational Opportunities Support Act for school districts or based on data from the most recently completed school year for nonpublic schools.
002.02 Assisted School means any school belonging to a school district that receives a grant pursuant to this Chapter or any nonpublic school that has entered into a contract for security-related infrastructure with an educational service unit that receives a grant pursuant to this Chapter based on the contract.
002.03 Commissioner means the State Commissioner of Education.
002.04 Contract for Security-Related Infrastructure means a contract between an educational service unit and a nonpublic school located within the boundaries of the educational service unit in which the educational service unit receives consideration from the nonpublic school in exchange for assistance from the educational service unit related to a security-related infrastructure project benefitting the students of the nonpublic school.
002.05 Department means the State Department of Education.
002.06 Nonpublic School means a nonpublic school approved pursuant to 92 NAC 14 (Rule 14) or accredited pursuant to 92 NAC 10 (Rule 10) by the State Board of Education.
002.07 Proposal means a request made to the Department for grant funding pursuant to this Chapter.
002.08 Qualifying Project means the purchase, installation, or improvement of:
002.08A Surveillance equipment;
002.08B Door locking systems;
002.08C Double-entry doors for a school building;
002.08D Visitor management systems;
002.08E Ground lighting;
002.08F Safety film for glass in exterior doors and sidelights;
002.08G Hand-held radios to aid in communication during school situations;
002.08H Notification systems;
002.08I Control devices to restrict access to areas as needed for security purposes;
002.08J Screening devices;
002.08K Fencing to secure playgrounds;
002.08L Automatic external defibrillators;
002.08M Bleeding control kits; or
002.08N Other physical security equipment or security-related technology.
002.09 School means any school in a school district that submits a proposal or receives a grant pursuant to this Chapter or a nonpublic school that has entered into a contract for security-related infrastructure with an educational service unit that submits a proposal or receives a grant pursuant to this Chapter based on the contract.
002.10 Student means an individual enrolled in any grade kindergarten through grade 12 or in an early childhood education program of a school.
003 Qualifications
003.01 School Districts. Any school district may apply for a grant pursuant to this Chapter on behalf of all schools belonging to the school district.
003.02 Educational Service Units. An educational service unit that has entered into a contract for security-related infrastructure with a nonpublic school may apply for a grant to support the contract. The contract must outline the terms, conditions, expectations, and procedures for both parties that ensure grant funding received pursuant to this Chapter is used for the purposes stated in the grant proposal. Procedures included in the contract may include documentation requirements, deadlines, and other guidelines. An education service unit will submit a separate proposal for each nonpublic school for which the educational service unit has entered into a contract for security-related infrastructure and each such proposal will be evaluated by the panel independent of other proposals submitted by the same educational service unit.
004 Proposals
004.01 Request for Proposals. The Department will issue a Request For Proposals (RFP) for new or expansion grants for school safety and security program during years in which grant funds are available. Each RFP issued pursuant to this section will state a deadline by which proposals must be received.
004.02 Proposal Requirements. Each qualifying proposal must be received by the Department on or before the deadline stated in the RFP and contain the following:
004.02A Needs Assessment Survey. The Needs Assessment Survey found in Appendix A of this Chapter;
004.02B Stakeholder Engagement. A description must be included of how stakeholders have been engaged in meaningful consultation regarding the safety and health of students at the local level. Stakeholders include the following subgroups as applicable: Students; families; school, district, and educational service unit administrators; teachers; classified staff; Tribal governments; civil rights organizations; and organizations and individuals representing the interests of students with disabilities, English learners, students experiencing homelessness, students in foster care, migratory students, students who are incarcerated, and other underserved students;
004.02C Data. Each qualifying proposal must include:
004.02C1 The aggregate percent of students who are in poverty as measured using poverty students as defined in Neb. Rev. Stat. § 79-1003(30) for school districts or, for nonpublic schools, the number of students qualifying for free lunches;
004.02C2 Data to support any assertion that a challenge from the previous three school years has increased the need for a security-related infrastructure grant. Examples of challenges include, but are not limited to, a recent disaster, a high rate of mental health needs (lack of mental health providers), chronic absenteeism, or a high rate of community or school violence;
004.02C3 The grade configuration of each school; and
004.02C4 The total number of students for each school based on formula students for the most recent certification of aid pursuant to the Tax Equity and Educational Opportunities Support Act for school districts or based on data from the most recently completed school year for nonpublic schools.
004.02D Program Narrative. A program narrative must describe:
004.02D1 How funds from the grant will support safe and healthy student outcomes;
004.02D2 The rationale behind selecting the proposed project including the match to the needs assessment and the stakeholder feedback;
004.02D3 For school districts, how grant funds will be divided as evenly as possible among all schools in the school district; and
004.02D4 Any anticipated challenges for the implementation of the proposal and a plan to overcome the challenges;
004.02E Timeline. A timeline for the full implementation of the project is required;
004.02F Sustainability Plan. A description is required of plans to sustain the project after the grant funds have been expended;
004.02G Evaluation Plan. An evaluation plan to measure the impact of the project; and
004.02G Contract for Security-Related Infrastructure. For educational service units, the contract for security-related infrastructure.
005 Awarding of the Grants
005.01 Scoring Panel. The Commissioner will select nine individuals knowledgeable in school safety and security to serve on the scoring panel. The scoring panel will evaluate and score each proposal using a rubric developed by the panel and based on the requirements of the grant program. The panel will use the scores to determine which proposals meet the minimum qualification to make recommendations for the awarding of competitive grant amounts to the Commissioner.
005.02 Distribution of Award Amounts. Each proposal that meets the minimum qualifications will result in a base grant award of $2,000 for each school. The remainder of the available funds after the awarding of base grants will be awarded on a competitive basis.
005.03 Final Determination. The Commissioner will make the final determinations on the awarding of the grants based on the recommendations of the scoring panel and the requirements of Neb. Rev. Stat. § 79-3108 and this Chapter.
006 Grant Funds
006.01 Special Grant Funds. Any grant funds awarded pursuant to this Chapter to a school district will be considered special grant funds and, therefore may be excluded from the general fund budget of expenditures pursuant to Neb. Rev. Stat. § 79-1003(20) and from the calculation of budget authority pursuant to Neb. Rev. Stat. § 79-1028.01(1)(m).
006.02 Use of Funds. Any grant funds awarded pursuant to this Chapter must be used for the purposes stated in the grant proposal or be returned to the Department.
006.03 Duration of Funding. Any grant funds awarded pursuant to this Chapter must be obligated within one year of the date the funds were received by the school district or educational service unit or be returned to the Department.
007 Appeals
007.01 Commissioner Review. A school district or educational service unit that submits a proposal pursuant to this Chapter that is aggrieved by any decision of the Department in regard to its proposal may request in writing a review by the Commissioner of Education within fifteen (15) calendar days of its receipt of the Department’s decision on the proposal. The Commissioner shall review the claim together with all other materials submitted in the applicant’s proposal, the requirements of this Chapter, and state law. The Commissioner, within ninety (90) days of the Department’s receipt of the claim, shall make a final written determination regarding the claim. A copy of the determination shall be mailed to the claimant, certified mail, return receipt requested.
007.02 Contested Case Hearing. If the claimant disagrees with the Commissioner’s final written determination, it may request a hearing on the determination within fifteen (15) days following receipt of the determination pursuant to 92 NAC 61 (Rule 61).
008 Reports
008.01 Reporting Requirement. On or before December 1 of each calendar year that grants were issued pursuant to this Chapter, the Department will provide a report electronically to the Clerk of the Legislature. The report will not identify any particular school. The report will include, but not be limited to:
008.01A The total number of assisted schools;
008.01B The number of public assisted schools and the number of nonpublic assisted schools;
008.01D The number of assisted schools in each grade configuration;
008.01E The average amount of grant funds received by schools broken down by student population size ranges determined by the Department to avoid identifying any schools;
008.01F The number of schools in each of the student population size ranges used in subdivision 008.01E of this Chapter;
008.01G The number of schools in each geographic location as defined by the boundaries of the State Board of Education;
008.01H How the grant funds were used; and
008.01I The number of schools that were denied grant funding and the reasons why.
Appendix A
Needs Assessment Questions
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Does each school have a written Emergency Operation Plan (EOP) or a plan to create one with this grant? (Y/N)
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Does the school, school district, or educational service unit collaborate with Emergency Managers, Law Enforcement, and Fire/Rescue on EOP’s? (Y/N)
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Does each school participate in Safe2HelpNE or other anonymous report line services? (Y/N)
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Does the school, school district, or educational service unit have a Threat Assessment Team? (Y/N)
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Does the school district or educational service unit conduct prevention trainings on bullying/cyberbullying, substance use, suicide, digital or social media issues that each school is able to access? (Y/N)
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Does each school use Standard Response Protocol (SRP) and Standard Reunification Method (SRM) procedures? (Y/N) If, yes is staff trained in SRP and SRM? (Y/N)
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Does each school have a system or procedure in place for lockdowns? (Y/N)
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Is the staff in each school adequately trained on how to activate a lockdown? (Y/N)
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Is the staff in each school adequately trained on active shooter response? (Y/N)
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Are all classrooms equipped with the necessary equipment or tools to communicate with the front office or other administrative staff? (Y/N)
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Is there controlled access into each school during the school day? (Y/N)
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Is there a secure vestibule that separates the main entry from full building access in each school? (Y/N)
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Is there a video surveillance system with recording capability in use in each school? (Y/N)
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Is there video coverage of all exterior doors for each school? (Y/N)
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Is there a perimeter fence in place around all student play areas at each school? (Y/N)
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Are there bollards or other barriers protecting school entrances from vehicular intrusion at each school? (Y/N)
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Are all exterior school doors locked during school hours? (Y/N)
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Are windows and sidelights in exterior doors of all schools outfitted with safety film? (Y/N)
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Does each school utilize a visitor management system to identify and track all school visitors during the school day? (Y/N)
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Do all classroom doors have a door lock or door barricade device that can be locked from the inside? (Y/N)
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Do all schools have working security alarm systems? (Y/N)
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Does the school, school district, or educational service unit provide safety and security training for all staff, substitute teachers, and volunteers? (Y/N)
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Do all schools have access to an Automated External Defibrillator (AED)? (Y/N)
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Has the school, school district, or educational service unit conducted a vulnerability assessment in the past two years? (Y/N)
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Do all schools have bleeding control kits readily available? (Y/N)
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Do all schools have torniquets readily available? (Y/N)
Short Answer Needs Assessment Questions
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What security-infrastructure enhancement needs were sighted in the last annual school safety and security assessment conducted by a person not employed by the school system? (5000 maximum characters used)
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What security-infrastructure needs have been achieved in the last 5 years to improve upon prevention, preparedness, response, & recovery? How was this project accomplished and what was the source of funding for this project(s)? (5000 maximum characters)
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What will be the biggest safety and security challenge if not selected to receive grant funds? What other opportunities or resources will be needed to complete security-infrastructure? (5000 maximum characters)
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Describe the current greatest strengths in security-infrastructure and the areas needing the most attention and why? Include the order of most to least need for all the security-infrastructure desires. (5000 maximum characters)
History
- Effective 2024-03-16
Chapter 59 Regulations for School Health and Safety
Neb. Admin. Code tit. 92, ch. 59 Regulations for School Health and Safety {#sec-92-nac-59 omnilex-key=us-ne-regs-official--title-92--92 NAC 59}
001 General Provisions .
001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 25-21,280, 79-305, 79-318, and 79-1102 to 79-1104, the Medication Aide Act in Neb. Rev. Stat. §§ 71-6718 through 71-6742, and the Seizure Safe Schools Act in Neb. Rev. Stat. §§ 79-3201 to 79-3207.
001.02 Medication Aide Act Requirements. Sections 003, 004 and 005 of this Chapter set forth the methods for competency assessment for school staff who provide medications and/or participate in observing and reporting for monitoring medications. In order for school staff members to provide medication as mentioned above, the staff members must be able to successfully pass a competency assessment no less than every three (3) years as provided in such sections.
001.02A Nothing in this Chapter may be construed to require any school to employ or use a school nurse or medication aide to be in compliance with the Medication Aide Act.
001.03 Emergency Response to Life Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis). Section 006 of this Chapter sets forth the requirements for Emergency Response to Life Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis) Protocols.
001.04 Seizure Safe Schools Act Requirements. Sections 007, 008, and 009 of this Chapter sets forth the requirements for training related to seizure medications, procedures for developing seizure action plans, and the content for seizure action plans. Each school must have at least one school employee who has met the training requirements to administer seizure rescue medication or medication prescribed to treat seizure disorder symptoms according to seizure action plans authorized by parents and guardians of students who have seizure disorders and who have been prescribed such medications.
001.05 Related Regulations. In addition to this Chapter, accredited schools must comply with 92 NAC 10; approved schools must comply with 92 NAC 14; and, approved early childhood education programs must comply with 92 NAC 11. The requirements of Sections 003, 004, and 005 of this Chapter are directly related to the provisions set forth in Title 172, Nebraska Administrative Code, Chapter 95 which is promulgated by the Department of Health and Human Services Regulation and Licensure and is entitled, Administration of Medications by Medication Aides and Medication Staff.
002 Definitions .
002.01 Accredited school means a public school district or a nonpublic school or group of nonpublic schools under a governing body organized to provide education in elementary, middle, secondary, and/or high school grades accredited pursuant to Title 92, NAC, Chapter 10.
002.02 Administration of medication has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.03 Approved early childhood education program means any prekindergarten part-day or full-day program established by a school board or an educational service unit and approved pursuant to Title 92, NAC, Chapter 11.
002.04 Approved school means a nonpublic school or group of schools under a governing body organized to provide education in elementary and/or secondary grades approved pursuant to Title 92, NAC, Chapter 14.
002.05 Caretaker has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.06 Direction and monitoring has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.07 Five rights has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.08 Health care professional has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.09 Informed decision has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.10 Medication has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.11 Medication Aide has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.12 Prescribing health care practitioner means a practitioner as defined in Neb. Rev. Stat. § 71-2473 who signs a protocol and corresponding order pursuant to subsection 006.02 of this Chapter.
002.13 PRN has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.14 Provision of medication has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.15 Recipient with capability and capacity to make an informed decision about medications means an individual who is an adult (at least 19 years of age) and has knowledge related to the medication(s) such as purposes and desired effects, potential side effects, and the consequences if the medication is not provided and received as prescribed or recommended.
002.16 Routine, with reference to medication, has the same meaning as in Neb. Rev. Stat. § 71-6721.
002.17 School means an entity or person meeting the requirements for a school set by Chapter 79, including an accredited school pursuant to 92 NAC 10 or an approved school pursuant to 92 NAC 14.
002.18 School is in session means any period of time during which students are under the direction of school staff during the regular school day as defined by the school or school district and does not include any period of time during which an extracurricular activity is occurring outside of the regular school day.
002.19 School staff means individuals who are employed by a school, some of whom may be required to undergo a competency assessment pursuant to this Chapter. School staff includes substitute teachers and all other temporary employees. Health care professionals who are employed by a school are exempt from the competency assessments otherwise required under this Chapter.
002.20 Seizure action plan has the same meaning as in Neb. Rev. Stat. § 79-3202.
003 Medication Aide Act - Provision of Medication .
003.01 A staff member of a school may participate in medication administration, when directed and monitored by a recipient with capability and capacity to make an informed decision about medications, caretaker, or health care professional, by providing medications in compliance with the Medication Aide Act and rules and regulations adopted and promulgated under the Act, including this Chapter and Title 172, Nebraska Administrative Code, Chapter 95. In each case, the individual responsible for providing direction and monitoring must be identified in writing and indication that such individual has accepted such responsibility must also be identified in writing.
003.02 A staff member of a school may provide routine medications by the following routes:
003.02A Oral, which includes any medication given by mouth, including sublingual (placing under the tongue) and buccal (placing between the cheek and gum) routes and oral sprays;
003.02B Inhalation, which includes inhalers and nebulizers. Oxygen may be given by inhalation;
003.02C Topical application of sprays, creams, ointments, and lotions and transdermal patches; and
003.02D Instillation by drops, ointments, and sprays into the eyes, ears, and nose.
003.03 A staff member of a school determined to be competent by a recipient with capability and capacity to make an informed decision about medications, a caretaker, or a health care professional may provide medications through additional activities listed in subsections 003.03A through 003.03C, if it has been determined by a health care professional and placed in writing that these activities can be done safely for a specified recipient.
003.03A Provision of PRN medications;
003.03B Provision of medications by routes in addition to those identified in subsections 003.02A through 003.02D, including, but not limited to, gastrostomy tube, rectal, and vaginal, but not including the provision of medications or fluids intravenously; and
003.03C Participation in observing and reporting for monitoring medications.
003.04 Direction for staff members of a school to provide medication by routes not listed in subsection 003.02 of this Chapter must be for recipient specific procedures and must be in writing. Direction for PRN medication must be in writing and include the parameters for provision of the PRN medication. Direction for observing and reporting for monitoring medication must be in writing and include the parameters for the observation and reporting. Staff members of a school must comply with written directions.
004 Medication Aide Act - Competency Assessment .
004.01 Competencies. In order for a school to assess the competency of staff members to provide medication, the staff members of the school must be able to successfully pass a competency assessment no less than every three (3) years. Such competency assessments will consist of a demonstration by the school staff member of each of the minimum competency standards set forth in Title 172, Nebraska Administrative Code, Chapter 95, Section 004, to the satisfaction of the health care professional designated by the school to conduct the assessment.
004.02 School staff members will not be required to take a course, or be listed on the Medication Aide Registry in order to meet the requirements of this Chapter.
005 Medication Aide Act - Documentation .
005.01 Health care professionals designated by the school to conduct competency assessments, as described in Section 004 of this Chapter, must provide the school staff member and the school with written documentation of successful completion of competency assessment. Documentation may be by letter, certificate, or other official record designated by the school and must include:
005.01A The name of the school staff member who successfully completed the competency assessment;
005.01B The date the competency assessment was conducted; and
005.01C The name, profession, and license number of the health care professional who conducted the competency assessment.
005.02 Schools must maintain written documentation of successful completion of competency assessments, identification of the individual providing direction and monitoring, and acceptance of the responsibility for direction and monitoring for a minimum of two (2) years.
005.03 Schools must keep and maintain accurate records of administration of medication by school staff. The record of administration of medication must include but not be limited to:
005.03A Identification of the recipient;
005.03B Name of the medication given;
005.03C The date, time, dosage and route for each medication provided;
005.03D Identification of the person who provided the medication; and
005.03E Any refusal by the recipient to take or receive a medication.
005.04 Records maintained pursuant to subsections 005.01, 005.02, and 005.03 of this Chapter must be available to the Department of Education and the Department of Health and Human Services Regulation and Licensure for inspection and copying according to the Family Education Rights and Privacy Act (FERPA) requirements.
006 Emergency Response to Life Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis) .
006.01 Emergency Protocol. All accredited schools, approved schools, and approved early childhood education programs must adopt and implement the Emergency Response to Life-Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis) Protocol contained in Appendix A of this Chapter. In addition to adopting the protocol, accredited schools, approved schools, and approved early childhood education programs must procure and maintain the equipment and medication necessary to implement the protocol in each school building while school is in session in the case of any student and/or school staff emergency.
006.02 Prescribing Health Care Practitioner. Accredited schools, approved schools, and approved early childhood education programs must obtain a minimum of one signature of a prescribing health care practitioner on the bottom of the protocol and orders in Appendix A of this Chapter. The orders shall serve as a prescription for emergency use as described in Neb. Rev. Stat. § 71-2475.
006.03 Parental and/or Guardian Objections to Protocol. The requirements of this Chapter do not preclude accredited schools, approved schools, and approved early childhood education programs from complying with a request from a parent or guardian that a minor student not receive emergency treatment under the protocol. A school district’s decision to withhold emergency treatment in such circumstances is not governed by this Chapter.
007 Seizure Safe Schools Act – General Requirements .
007.01 Prior to the administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms by a school employee, a student's parent or guardian must:
007.01A Provide the school with a written authorization to administer the medication at school;
007.01B Provide a written statement from the student's health care practitioner containing the following information:
007.01B1 The student's name;
007.01B2 The name and purpose of the medication;
007.01B3 The prescribed dosage;
007.01B4 The route of administration;
007.01B5 The frequency that the medication may be administered; and
007.01B6 The circumstances under which the medication may be administered;
007.01C Provide the medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy; and
007.01D Collaborate with school employees to create a seizure action plan pursuant to Section 008 of this Chapter.
007.02 The authorization, statement, and seizure action plan must be kept on file in the office of the school nurse or school administrator.
007.03 Any authorization provided by a parent or guardian under this section will be effective for the school year in which it is provided and must be renewed each following school year upon fulfilling the requirements of subsection 007.03 of this Chapter.
007.04 If specified in a student's seizure action plan, the student must be permitted to possess the supplies, equipment, and medication necessary to treat a seizure disorder in accordance with such seizure action plan.
007.05 A school or school employee who acts in compliance with the Seizure Safe Schools Act will not be liable for damages related to the care of a student's seizure disorder unless such damages resulted from an act of willful or wanton misconduct by the school or school employee.
007.06 A school employee will not be subject to any disciplinary proceeding related to an act taken in compliance with the Seizure Safe Schools Act unless such action constitutes willful or wanton misconduct.
008 Seizure Safe Schools Act – Seizure Action Plans .
008.01 Any certificated school employee employed by an accredited school or an approved school who is informed by a parent or guardian of a student that such student has a seizure disorder and has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms must inform the parent or guardian of their right to request the development of a seizure action plan.
008.02 Upon request by a parent or guardian of a student that has a seizure disorder and has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms, an accredited school or an approved school must arrange a collaborative meeting within five school days between the parent or guardian, the school nurse if the school employs a school nurse, a school administrator, and any school personnel or volunteers responsible for the supervision or care of the student who are able to attend. The parent or guardian may request the inclusion in such meeting of any other person, including the student, who has knowledge that may be beneficial in the development of the seizure action plan.
008.03 Each seizure action plan must include:
008.03A The student’s name and birth date;
008.03B The name and phone number of each parent or guardian and any additional emergency contacts;
008.03C The name and phone number for the medical provider prescribing seizure rescue medication or medication to treat seizure disorder symptoms;
008.03D Information about the seizure type, length, and frequency of seizures the student has experienced and a description of what happens;
008.03E Information about seizure triggers, important medical history, allergies, and any other relevant health information;
008.03F Instructions for first aid for any seizure;
008.03G Instructions for when to call 911 and when to call the identified medical provider;
008.03H Instructions for when seizure rescue medication or medication to treat seizure disorder symptoms may be needed and how to administer the medication;
008.03I Instructions for care after a seizure;
008.03J Any special instructions for first responders or emergency departments; and
008.03K The signature of a parent or guardian and the date when the seizure action plan was signed.
008.04 Each seizure action plan must be distributed to any school personnel or volunteers responsible for the supervision or care of the student for whom such seizure action plan was created.
009 Seizure Safe Schools Act – Training Requirements .
009.01 In addition to any other professional development and collegial planning activities for certificated school employees, each certificated school employee employed by an accredited school or an approved school must participate in a minimum of one hour of self-study review of seizure disorder materials at least once in every two school years.
009.02 If an accredited school or approved school has a student enrolled who has a seizure disorder and has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms, the school must have at least one school employee who has met the training requirements necessary to administer or assist with the self-administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms.
009.03 Any school employee assigned the duties under subsection 007.02 of this Chapter must complete a training program that:
009.03A Includes instruction in administering seizure medications, recognizing the signs and symptoms of seizures, and responding to such signs and symptoms with the appropriate steps; and
009.03B Is consistent with training programs and guidelines developed by a nationally recognized organization focused on epilepsy.
010 Enforcement .
010.01 A school will be subject to discipline under Title 92, Nebraska Administrative Code, Chapter 10 or Chapter 14 for violation of the Medication Aide Act or Sections 002 through 005 in this Chapter, or provisions in Title 172, Nebraska Administrative Code, Chapter 95.
Appendix A
EMERGENCY RESPONSE TO LIFE-THREATENING ASTHMA OR SYSTEMIC ALLERGIC REACTIONS (ANAPHYLAXIS)
DEFINITION : Life-threatening asthma consists of an acute episode of worsening airflow obstruction. Immediate action and monitoring are necessary.
A systemic allergic reaction (anaphylaxis) is a severe response resulting in cardiovascular collapse (shock) after the injection of an antigen (e.g. bee or other insect sting), ingestion of a food or medication, or exposure to other allergens, such as animal fur, chemical irritants, pollens or molds, among others. The blood pressure falls, the pulse becomes weak, AND DEATH CAN OCCUR. Immediate allergic reactions may require emergency treatment and medications.
LIFE-THREATENING ASTHMA SYMPTOMS : Any of these symptoms may occur:
- Chest tightness
- Wheezing
- Severe shortness of breath
- Retractions (chest or neck “sucked in”)
- Cyanosis (lips and nail beds exhibit a grayish or bluish color)
- Change in mental status, such as agitation, anxiety, or lethargy
- A hunched-over position
- Breathlessness causing speech in one-to-two word phrases or complete inability to speak
ANAPHYLACTIC SYMPTOMS OF BODY SYSTEM : Any of the symptoms may occur within seconds. The more immediate the reaction , the more severe the reaction may become. Any of the symptoms present require several hours of monitoring.
- Skin: warmth, itching, and/or tingling of underarms/groin, flushing, hives
- Abdominal: pain, nausea and vomiting, diarrhea
- Oral/Respiratory: sneezing, swelling of face (lips, mouth, tongue, throat), lump or tightness in the throat, hoarseness, difficulty inhaling, shortness of breath, decrease in peak flow meter reading, wheezing reaction
- Cardiovascular: headache, low blood pressure (shock), lightheadedness, fainting, loss of consciousness, rapid heart rate, ventricular fibrillation (no pulse)
- Mental status: apprehension, anxiety, restlessness, irritability
EMERGENCY PROTOCOL:
- CALL 911.
- Summon school nurse if available. If not, summon designated trained, non-medical staff to implement an emergency protocol.
- Check airway patency, breathing, respiratory rate, and pulse.
- Administer medications (epinephrine auto injector and nebulized albuterol) per standing order.
- Determine cause as quickly as possible.
- Monitor vital signs (pulse, respiration, etc.).
- Contact parents immediately and prescribing health care practitioner as soon as possible.
- Any individual treated for symptoms with epinephrine at a school will be transferred to a medical facility.
STANDING ORDERS FOR RESPONSE TO LIFE-THREATENING ASTHMA OR ANAPHYLAXIS:
- Administer epinephrine auto injector junior for any child less than 60 pounds or adult epinephrine auto injector for any individual over 60 pounds into the muscle towards the front and outer side of the thigh.
- Follow with nebulized albuterol while awaiting EMS.
- If symptoms persist, repeat epinephrine auto injector followed by nebulized albuterol every fifteen minutes while awaiting EMS arrival.
- Administer CPR, if indicated.
Prescribing Health Care Practitioner Date
When signed by a licensed prescribing health care practitioner, these orders shall serve as a prescription as defined in Neb. Rev. Stat. § 71-2475 for emergency use for epinephrine auto injectors and nebulized albuterol to be used accordingly.
History
- Effective 2024-06-02
Chapter 61 Contested Cases
Neb. Admin. Code tit. 92, ch. 61 Contested Cases {#sec-92-nac-61 omnilex-key=us-ne-regs-official--title-92--92 NAC 61}
001. General .
001.01. Application of Rules. Pursuant to Neb. Rev. Stat. § 84-909.01, the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under the circumstances. Agencies may adopt regulations which vary from the model rules; however, any agency adopting a rule of procedure that differs from the model rule shall include in the agency's explanatory statement the reasons why the relevant portions of the Attorney General's model rules are impracticable under the circumstances. This chapter is based upon the Attorney General's model rules.
001.02. Definitions. The following definitions shall apply as used throughout Chapter 61 of these rules and regulations.
001.02A. Board shall mean the State Board of Education.
001.02B. Commissioner shall mean the State Commissioner of Education.
001.02C. Contested case shall mean a proceeding before the Board in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after a Board hearing.
001.02D. Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:
001.02D1. Communications which do not pertain to the merits of a contested case;
001.02D2. Communications required for the disposition of ex parte matters as authorized by law;
001.02D3. Communications in a ratemaking or rulemaking proceeding; and
001.02D4. Communications to which all parties have given consent.
001.02E. Hearing officer shall mean the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title designation.
001.02F. Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case. The Commissioner may be a party.
001.02G. Petition means the initial document filed by or with the Board that sets forth a claim and request for Board action.
002. Prohibitions against ex parte communications .
002.01. Prohibitions; when applicable. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
002.02. Prohibitions; to whom applicable.
002.02A. Parties and public. No party in a contested case or other person outside the Department having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer or to a Board member, Commissioner, or Department employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.
002.02B. Persons in decisionmaking roles. No hearing officer, Board member, Commissioner, or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case shall make or knowingly cause to be made an ex parte communication to any party in a contested case or other person outside the Department having an interest in the contested case.
002.02C. Investigators. The Commissioner or employees engaged in the investigation or enforcement of a contested case shall not make or knowingly cause to be made an ex parte communication to a hearing officer or Board member or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.
002.03. Disclosure of contacts. The hearing officer, Board members, the Commissioner, or employees who are or may reasonably be expected to be involved in the decisionmaking process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 002.02A through 002.02C shall file in the record of the contested case:
002.03A. All such written communications;
002.03B. Memoranda stating the substance of all such oral communications; and
002.03C. All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.
002.03D. The filing shall be made within two working days of the receipt or making of the ex parte communication. Notice of the filing, with an opportunity to respond, shall be given to all parties of record.
002.03E. Filing and notice of filing provided under subsection 002.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.
003. Intervention in a contested case .
003.01. Intervention in a contested case shall be allowed when the following requirements are met:
003.01A. A petition for intervention must be submitted in writing to the hearing officer or designee at least five days before the hearing. Copies must be mailed by the petitioner for intervention to all parties named in the hearing officer's notice of the hearing;
003.01B. The petition must state facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
003.01C. The hearing officer or designee must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
003.02. The hearing officer or designee may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.
003.03. If a petitioner qualifies for intervention, the hearing officer or designee may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Those conditions may include:
003.03A. Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;
003.03B. Limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and
003.03C. Requiring two or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in the proceedings.
003.04. The hearing officer or designee, at least 24 hours before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order.
003.04A. The hearing officer or designee may modify the order at any time, stating the reasons for the modification.
003.04B. The hearing officer or designee shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.
004. Commencement of a contested case .
004.01. The contested case begins with the filing of a petition and request for hearing, if applicable, with the Board. The petition is the initial document filed with the Board that sets forth a claim and request for Board action. A sample petition is included in this chapter as Appendix A.
004.02. A party to a contested case shall be the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.
004.03. A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney or other representative as permitted by law.
004.04. The pleadings in a contested case may include a petition, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Board. A sample Answer is included in this chapter as Appendix B. Any pleading filed in a contested case shall meet the following requirements:
004.04A. The pleading shall contain a heading specifying the name of the Board and the title or nature of the pleading, shall state material factual allegations and state concisely the action the Board is being requested to take, shall contain the name and address of the petitioner, and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney.
004.04A1. Attorneys shall also include their address, telephone number and bar number.
004.04A2. The initial petition shall also contain the name and address of the respondent.
004.04B. All pleadings shall be made on white, letter-sized (8 x 11) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be written in ink.
004.05. All pleadings shall be filed with the Board at its official office, at the State Office Building, 6th Floor, 301 Centennial Mall South, Lincoln, Nebraska, 68509, unless otherwise directed by the Board or its hearing officer. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Department, which are 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday, except state holidays.
004.06. The Board shall serve a copy of the petition on each respondent listed in the petition personally or by first-class or certified mail. Written proof of such service shall be filed with the Board. Each respondent who chooses to file a responsive pleading must do so within 20 days from the date of personal service or the date of Board mailing of the petition.
004.07. All pleadings subsequent to the initial petition shall be served by the party filing such pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall be made personally or by first-class or certified mail. Written proof of such service shall be filed with the Board.
004.08. Unless state law provides that a hearing is not required, a hearing date shall be set by the Board in accordance with statutory requirements. A written notice of the time and place of hearing and the name of the hearing officer, if known, shall be served by the Board upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of such service and will be filed with the Board.
004.09. In computing time prescribed or allowed by this chapter of these rules and regulations or by any applicable statute in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period. If the last day of the period falls on a Saturday, Sunday, or state holiday, the period shall include the next working day.
005. Hearing officer; criteria .
005.01. The Board may delegate to a hearing officer other than the Commissioner or Board members the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the Board.
005.02. A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection 005.04.
005.03. A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 005.04.
005.04. If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.
005.05. A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
005.06. A person may serve as hearing officer at successive stages of the same contested case.
006. Prehearing Procedures .
006.01. Prehearing conferences and orders. A hearing officer designated to conduct a hearing may determine, subject to the Board's rules and regulations, whether a prehearing conference will be conducted. If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
006.01A. If a prehearing conference is conducted:
006.01A1. The hearing officer shall promptly notify the Board of the determination that a prehearing conference will be conducted. The Board may assign another hearing officer for the prehearing conference; and
006.01A2. The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The Board shall give notice to other persons entitled to notice.
006.01A3. The notice referred to in subsection 006.01A2 shall include the following:
006.01A3(a). The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;
006.01A3(b). The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the Board;
006.01A3(c). The official file or other reference number, the name of the proceeding, and a general description of the subject matter;
006.01A3(d). A statement of the time, place, and nature of the prehearing conference;
006.01A3(e). A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;
006.01A3(f). The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;
006.01A3(g). A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the Administrative Procedure Act; and
006.01A3(h). Any other matters that the hearing officer considers desirable to expedite the proceedings.
006.01B. The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matter as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.
006.01C. The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
006.02. Discovery in contested cases.
006.02A. The hearing officer or a designee, at the request of any party or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the rules of civil procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.
006.02B. Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall:
006.02B1. Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;
006.02B2. State the reasons supporting the motion;
006.02B3. Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and
006.02B4. Be filed with the Board. The moving party must serve copies of all such motions to all parties to the contested case.
006.02C. Other than is provided in subsection 006.02B4 above, discovery materials need not be filed with the Board.
006.03. Continuances. The hearing officer may, in his or her discretion, grant extensions of time or continuances of hearings upon the hearing officer's own motion or at the timely request of any party for good cause shown. A party must file a written motion for continuance which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties.
006.03A. Good cause. Good cause for an extension of time or continuance may include, but is not limited to, the following:
006.03A1. Illness of the party, legal counsel or witness;
006.03A2. A change in legal representation; or
006.03A3. Settlement negotiations are underway.
006.04. Amendments.
006.04A. A petition may be amended at any time before an answer is filed or is due if notice is given to the respondent or his or her attorney. In all other cases, a petitioner must request permission to amend from the hearing officer.
006.04B. A hearing officer may also allow, in his or her discretion, the filing of supplemental pleadings alleging facts material to the case occurring after the original pleadings were filed. A hearing officer may also permit amendment of pleadings where a mistake appears or where amendment does not materially change a claim or defense.
006.05. Informal Disposition. Unless otherwise precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
007. Conducting a contested case hearing .
007.01. Order. At the discretion of the hearing officer, the hearing may be conducted in the following order:
007.01A. The hearing is called to order by the hearing officer. Any preliminary motions, stipulations or agreed orders are entertained.
007.01B. Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence.
007.01C. Presentation of evidence.
007.01C1. Evidence will be received in the following order:
007.01C1(a). Evidence is presented by the petitioner;
007.01C1(b). Evidence is presented by the respondent;
007.01C1(c). Rebuttal evidence is presented by the petitioner; and
007.01C1(d). Surrebuttal evidence is presented by the respondent.
007.01C2. With regard to each witness who testifies, the following examination may be conducted:
007.01C2(a). Direct examination conducted by the party who calls the witness;
007.01C2(b). Cross-examination by the opposing party;
007.01C2(c). Redirect examination by the party who called the witness; and
007.01C2(d). Recross-examination by the opposing party.
007.01D. After the evidence is presented, each party may have opportunity to make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence. The hearing officer may request that the parties submit briefs in lieu of closing arguments.
007.02. Evidence.
007.02A. In contested cases the Board or hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
007.02B. Any party to a formal hearing before the Board, from which a decision may be appealed to the courts of this state, may request that the Board be bound by the rules of evidence applicable in district court by delivering to the Board at least three days prior to the holding of the hearing a written request therefore. Such request shall include the requesting party's agreement to be liable for the payment of costs incurred thereby and upon any appeal or review thereof, including the cost of court reporting services which the requesting party shall procure for the hearing.
007.02C. Documentary evidence may be received in the form of copies or excerpts or incorporated by reference.
007.02D. All evidence including records and documents in the possession of the Board of which it desires to avail itself shall be offered and made a part of the record in the case. No factual information or evidence other than the record shall be considered in the determination of the case.
007.02E. A hearing officer or designee may administer oaths and issue subpoenas in accordance with the rules of civil procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.
007.02F. he Board shall give effect to the rules of privilege recognized by law.
007.02G. The Board may take official notice of cognizable facts and in addition may take official notice of general, technical, or scientific facts within its specialized knowledge and the rules and regulations adopted and promulgated by the Board.
007.02G1. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of materials so noticed.
007.02G2. Parties shall be afforded an opportunity to contest facts so notice. The record shall contain a written record of everything officially noticed.
007.02H. The Board may utilize its experience, technical competence and specialized knowledge in the evaluation of the evidence presented to it.
007.03. Conducting the hearing by electronic means. The hearing officer may conduct all or part of the hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
007.04. Official record.
007.04A. The Board shall prepare an official record, which shall include testimony and exhibits, in each contested case, but it shall not be necessary to transcribe the record of the proceedings unless requested for purpose of rehearing or appeal, in which event the tender of transcript and record shall be furnished by the Board upon request and the cost of preparation.
007.04B. The Board shall maintain an official record of each contested case under the Administrative Procedure Act for at least four years following the date of the final order.
007.04C. The Board record shall consist only of the following:
007.04C1. Notices of all proceedings;
007.04C2. Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the Board pertaining to the contested case;
007.04C3. The record of the hearing before the Board, including all exhibits and evidence introduced during such hearing, a statement of matters officially noticed by the Board during the proceeding, and all proffers of proof and objections and rulings thereon; and
007.04C4. The final order.
007.04D. As provided in 92 NAC 61 Section 002.03 the hearing officer, Board members, Commissioner, or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication as set forth in that subsection shall make the appropriate filings which shall be included in the official record of the contested case.
007.04E. Except to the extent that the Administrative Procedure Act or another statute provides otherwise, the Board record shall constitute the exclusive basis for Board action in contested cases under the act and for judicial review thereof.
007.05. Costs. All costs of a formal hearing shall be paid by the party or parties against whom a final decision is rendered.
008. Decision and order in a contested case .
008.01. Every decision and order adverse to a party to the proceeding, rendered by the Board in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.
008.02. The decision and order should include:
08.02A. The name of the Board and name of the proceeding;
008.02B. The time and place of the hearing;
008.02C. The names of all parties or their attorneys who entered an appearance at the hearing;
008.02D. The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;
008.02E. The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and
008.02F. The order consisting of the action taken by the Board as a result of the facts found and the legal conclusions arising therefrom.
008.03. Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record.
009. Appeals .
009.01. Any person aggrieved by a final decision in a contested case is entitled to judicial review under the Administrative Procedure Act or to resort to such other means of review as may be provided by law.
009.02. Parties desiring to appeal a Board decision must file a petition for review in the district court of the county where the Board action is taken within thirty days after the service of the final decision by the Board. The thirty day period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law.
009.03. Unless otherwise provided by statute, the procedures of Neb. Rev. Stat. § 84-917 govern the procedure for taking an appeal.
APPENDIX A: Sample Petition Form for Contested Cases
APPENDIX B: Sample Answer Form for Contested Cases
History
- Effective 1997-10-01
Chapter 62 Declaratory Rulings
Neb. Admin. Code tit. 92, ch. 62 Declaratory Rulings {#sec-92-nac-62 omnilex-key=us-ne-regs-official--title-92--92 NAC 62}
001 General Information .
001.01 Application of these Rules. Pursuant to Neb. Laws 1994, LB 446, the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under the circumstances. Agencies may adopt regulations which vary from the model rules; however, any agency adopting a rule of procedure that differs from the model rule shall include in the agency's explanatory statement the reasons why the relevant portions of the Attorney General's model rules are impracticable under the circumstances. This chapter is based upon the Attorney General's model rules.
001.02 Scope of this Chapter. This chapter pertains solely to the procedures to be used by any person or entity seeking issuance of a declaratory order by the State Board.
001.03 Related Regulations. In addition to this Chapter, related regulations pertaining to administrative procedures before the State Board are: 92 NAC Chapter 64, Procedures for Negotiated Rulemaking, 92 NAC Chapter 63, Petitioning for Rulemaking, and 92 NAC Chapter 61, Rules of Practice and Procedure for Hearings in Contested Cases Before the State Board.
002 Definitions . As used in this chapter:
002.01 Argument shall mean the oral statement of the petitioner or any other party which explains his or her view of the facts and issues to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.
002.02 Board shall mean the State Board of Education.
002.03 Commissioner shall mean the State Commissioner of Education.
002.04 Contested case shall mean a proceeding before the Board in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the Board.
002.05 Declaratory order proceeding shall mean a proceeding initiated by a petitioner seeking issuance of a binding order by the Board as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the Board.
002.06 Hearing officer shall mean the person or persons conducting a declaratory order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title.
002.07 Intervenor(s) shall mean persons, political subdivisions, corporations, organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the Board's issuance of a binding declaratory order.
002.08 Necessary party shall mean a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.
002.09 Parties shall mean persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the Board who are involved in a declaratory order proceeding according to the procedures set forth in this chapter.
002.10 Petition shall mean the document filed in accordance with section 003 of this chapter to initiate a declaratory order proceeding.
002.11 Petitioner(s) shall mean a party or parties who have filed a petition with the Board seeking issuance of a declaratory order.
002.12 Pleading shall mean any written petition, answer, or motion used in any declaratory order proceeding before the Board as set forth in this chapter.
003 Petition for Declaratory Order .
003.01 Generally. A request for a declaratory order must be made by a petition that meets the requirements of section 003.
003.02 Who May File. Any person may petition the Board for issuance of a declaratory order as to the applicability to specified circumstances of a statute, rule, regulation, or order which is within the primary jurisdiction of the Board.
003.03 When Orders Appropriate. A declaratory order may be requested on the applicability of a statute, rule, regulation, or order enforced by the Board. "Applicability" refers to the appropriateness of the relation of the law to the person, property, or state of facts, or its relevance under the circumstances given. It may include such questions as whether the law applies at all, to whom it applies, when it applies, how it applies, or which law applies. Considerations as to whether issuance of a declaratory order is appropriate include:
003.03A A declaratory order may be requested only on the applicability of existing statutes and rules and regulations.
003.03B A declaratory order may be requested to obtain a determination of proposed conduct, not to obtain a determination of the effect of conduct that has already occurred.
003.03C A declaratory order is not a mechanism for review or appeal of a decision made by the Board in a contested case.
003.03D A declaratory order may not be requested to obtain a declaration by the Board that a statute or regulation is unconstitutional or that a regulation of the Board is invalid.
003.03E A declaratory order may not be issued by the Board that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.
003.04 Form of Petition. A petition for declaratory order shall be in the form of either a pleading or letter which shall contain each of the following:
003.04A A caption, which shall include:
003.04A1 The venue: BEFORE THE STATE BOARD OF EDUCATION, STATE OF NEBRASKA;
003.04A2 A heading specifying the subject matter and the name of the petitioner; and
003.04A3 The name of the pleading: PETITION FOR DECLARATORY ORDER
003.04B The statements required in subsection 003.05 of this chapter.
003.04C The signature of the petitioner, or when represented by an attorney, the signature of the attorney.
003.04D The name and address of the petitioner, and when represented by an attorney, the name, address, telephone number, and bar number of the attorney.
003.04E Size and Paper. The petition shall be made on white, letter-sized (8-1/2" x 11") paper.
003.04F Print. The petition shall be legibly typewritten, photostatically reproduced, printed, or handwritten. If handwritten, the petition must be written in ink. Only one side of a page shall contain any writing.
003.04G Attachments. Any documents attached to petition shall be securely fastened to the pleading and shall meet the requirements of 003.04E and 003.04F and, when possible, be reproduced on 8-1/2" x 11" paper or placed in an 8-1/2" x 11" envelope and clearly marked as an attachment to the petition.
003.05 Contents of Petition. To be considered, the petition shall include the following:
003.05A The name and address of the petitioner;
003.05B The name and address of all persons or entities, known to the petitioner, who may have a specific interest in the applicability of the statute, rule, regulation, or order or who may be adversely affected by the issue sought to be resolved by the petitioner.
003.05C The statute, rule, regulation, or order upon which the petitioner seeks issuance of a declaratory order;
003.05D A detailed statement of all of the material facts and specific circumstances which apply to petitioner's request for issuance of a declaratory order;
003.05E All propositions of law or contentions asserted by the petitioner;
003.05F A demand for the relief to which the petitioner alleges entitlement. The petition shall state the petitioner's position as to how the Board should rule and why the Board should rule in the manner requested; and
003.05G Any documents pertinent to the petition that the petitioner wishes to be considered by the Board.
003.06 The petition shall be subscribed and verified by the petitioner. If the petitioner is a corporation, political subdivision, or other entity, then the petition shall be subscribed and verified by a duly authorized agent of the petitioning entity.
003.07 Sample Petition. The petitioner may use the sample form of a petition which is attached as "Appendix A" and incorporated within this chapter. The petitioner may also prepare a reasonable facsimile of "Appendix A" so long as the requirements of subsections 003.04, 003.05, and 003.06 of this chapter are satisfied.
003.08 Written Consents. The petitioner shall also attach to the petition any written consents obtained from any necessary party that the petition may be determined by use of a declaratory order proceeding.
004 Submission and Service of Declaratory Order Petition .
004.01 The original petition for declaratory order shall be filed with the Commissioner by mail or in person during the Department's normal business hours.
004.02 The petition shall be deemed as filed when it is actually received by the Department. The Department shall date stamp all petitions upon receipt.
004.03 At the same time the petition is filed with the Commissioner, the petitioner shall serve a copy of the petition, by certified mail, return receipt requested, on all necessary parties, including all persons, political subdivisions, corporations, organizations, or other entities who are known to have or claim any interest, legal right, duty, privilege, or immunity which would be directly affected by issuance of a declaratory order in this matter by the Board.
005 Disposition of the Petition .
005.01 Generally. Upon the filing of a petition, the Commissioner may consider the petition, or delegate the matter to a designated hearing officer, or Department employee to consider the petition and recommend a decision to the Board. In reviewing the petition, the Commissioner may, in his or her discretion, do one or more of the following:
005.01A Require that additional information be submitted before the petition will be further considered;
005.01B Require a petitioner to provide notice to persons or entities who may be necessary parties and other persons that a request for a declaratory order has been filed with the Board;
005.01C Schedule a date, time, and location at which the petitioner and any other parties to the proceeding may make an oral presentation on the petition;
005.01D Consider the petition and any attachments without oral presentation.
005.02 Within thirty (30) days after the petition is filed, the Board shall, in writing:
005.02A Issue an order declaring the applicability of the statute, regulation, rule, or order in question to the specified circumstances; or
005.02B Agree to issue an order by a specified time declaring the applicability of the statute, regulation, rule, or order in question to the specified circumstances; or
005.02C Set the matter for specified proceedings as set forth in subsection 005.01 of this Chapter; or
005.02D Decline to issue a declaratory ruling, stating the reasons for the Board's decision.
005.03 Notwithstanding section 005.02 of this rule, the Board may determine at any time that it will not issue a declaratory order if issuance of an order under the circumstances would be contrary to any provisions of section 009 of this Chapter. The Board shall notify the petitioner and, if applicable, any intervenor or necessary party in writing when the Board determines not to issue a declaratory order.
006 Intervention in Declaratory Order Proceeding .
006.01 Intervention by any person or entity in a declaratory order proceeding shall be allowed when the following requirements are met:
006.01A. A petition for intervention must be submitted in writing to the Board. Copies must be mailed to all parties to the proceeding.
006.01B. The contents of the petition must be as specified in 006.02.
006.01C. The Board must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
006.02 Contents of Petition. The petition for intervention shall be submitted to the Board, in writing, on 8 1/2" x 11" white paper, and shall include each of the following:
006.02A The statute, regulation, rule, or order that may apply to or effect the person, property, entity, or facts at issue in the matter;
006.02B A statement of facts sufficient to show the intervenor's interest;
006.02C A statement of facts which demonstrate that the intervenor's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the intervenor may intervene pursuant to a provision of law;
006.02D All propositions of law or contentions asserted by the intervenor; and
006.02E A statement of the specific relief requested by the intervenor.
006.03 The Board may, at its discretion, invite any person or entity to file a petition for intervention.
006.04 The Board shall grant a petition for intervention if the requirements of § 006.01 and § 006.02 are satisfied.
006.05 The Board shall deny a petition for intervention upon determining that the interests of justice or the orderly and prompt conduct of the proceedings would be impaired by allowing the intervention.
006.06 The Board's decision to grant or deny a petition for intervention shall be in writing and served upon all parties.
007 Declaratory Order Proceedings .
007.01 Oral Argument, When. Oral argument shall be had only on specific order of the Board. A petitioner, intervenor, necessary party, or the Commissioner may submit a motion for oral argument to the Board. If opportunity for oral argument is granted, then argument shall be scheduled to be conducted not more than forty-five (45) days after filing of the petition. Petitioner and all other parties or, when represented, their attorneys, shall be served by the Board with a notice of the date, time, and location for oral argument. The Board shall provide each of the parties with notice of the proceeding not less than seven (7) days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested.
007.02 Oral Argument, Procedure. Oral argument will be made before a hearing officer or before any representative of the Board who is authorized to render or to recommend a decision to the Board. The hearing officer or Board representative shall be in control of the proceeding and shall:
007.02A Identify the proceeding and introduce himself or herself and identify each party for the record;
007.02B Hear the oral argument of the petitioner, intervenor, or necessary parties;
007.02C Close the proceedings.
007.03 At the declaratory order proceeding, the Commissioner shall have the right to present oral argument.
007.04 The hearing officer or representative may impose reasonable time limits on the amount of time allocated to each party for oral argument.
007.05 The parties and Commissioner may file briefs in support of their respective positions. The hearing officer may fix the time and order of filing briefs and may direct that briefs be submitted prior to the date of oral argument.
007.06 The oral argument may be conducted either in person or by telephone conference call.
008 Issuance of Declaratory Order .
008.01 The Board shall issue its declaratory order within sixty (60) days of the date on which the petition was filed.
008.02 The declaratory order shall be in writing and shall include the following:
008.02A The names of all parties to the proceeding upon which the order is based;
008.02B The facts upon which the order is based;
008.02C The statute, regulation, rule, or order at issue in the matter;
008.02D The Board's conclusion as to the applicability of the statute, regulation, rule, or order to the facts;
008.02E The Board's conclusion as to the legal effect or result of applying the statute, regulation, rule, or order to the facts; and
008.02F The reasons relied upon by the Board to support its conclusions.
008.03 A copy of the declaratory order shall be served upon each party by certified mail, return receipt requested.
008.04 Effect of Declaratory Order. A declaratory order shall have the same status and binding effect as any other order issued in a contested case.
008.05 No Response within 60 Days. If the Board has not issued a declaratory order within sixty (60) days after the petition has been filed, then the petition shall be deemed to have been denied by the Board.
009 Circumstances Under Which Board will not Issue Declaratory Orders .
009.01 Grounds upon which the Board shall refuse to issue a declaratory order include, but are not limited to, the following:
009.01A The petition requests a declaratory order on a matter that is outside the scope of authority of the Board;
009.01B The petition requests review or appeal of a decision made by the Board in a contested case;
009.01C The petition requests a declaratory order on the effect of past conduct;
009.01D An investigation for purposes of a formal adjudication, a contested case, or a petition to issue, amend, or repeal regulations is pending before the Board involving the petitioner on substantially the same or similar facts or issues raised in the petition;
009.01E The petition seeks a declaration that a statute or rule or regulation is unconstitutional or invalid;
009.01F The issue raised in the petition has been settled by a change in circumstances or other means so as to render moot the need for a declaratory order;
009.01G An order would substantially prejudice the rights of a person or entity who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding;
009.01H An order would not resolve the controversy or uncertainty; or
009.01I The question posed or facts presented are insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.
009.02 Grounds upon which the Board may determine to refuse to issue a declaratory order include, but are not limited to, the following:
009.02A Refusal is necessary to assure adequate allocation of Department resources are available for issuing rulings on petitions raising questions of greater urgency or significance;
009.02B The question presented is of such complexity that the Board has had insufficient opportunity or resources to develop a fully matured ruling;
009.02C The petitioner fails to submit any additional information requested by the Board or submits such information after the date established by the Board;
010 Appeal . A declaratory order is subject to review in the manner provided for review of contested cases by the Administrative Procedure Act, Neb. Rev. Stat. § 84-901 - § 84-920. Specific procedures for appeal are set forth in Neb. Rev. Stat. § 84-917.
Appendix "A"
History
- Effective 1995-08-22
Chapter 63 Petitioning for Rulemaking
Neb. Admin. Code tit. 92, ch. 63 Petitioning for Rulemaking {#sec-92-nac-63 omnilex-key=us-ne-regs-official--title-92--92 NAC 63}
TITLE 92 NAC - NEBRASKA DEPARTMENT OF EDUCATION
001 General information .
Application of these Rules. Pursuant to Neb. Laws 1994, LB 446, the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under the circumstances. Agencies may adopt regulations which vary from the model rules; however, any agency adopting a rule of procedure that differs from the model rule shall include in the agency's explanatory statement the reasons why the relevant portions of the Attorney General's model rules are impracticable under the circumstances. This chapter is based upon the Attorney General's model rules.
002 Rulemaking Petition .
002.01 Petition. Any person may petition the State Board requesting the promulgation, amendment, or repeal of a rule or regulation.
002.02 Form. The petition shall:
002.02A. Be clearly designated as a petition for a rules change;
002.02B. In the case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its entirety;
002.02C. In the case of a petition for the repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by Board rule number;
002.02D. Describe the reason for the rules change
002.02E. Include an address and telephone where the petitioner can be reached during regular work hours; and
002.02F. Be signed by:
002.02F(1). The petitioner or his or her attorney in which case the attorney shall also state his or her address and telephone number;
002.02F(2). A duly authorized officer of the petitioner, if petitioner is a corporation or other legal entity.
003 Petition Consideration and Disposition .
003.01 Within sixty (60) days after submission of a petition, the State Board shall:
003.01A. Deny the petition in writing, stating its reasons therefor;
003.01B. Initiate rulemaking or regulation making proceedings in accordance with the Administrative Procedure Act;
003.01C. If otherwise lawful, adopt a rule or regulation.
History
- Effective 1995-08-22
Chapter 64 Procedures for Negotiated Rulemaking
Neb. Admin. Code tit. 92, ch. 64 Procedures for Negotiated Rulemaking {#sec-92-nac-64 omnilex-key=us-ne-regs-official--title-92--92 NAC 64}
001 Application of these Rules . Pursuant to Neb. Laws 1994, LB 446, the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under the circumstances. Agencies may adopt regulations which vary from the model rules; however, any agency adopting a rule of procedure that differs from the model rule shall include in the agency's explanatory statement the reasons why the relevant portions of the Attorney General's model rules are impracticable under the circumstances. This chapter is based upon the Attorney General's model rules.
002 Negotiated rulemaking generally . The purpose of these regulations is to establish a framework for the conduct of negotiated rulemaking consistent with the Administrative Procedure Act and the Negotiated Rulemaking Act. The negotiated rulemaking process can be used by the Department, whenever appropriate, to resolve controversial issues prior to the commencement of formal rulemaking. Negotiated rulemaking is not a substitute for the requirements of the Administrative Procedure Act, but may be used as a supplemental procedure to permit the direct participation of affected interests in the development of new rules or the amendment or repeal of existing rules. The negotiated rulemaking process also does not preclude other Department efforts or processes designed to reach consensus with affected or interested persons concerning the content of rules or regulations. A consensus agreement on a proposed rule reached by a negotiated rulemaking committee may be modified by the Board as a result of a subsequent formal rulemaking process.
003 Definitions . For purposes of this Chapter of these model procedural rules:
003.01 APA shall mean the Administrative Procedure Act, Neb. Rev. Stat. §§ 84- 901 through 84-920 (1987, Cum. Supp. 1992, Supp. 1993).
003.02 Board shall mean the State Board of Education, which is authorized by law to make rules and regulations and which is promulgating these procedural rules.
003.03 Commissioner shall mean the State Commissioner of Education, who is the executive officer of the Board, which is promulgating these procedural rules.
003.04 Consensus shall mean unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the committee agrees upon another specified definition.
003.05 Convenor shall mean a person who impartially assists the Board in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.
003.06 Facilitator shall mean a person who impartially aids in the discussion and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator shall not have decisionmaking authority.
003.07 Interest shall mean, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner.
003.08 Negotiated rulemaking shall mean rulemaking through the use of a negotiated rulemaking committee.
003.09 Negotiated rulemaking committee or committee shall mean an advisory committee established to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule.
003.10 Person shall mean an individual, partnership, limited liability company, corporation, association, governmental subdivision, agency, or public or private organization of any character.
003.11 Rule or regulation shall mean any rule, regulation, or standard issued by the Board, including the amendment or repeal thereof whether with or without prior hearing and designed to implement, interpret, or make specific the law enforced or administered by it or governing its organization or procedure, but not including rules and regulations concerning the internal management of the Department of Education not affecting private rights, private interests, or procedures available to the public and not including permits, certificates of public convenience and necessity, franchises, rate orders and rate tariffs, and any rules of interpretation thereof, and for the purpose of the APA, every rule and regulation which shall prescribe a penalty shall be presumed to have general applicability or to affect private rights and interests.
004 Establishment of a Negotiated Rulemaking Committee; criteria . The Board may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the Commissioner determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the Commissioner shall consider whether:
004.01 There is a need for the rule.
004.02 There are a limited number of identifiable interests that will be significantly affected by the rule.
004.03 There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:
004.03A Can adequately represent the interests identified; and
004.03B Are willing to negotiate in good faith to reach a consensus on the proposed rule.
004.04 There is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time.
004.05 The negotiated rulemaking procedure will not unreasonably delay the notice of proposed formal rulemaking and the issuance of the final rule pursuant to the APA.
004.06 The Board has adequate resources and is willing to commit those resources, including technical assistance, to the committee.
004.07 The Board, to the maximum extent possible consistent with the legal obligations of the Board, will use the consensus of the committee as the basis of the rule proposed by the Board in the formal rulemaking process of the APA.
005 Convenors; selection; duties . The Board, at the discretion of the Commissioner, may use the services of a convenor.
005.01 A Board may employ or contract for an organization or an individual to serve as a convenor, or may use the services of a state employee to act as a convenor. A convenor shall not have a financial or other interest that would preclude him or her from serving in an impartial and independent manner. The Board shall determine whether a person under consideration as a convenor has such an interest. A person disqualified under this criterion shall be dropped from further consideration.
005.02 The convenor may assist the Board in making the determination of need for a negotiated rulemaking process discussed in section 004 above. The convenor may also assist the Board in:
005.02A Identifying persons who will be significantly affected by a proposed rule.
005.02B Conducting discussions with affected persons on the issues of concern and ascertaining whether the establishment of a negotiated rulemaking committee is feasible and appropriate for the particular rulemaking.
005.03 The convenor shall report findings and make recommendations to the Board. Upon request of the Board, the convenor shall ascertain the names of persons who are willing and qualified to represent the interests that will be significantly affected by the proposed rule. That report by the convenor and any recommendations of the convenor shall be public records and made available to the public for review upon request.
006 Petitions for the use of a negotiated rulemaking committee . Any person may petition the Board to request the use of a negotiated rulemaking committee in the development or revision of a rule, as provided below.
006.01 A negotiated rulemaking process may be requested on any topic appropriate for a rule or regulation by the Board.
006.01A A negotiated rulemaking process may be requested only to develop or revise rules which carry out statutes that are within the authority of the Board to implement.
006.01B A negotiated rulemaking process may not be requested to develop a rule or regulation to vary or change the specific terms of a statute.
006.01C A negotiated rulemaking process may not be requested to negotiate a rule on a matter which is not within the definition of a rule or regulation as set forth in subsection 003.11 above.
006.02 A request for the use of a negotiated rulemaking procedure shall be made by a petition that meets the requirements of form set out in this subsection. In the event that it does not, the Board may refuse to accept it.
006.02A A petition may be in the form of a pleading that contains a caption, heading, and name as set forth on Attachment 1, which is attached to these model rules and made a part of them by reference.
006.02B A petition may also be made in the form of a letter so long as the letter contains all of the information required by these regulations and is clearly delineated as a petition for negotiated rulemaking.
006.02C All petitions must be on white, letter sized paper (8 1/2 by 11) of standard weight.
006.02D Petitions must be legible, and may be typewritten, photostatically reproduced, printed, or handwritten. If handwritten, petitions must be in ink. Only one side of a page of a petition shall contain any writing.
006.02E Any documents that are intended to accompany a petition shall be securely fastened, clearly marked as attachments to the petition, and meet the other requirements of this section as to size, print and legibility.
006.03 A petition for a negotiated rulemaking procedure shall meet the following requirements for content and substance. In the event that it does not, the Board may refuse to accept it.
006.03A The petition must identify the general subject matter about which the negotiated rulemaking procedure is requested, including the statutes or legislative bill(s) which provide authority for the desired regulation, and, if amendments to existing regulations are sought, identification of the regulations by title, chapter and name.
006.03B The petition must identify the specific issue(s) proposed for inclusion in the negotiated rulemaking process.
006.03C The petition must discuss the facts surrounding each problem or issue proposed for inclusion in the negotiated rulemaking process.
006.03D The petition must discuss why a negotiated rulemaking process is in the public interest, including information on each of the criteria set out in subsections 004.01 through 004.05 above. The petition may also include information on the criteria included in subsections 004.06 and 004.07 above, to the extent such information is available to the petitioner. The petitioner may also submit such other information as may assist the Board in making a decision.
006.03E The petition must identify persons who will be significantly affected by any rule which might result from the proposed negotiated rulemaking process, to the extent known by the petitioner. The petitioner may also suggest the names of persons who are willing and qualified to represent the interests that will be significantly affected by the negotiated rulemaking process and the proposed rule.
006.04 A petition for a negotiated rulemaking process shall be filed with the Commissioner. Filing may be made by personal delivery during regular Department office hours or by mail.
006.05 Upon the filing of a petition for a negotiated rulemaking procedure, the Commissioner may designate a Department employee or use the services of a convenor to recommend to the Commissioner whether a negotiated rulemaking process should be initiated.
006.06 With sixty (60) days after submission of a petition for a negotiated rule making procedure, the Board shall:
006.06A Deny the petition in writing, stating the reason(s) for denial; or
006.06B Initiate the negotiated rulemaking process as provided in these rules.
006.07 The decision of the Board with respect to a petition for a negotiated rule making procedure may be made in the form of a pleading or a letter clearly designated as the decision on the petition. The petitioner shall be served with a copy of the Board's final decision by certified mail, return receipt requested.
006.08 A decision by the Board with respect to a petition for a negotiated rulemaking procedure is not subject to judicial review, although nothing herein shall bar a judicial review if such is otherwise provided by law.
007 Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership . If the Board decides to go forward with the establishment of a negotiated rulemaking committee, the Board shall proceed with the following process.
007.01 The Board shall give notice to the Secretary of State, publish notice in a newspaper having general circulation in the state, and, as appropriate, publish notice in other newspapers and publications. The notice shall include:
007.01A An announcement that the Board intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule.
007.01B A description of the subject and scope of the rule to be developed and the issues to be considered.
007.01C A list of interests likely to be significantly affected by the proposed rule.
007.01D A list of the persons proposed to represent the affected interests and the Board.
007.01E A proposed schedule for completing the work of the committee.
007.01F An explanation of how a person may apply for or nominate another person for membership on the committee.
007.02 Persons interested in making comments upon the formation of a particular proposed negotiated rulemaking committee shall have thirty (30) days from the date of publication of the notice concerning that committee to do so. Such comments shall be in writing, and shall either be personally delivered to the Board or mailed to the Board at its business office.
007.03 Persons interested in applying for membership on a particular proposed negotiated rulemaking committee or in nominating other persons for such membership shall have thirty (30) days from the date of publication of the notice concerning that committee to do so. Persons making application for membership or nominations for membership shall do so on Attachment 2 which is attached to these regulations and made a part of these regulations by reference, and which shall be provided by the Board. Persons making application for membership or nominations for membership may also do so by letter, so long as the letter contains all of the information set out in Attachment 2 and is clearly delineated as an application or nomination for membership on a specific negotiated rulemaking committee.
008 Establishment of a Negotiated Rulemaking Committee; Procedure . After publication of notice and termination of the comment and membership application period, the Board will consider the comments and membership applications for a particular negotiated rulemaking committee and determine whether such a committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule, and whether such a committee is feasible and appropriate in the particular rulemaking. In making the final determination as to creation of a negotiated rulemaking committee, the Board may use the services of a convenor as set out in Section 005 above. In making the final determination as to creation of a negotiated rulemaking committee, the Board and the Commissioner will apply the criteria set out in 004 above.
008.01 If, after such a determination, the Board decides that a negotiated rulemaking procedure is feasible, it shall establish a negotiated rulemaking committee as provided in these regulations. The committee will negotiate issues and develop proposed rules for use by the Board in formal rulemaking.
008.02 If, after such a determination, the Board decides not to establish a negotiated rulemaking committee, the Board shall:
008.02A Notify the persons who commented on, applied for membership on or nominated persons for membership on the particular negotiated rulemaking committee of the reasons for the decision not to establish such a committee.
008.02B Publish notice of the decision not to establish the particular negotiated rulemaking committee in a newspaper having general circulation in the state, and, as appropriate, in other newspapers and publications.
009 Negotiated Rulemaking Committee; membership . All members of a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities as other members.
009.01 Members of a negotiated rulemaking committee may include:
009.01A A person designated by the Board to represent the Department. This person shall be authorized to fully represent the Department in the discussions and negotiations of the committee.
009.01B Persons selected by the Board as willing and qualified to represent the interests that will be significantly affected by the proposed rule.
009.01C Persons contacted and recruited by the negotiated rulemaking committee itself by consensus as essential to the success of the negotiated rulemaking process.
009.01D Persons selected by the negotiated rulemaking committee by consensus upon committee review of a petition for membership or nomination as set out in subsection 009.02 below.
009.02 Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee.
009.02A Each petition or nomination for committee membership shall be in writing and be submitted to the negotiated rulemaking committee by delivering or mailing the same to the Commissioner. All such petitions or nominations shall include:
009.02A1 Identification of the applicable negotiated rulemaking proceeding.
009.02A2 The name of the petitioner or nominee, and a description of the interests the person represents.
009.02A3 Evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent.
009.02A4 A written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration.
009.02A5 An explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.
009.02B Persons wishing to file such a petition for membership or nomination to a negotiated rulemaking committee may use the form attached hereto as Attachment 3. Attachment 3 is made a part of these regulations by reference. Persons wishing to file such a petition for membership or nomination to a negotiated rulemaking committee may also do so by letter, provided that the letter contains the information set forth above.
009.02C Upon receiving a petition for membership on or nomination to a particular negotiated rulemaking committee, the committee in question shall decide, by consensus at its next meeting, whether or not to expand its membership.
010 Negotiated rulemaking committee; operation . A negotiated rulemaking committee established under these rules shall consider the matter proposed by the Board for consideration and shall attempt to reach consensus concerning a proposed rule and any other matter the committee determines is relevant to the proposed rule.
010.01 A negotiated rulemaking committee may adopt procedures or ground rules for the operation of the committee consistent with these rules and the pertinent Nebraska statutes.
010.02 The Department shall provide appropriate administrative support to a negotiated rulemaking committee including technical assistance and support.
010.03 The person representing the Department on a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities as other members of the committee and shall be authorized to fully represent the Department in the discussions and negotiations of the committee.
010.04 If a negotiated rule making committee achieves consensus on a proposed rule at the conclusion of the negotiations, the committee shall transmit to the Board a report containing the proposed rule.
010.05 If a negotiated rulemaking committee does not reach a consensus on the proposed rule, the committee shall transmit to the Board a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report any other information, recommendations, or materials that the committee considers appropriate. Any member of the committee may include as an addendum to the report additional information, recommendations or materials.
011 Facilitators; selection; duties . A facilitator shall be selected to assist a negotiated rulemaking committee with its duties.
011.01 The Commissioner may nominate a person to serve as a facilitator for the negotiations of a negotiated rulemaking committee, subject to the approval of the committee by consensus. If the committee does not approve the Commissioner's nomination for facilitator, the Commissioner shall submit a substitute nomination. If the committee does not approve the substitute nomination of the Commissioner for facilitator, the committee shall select, by consensus, a person to serve as facilitator.
011.02 The Board may employ or contract for an organization or an individual to serve as a facilitator for a negotiated rulemaking committee or the Board may use the services of a state employee to act as a facilitator. A person designated by the Board to represent the Department on a negotiated rulemaking committee with respect to substantive issues may not serve as the facilitator. A facilitator shall not have a financial or other interest that would preclude him or her from serving in an impartial and independent manner. The Board shall determine whether a person under consideration for facilitator has such an interest. A person disqualified under this criterion shall be dropped from further consideration.
011.03 A facilitator approved or selected by a committee shall:
011.03A Preside at the meetings of the committee in an impartial manner.
011.03B Impartially assist members in conducting discussions and negotiations and achieving consensus.
011.03C Manage the keeping of minutes and records.
012 Negotiated rulemaking committee; expenses . Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation. However, the Board may pay for a committee member's actual and necessary expenses incurred in serving on the committee as provided in Neb. Rev. Stat. §§ 81-1174 through 81-1177 and a reasonable per diem rate of compensation if:
012.01 The committee member certifies a lack of adequate financial resources to participate on the committee using the form at Attachment 4 which is attached to these regulations and made a part of them by reference; and,
012.02 The Board determines that the committee member's participation is necessary to assure an adequate representation of the interests of the members.
013 Grants or gifts . The Board may accept grants or gifts from any source to fund a negotiated rulemaking process if:
013.01 Information on the name of the person giving the grant or gift and the amount of the grant or gift is available to the public.
013.02 The grant or gift is given to and accepted by the Board without placing any condition on the membership of a committee or the outcome of the negotiated rulemaking process.
013.03 There is a consensus among the members of the negotiated rulemaking committee that the acceptance of the grant or gift will not diminish the integrity of the negotiated rulemaking process.
014 Negotiated rulemaking committee; termination . A negotiated rulemaking committee shall terminate upon the adoption of the final rule under consideration by the Board pursuant to the APA, unless the Board, after consulting the committee, or the committee itself specifies an earlier termination date.
015 Negotiated rulemaking procedure; judicial review . Any action of the Board relating to establishing, assisting or terminating a negotiated rulemaking committee under the Negotiated Rulemaking Act shall not be subject to judicial review, except that nothing in this section shall bar judicial review if such judicial review is otherwise provided by law.
92 NAC 64 - ATTACHMENT 1
92 NAC 64 - ATTACHMENT 2
92 NAC 64 - ATTACHMENT 3
92 NAC 64 - ATTACHMENT 4
History
- Effective 1995-08-22
Chapter 71 Procedures for Formal Review of Vocational Rehabilitation Determinations
Neb. Admin. Code tit. 92, ch. 71 Procedures for Formal Review of Vocational Rehabilitation Determinations {#sec-92-nac-71 omnilex-key=us-ne-regs-official--title-92--92 NAC 71}
001. General .
001.01. Purpose of this Chapter. This chapter provides procedures for the formal review of written determinations by Vocational Rehabilitation personnel concerning the provision, of vocational rehabilitation services. This chapter is intended to implement the requirements of 29 U.S.C. 701 et seq., 34 CFR Part 361 et seq., Neb.Rev.Stat. Sections 79-11,121 to 79-11,132 and the Nebraska Administrative Procedures Act.
001.02. Definitions. The following definitions shall apply as used throughout Chapter 71 of these rules and regulations.
001.02A. Director shall mean the Director for Vocational Rehabilitation of the Nebraska Department Education.
001.02B. Board shall mean the State Board of Education.
001.02C. Commissioner shall mean the State Commissioner of Education.
001.02D. Contested case shall mean a proceeding before the Department in which the legal rights, duties, or privileges of specific parties are required by Title I of the Vocational Rehabilitation Act of 1973, as amended, or by Neb.Rev.Stat. §79-11,128, to be determined after a hearing before a hearing officer.
001.02E. Department shall mean the Nebraska Department of Education, which is comprised of the Commissioner and the Board.
001.02F. Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:
001.02F1. Communications which do not pertain to the merits of a contested case;
001.02F2. Communications required for the disposition of ex parte matters as authorized by law;
001.02F3. Communications in a ratemaking or rulemaking proceeding; and
001.02F4. Communications to which all parties have given consent.
001.02G. Family member shall mean any relative by blood, adoption, or marriage of an individual with a disability and other individual living in the same household with whom the individual with a disability has a close interpersonal relationship.
001.02H. Hearing officer shall mean the person or persons conducting a hearing pursuant to this Chapter whether designated as the presiding officer, administrative law judge, or some other title designation.
001.02I. Individual with a disability shall mean any individual who has a physical or mental impairment which, for the individual, constitutes or results in a substantial impediment to employment, and can benefit in terms of an employment outcome (as defined in 92 NAC 72) from the provision of vocational rehabilitation services.
001.02J. Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.
001.02K. Petition means the initial document filed with the Director that sets forth a claim and request for action by the Department.
001.02L. Petitioner shall mean an individual with a disability who is an applicant for, or recipient of, Vocational Rehabilitation Services who is dissatisfied with any written determination made by Vocational Rehabilitation personnel concerning the provision, of vocational rehabilitation services, and shall include the applicant’s representative, if the applicant or recipient lacks capacity.
001.02M. Respondent shall mean the Division of Vocational Rehabilitation Services, Nebraska Department of Education.
001.02N. Vocational Rehabilitation personnel shall mean any Vocational Rehabilitation staff specialist assigned to work with the applicant or recipient.
002. Prohibitions against ex parte communications .
002.01. Prohibitions; when applicable. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
002.02. Prohibitions; to whom applicable.
002.02A. Parties and public. No party in a contested case or other person outside the Department having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer.
002.02B. Persons in decision making roles. No hearing officer shall make or knowingly cause to be made an ex parte communication to any party in a contested case or other person outside the Department having an interest in the contested case.
002.02C. Investigators. The Director or employees engaged in the investigation or enforcement of a contested case shall not make or knowingly cause to be made an ex parte communication to a hearing officer.
002.03. Disclosure of contacts. The hearing officer who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 002.02A through 002.02C shall file in the record of the contested case:
002.03A. All such written communications;
002.03B. Memoranda stating the substance of all such oral communications; and
002.03C. All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.
002.03D. The filing shall be made within two working days of the receipt or making of the ex parte communication. Notice of the filing, with an opportunity to respond, shall be given to all parties of record.
002.03E. Filing and notice of filing provided under subsection 002.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.
003. Intervention in a contested case .
003.01. Intervention in a contested case shall be allowed when the following requirements are met:
003.01A. A petition for intervention must be submitted in writing to the hearing officer or designee at least five days before the hearing. Copies must be mailed by the petitioner for intervention to all parties named in the hearing officer's notice of the hearing;
003.01B. The petition must state facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
003.01C. The hearing officer or designee must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
003.02. The hearing officer or designee may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.
003.03. If a petitioner qualifies for intervention, the hearing officer or designee may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Those conditions may include:
003.03A. Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;
003.03B. Limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and
003.03C. Requiring two or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in the proceedings.
003.04. The hearing officer or designee, at least twenty-four (24) hours before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order.
003.04A. The hearing officer or designee may modify the order at any time, stating the reasons for the modification.
003.04B. The hearing officer or designee shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.
004. Commencement of a contested case .
004.01. When an individual with a disability, who is an applicant for, or recipient of, Vocational Rehabilitation services, is dissatisfied with a written determination made by Vocational Rehabilitation personnel, they may obtain a review of the determination by filing a petition within thirty (30) calendar days from the date they received the written determination.
004.02. The contested case begins with the filing of a petition and request for hearing with the Director at his or her official office, at the Nebraska Department of Education, 301 Centennial Mall South, 6th Floor, Lincoln, Nebraska 68509-4987. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Department, which are 8:00 a.m. to 5:00 p.m., Central Time, Monday through Friday, except state holidays. The petition is the initial document filed with the Director that sets forth a claim and request for action by the Department.
004.03. A party to a contested case shall be the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.
004.04. A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney or other representative as permitted by law.
004.05. The pleadings in a contested case may include a petition, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Department. Any pleading filed in a contested case shall meet the following requirements:
004.05A. The pleading shall contain a heading specifying the name of the Department and the title or nature of the pleading, shall state material factual allegations and state concisely the action the Department is being requested to take, shall contain the name and address of the petitioner, and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney. A sample petition is contained in Appendix A.
004.05A1. Attorneys shall also include their address, telephone number and bar number.
004.05A2. The initial petition shall also contain the name and address of the respondent and shall include as an attachment a copy of the written determination with which the petitioner is dissatisfied. The petition may be filed on an optional form provided in Appendix A.
004.05B. All pleadings shall be made on white, letter-sized (8.5 x 11) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be legibly written in ink.
004.06. If the petition appears to comply with the procedural requirements of 004.05, the Director shall appoint a hearing officer selected pursuant to Section 005 and Section 006 of this Chapter, to hear the contested case. The Director shall send a Notice of Appointment to the hearing officer with the petition attached and a copy to the petitioner and respondent.
004.07. All pleadings subsequent to the petition shall be filed with the hearing officer, with copies sent to the Director at his or her official office. Filing of pleadings and copies may be accomplished by personal delivery or mail to the hearing officer’s address and to the Director for Vocational Rehabilitation, Nebraska Department of Education, 301 Centennial Mall South, 6th Floor, Lincoln, Nebraska 68509-4987 and will be received during regular office hours of the Department.
004.08. After appointment of the hearing officer, the Director shall serve a copy of the petition and a Notice to File Responsive Pleading on each respondent listed in the petition personally or by first-class or certified mail. Written proof of such service shall be filed with the Director. Each respondent who chooses to file a responsive pleading must do so within 20 calendar days from the date of personal service or the date of Director mailing of the petition.
004.09. All pleadings subsequent to the initial petition shall be served by the party filing such pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall be made personally or by first-class or certified mail. Written proof of such service shall be filed with the hearing officer with a copy to the Director.
004.10. A hearing date shall be set by the Director so that the hearing shall be held within sixty (60) calendar days of the filing of the petition unless the parties agree to a specific extension of time. A written notice of the time and place of hearing shall be served by the Director upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of such service and will be filed with the Director.
004.11. In computing time prescribed or allowed by this chapter of these rules and regulations or by any applicable statute in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period. If the last day of the period falls on a Saturday, Sunday, or state holiday, the period shall include the next working day.
004.12. Unless the individual with a disability so requests or, in an appropriate case, the representative of such individual so requests, pending a decision of the hearing officer under this Chapter, the Department shall not institute a suspension, reduction, or termination of services being provided for the individual at the time of the filing of the petition, including evaluation and assessment services and plan development, unless such services have been obtained through misrepresentation, fraud, collusion or criminal conduct on the part of the petitioner or his/her representative.
005. Hearing officer; criteria .
005.01. The Director shall appoint a hearing officer selected pursuant to 006 to conduct a prehearing conference and/or a hearing and submit a decision to the Director and the parties.
005.02. A person who has served as investigator, prosecutor, mediator or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding.
005.03. A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding.
005.04. A person who is an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education) may not serve as a hearing officer.
005.04A. A person shall not be considered to be an employee of a public agency solely because the person is paid by the agency to serve as a hearing officer.
005.05. A member of the Nebraska Rehabilitation Council established pursuant to 29 U.S.C. 721 may not serve as a hearing officer.
005.06. A person who has been involved previously in the vocational rehabilitation of the applicant or recipient who is the subject of the hearing may not serve as a hearing officer.
005.07. A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
005.08. A person may serve as hearing officer at successive stages of the same contested case.
005.09. A hearing officer shall have knowledge of the delivery of Vocational Rehabilitation Services, the Nebraska State Plan for Vocational Rehabilitation, and the federal and state rules governing the provision of such services, and training with respect to the performance of official duties.
005.10. A hearing officer shall have no personal or financial interest that would be in conflict with the objectivity of the individual.
006. Selection of Hearing Officer
006.01. The hearing officer shall be selected by the Director to hear a particular case either:
006.01A. On a random basis, or
006.01B. By agreement between:
006.01B1. The Director and the individual with a disability who is the subject of the hearing; or
006.01B2. In an appropriate case, the Director and the authorized representative who may include a parent, a family member, a guardian, an advocate, or an authorized representative, of the individual.
006.02. The hearing officer shall be selected from among a pool of qualified persons identified jointly by:
006.02A. The division of Vocational Rehabilitation Services, Nebraska Department of Education; and,
006.02B. The members of the Nebraska Rehabilitation Council established pursuant to 29 U.S.C. 721.
007. Prehearing Procedures .
007.01. Prehearing conferences and orders. A hearing officer designated to conduct a hearing may hold a prehearing conference at the request of either party or on his or her own order. If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
007.01A. If a prehearing conference is conducted:
007.01A1. The hearing officer shall promptly notify the Director and the parties of the determination that a prehearing conference will be conducted. The Director may assign another hearing officer for the prehearing conference or the initial hearing officer may hold the pre-hearing conference; and
007.01A2. The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The Director shall give notice to other persons entitled to notice.
007.01A3. The notice referred to in subsection 007.01A2 shall include the following:
007.01A3(a). The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;
007.01A3(b). The official file or other reference number, the name of the proceeding, and a general description of the subject matter;
007.01A3(c). A statement of the time, place, and nature of the prehearing conference;
007.01A3(d). A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;
007.01A3(e). The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;
007.01A3(f). A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the Administrative Procedure Act; and
007.01A3(g). Any other matters that the hearing officer considers desirable to expedite the proceedings.
007.01B. The hearing officer shall conduct a prehearing conference, as maybe appropriate, to deal with such matters as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.
007.01C. The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
007.02. Discovery in contested cases.
007.02A. The hearing officer or a designee, at the request of any party or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the rules of civil procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.
007.02B. Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall:
007.02B1. Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;
007.02B2. State the reasons supporting the motion;
007.02B3. Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and
007.02B4. Be filed with the hearing officer with a copy to the Director. The moving party must also serve copies of all such motions to all parties to the contested case.
007.02C. Other than is provided in subsection 007.02B4 above, copies of discovery materials need not be filed with the Director.
007.03. Continuances. Except for the time limitation in subsection 004.10, the hearing officer may, in his or her discretion, grant reasonable extensions of time or continuances of hearings at the timely request of any party for good cause shown. A party must file a written motion for continuance which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties.
007.03A. Good cause. Good cause for an extension of time or continuance may include, but is not limited to, the following:
007.03A1. Illness of the party, legal counsel, representative, or witness;
007.03A2. A change in legal representation; or
007.03A3. Settlement negotiations are underway.
007.04. Amendments.
007.04A. A petition may be amended at any time before an answer is filed or is due if notice is given to the respondent or his or her attorney. In all other cases, a petitioner must request permission to amend from the hearing officer.
007.04B. A hearing officer may also allow, in his or her discretion, the filing of supplemental pleadings alleging facts material to the case occurring after the original pleadings were filed. A hearing officer may also permit amendment of pleadings where a mistake appears or where amendment does not materially change a claim or defense.
007.05. Informal Disposition. Unless otherwise precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
008. Conducting a contested case hearing .
008.01. Burden of Proof. The Petitioner shall have the burden of proving that the written determination made by Vocational Rehabilitation cited in the petition was not consistent with the provisions of the approved vocational rehabilitation services portion of the Unified or Combined State Plan, the Act, Federal vocational rehabilitation regulations, and State regulations and policies that are consistent with Federal requirements. At the discretion of the hearing officer, the hearing may be conducted in the following order:
008.01A. The hearing is called to order by the hearing officer. Any preliminary motions, stipulations or agreed orders are entertained.
008.01B. Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence.
008.01C. Presentation of evidence.
008.01C1. Evidence will be received in the following order:
008.01C1(a). Evidence is presented by the petitioner;
008.01C1(b). Evidence is presented by the respondent;
008.01C1(c). Rebuttal evidence is presented by the petitioner; and
008.01C1(d). Surrebuttal evidence is presented by the respondent.
008.01C2. With regard to each witness who testifies, the following examination may be conducted:
008.01C2(a). Direct examination conducted by the party who calls the witness;
008.01C2(b). Cross-examination by the opposing party;
008.01C2(c). Redirect examination by the party who called the witness; and
008.01C2(d). Recross-examination by the opposing party.
008.01D. After the evidence is presented, each party may have the opportunity to make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence. The hearing officer may request that the parties submit briefs in lieu of closing arguments.
008.02. Evidence.
008.02A. In contested cases the hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
008.02B. Any party to a contested case from which a decision may be appealed to the courts of this state, may request that the hearing officer be bound by the rules of evidence applicable in district court by delivering to the hearing officer at least three (3) calendar days prior to the holding of the hearing a written request therefore.
008.02C. Documentary evidence may be received in the form of copies or excerpts or incorporated by reference.
008.02D. All evidence including records and documents in the possession of the hearing officer of which he or she desires to avail himself or herself shall be offered and made a part of the record in the case. No factual information or evidence other than the record shall be considered in the determination of the case.
008.02E. A hearing officer or designee may administer oaths and issue subpoenas in accordance with the rules of civil procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.
008.02F. The hearing officer shall give effect to the rules of privilege recognized by law.
008.02G. The hearing officer may take official notice of cognizable facts and in addition may take official notice of general, technical, or scientific facts within his or her specialized knowledge and the rules and regulations adopted and promulgated by the Department.
008.02G1. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of materials so noticed.
008.02G2. Parties shall be afforded an opportunity to contest facts so noticed.
008.02G3. The record shall contain a written record of everything officially noticed.
008.02H. The hearing officer may utilize his or her experience, technical competence and specialized knowledge in the evaluation of the evidence presented to it.
008.03. Conducting the hearing by electronic means. The hearing officer may conduct all or part of the hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
008.04. Hearing Officer’s Decision. Within thirty (30) calendar days of the completion of the hearing, the hearing officer shall make a decision and provide a full written report of the findings and grounds for the decision to the petitioner, his or her attorney of record and/or petitioner’s representative, and the Director by U.S. certified mail return receipt requested.
008.04A. The written report shall meet the requirements of 009.
008.04B. The hearing officer’s decision shall be based on the approved Nebraska State Plan for Vocational Rehabilitation, the Rehabilitation Act of 1973, as amended and the regulations promulgated pursuant to it, Neb.Rev.Stat. Sections 79-11,121 to 79-11,132 and 92 NAC 72.
008.04C. The hearing officer’s decision is the final decision.
008.04D. For purposes of this section, “completion of the hearing” means when all proceedings and submissions from the parties to the hearing officer are completed. This includes any post-hearing briefs, written closing arguments and any other post-hearing submissions arranged for by the hearing officer.
008.05. Official record.
008.05A. The Department shall prepare an official record, which shall include testimony and exhibits, in each contested case, but it shall not be necessary to transcribe the record of the proceedings unless requested for purpose of rehearing or appeal, in which event the transcript and record shall be furnished by the Department upon request and tender of the cost of preparation.
008.05B. The Department shall maintain an official record of each contested case under this Chapter for at least four years following the date of the final order.
008.05C. The Department record shall consist only of the following:
008.05C1. Notices of all proceedings;
008.05C2. Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the Department or hearing officer or Director pertaining to the contested case;
008.05C3. The record of the hearing before the Department, including all exhibits and evidence introduced during such hearing, a statement of matters officially noticed by the hearing officer during the proceeding, and all proffers of proof and objections and rulings thereon; and
008.05C4. The final order of the hearing officer.
008.05D. As provided in 92 NAC 71 Section 002.03 the hearing officer, who receives or who makes or knowingly causes to be made an ex parte communication as set forth in that subsection shall make the appropriate filings which shall be included in the official record of the contested case.
008.05E. Except to the extent that the Administrative Procedure Act or another statute provides otherwise, the Department record shall constitute the exclusive basis for Department action in contested cases under the act and for judicial review thereof.
008.06. Costs. Each party shall pay his or her own costs to appeal the final decision.
009. Decision and order in a contested case .
009.01. Every decision and order rendered by the hearing officer in a contested case shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.
009.02. The decision and order of the hearing officer should include:
009.02A. The name of the hearing officer and name of the proceeding;
009.02B. The time and place of the hearing;
009.02C. The names of all parties or their attorneys who entered an appearance at the hearing;
009.02D. The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;
009.02E. The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and
009.02F. The order consisting of the action to be taken by the Department as a result of the facts found and the legal conclusions arising therefrom.
009.03. Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record.
010. Appeals .
010.01. Any person aggrieved by a final decision in a contested case is entitled to judicial review under the Administrative Procedure Act or to resort to such other means of review as may be provided by law.
010.02. Parties desiring to appeal a Department decision must file a petition for review in the district court of the county where the Department action is taken within thirty (30) days after the service of the final decision by the Department. The thirty (30) day period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law.
010.03. Unless otherwise provided by statute, the procedures of Neb. Rev. Stat. §84-917 govern the procedure for taking an appeal.
010.04. Decisions rendered under this Chapter are not appealable to the Commissioner of Education or State Board of Education under 92 NAC 61.
010.05. If any person appeals the final decision of the hearing officer, the final decision involved shall be implemented pending review by the court.
APPENDIX A: SAMPLE PETITION FORM
History
- Effective 2018-07-15
Chapter 72 Vocational Rehabilitation Services
Neb. Admin. Code tit. 92, ch. 72 Vocational Rehabilitation Services {#sec-92-nac-72 omnilex-key=us-ne-regs-official--title-92--92 NAC 72}
001. General Information
001.01. Laws and Regulations. The Nebraska Vocational Rehabilitation Program operates pursuant to the Rehabilitation Act, found in the United States Code, Title 29, Section 701 et seq.; federal regulations found in the Code of Federal Regulations, Chapter 34, Part 80 and Part 361 et seq.; Revised Nebraska Statutes §79-11,121 et seq.; and, the Nebraska Vocational Rehabilitation State Plan which is filed and updated annually with the United States Department of Education.
001.02. Administration. The program is administered under the general supervision and direction of the Commissioner of Education. The Director is appointed by the Commissioner, with the approval of the State Board of Education, in accordance with established personnel standards and on the basis of the Director's education, training, experience, and demonstrated ability in the field of vocational rehabilitation. The Director shall, with the approval of the Commissioner, establish and maintain appropriate subordinate administrative units within the program.
001.03. Department Policies. Any policies, manuals, or procedures issued by the Commissioner of Education or approved by the State Board of Education relating to the internal operation of the State Department of Education shall apply to all activities performed by the program.
001.04 Purposes. The purpose of the program is to operate a comprehensive and coordinated program designed to provide individuals with disabilities with vocational rehabilitation services which will increase their productivity and employment opportunities, increase their ability to achieve independent living, and maximize their community inclusion and integration so they may prepare for and engage in gainful employment.
001.05. Services, Goods, and Supports. The program will provide services reasonable and necessary to achieve an employment outcome to eligible individuals with disabilities consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
001.06. Responsibilities. The Program is responsible for all decisions concerning the eligibility for vocational rehabilitation services; the nature and scope of available vocational rehabilitation services; the provision of rehabilitation services; the determination that a recipient has achieved an employment outcome commensurate with his or her unique strengths, resources priorities, concerns, abilities, capabilities, interests and informed choice; and, the allocation and expenditure of program funds. These responsibilities may not be delegated to any other organization or individual.
001.07. Individual Responsibilities. Individuals participating in the program as either an applicant or a recipient have the following responsibilities:
001.07A. To be honest regarding their intent to achieve an employment outcome consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choices;
001.07B. To cooperate, which includes keeping scheduled appointments on time, following medical and other professional advice including advice provided by program staff, and completing all assignments and other tasks on time;
001.07C. To assume primary responsibility for identifying their employment outcomes, planning their vocational rehabilitation services, and carrying out their Individualized Plans for Employment;
001.07D. To help pay for the costs of services received by seeking out, applying for, and using any comparable services and benefits for which they are eligible; and,
001.07E. To keep in regular contact with program staff regarding case progression, including promptly informing program staff of changes in their personal and financial circumstances, and of problems encountered with services or service providers.
001.08 Failure to Comply with Responsibilities. Failure of an applicant or recipient to comply with any of the responsibilities in Section 001.07 may result in the termination of program services.
001.09. Personal Information. Personal information relating to applicants and recipients will be kept confidential according to applicable federal law, state law, and related regulations.
001.10. Exceptions to State Regulations, Scope of Services and Fees. The Director shall designate which program staff has the authority and discretion to make exceptions to any state imposed regulations contained in this Chapter, including regulations on scope of services and fees. Exceptions may be granted if the designated staff determines there is no alternative to addressing the recipient’s need for a service or support necessary to complete an assessment for determining eligibility and vocational rehabilitation needs or to achieve the job goal on the recipient’s approved Individualized Plan for Employment (IPE).
001.11. Implementation Date. Individual recipient Individualized Plan for Employment (IPE) provisions related to post-secondary training will become effective on July 1 following the effective date of this Chapter. All other provisions of this Chapter become effective on the effective date of this Chapter.
002. Definitions . Terms used in this Chapter not defined below have meaning as defined in the laws and regulations of the Rehabilitation Act.
002.01. Applicant shall mean an individual who has completed, signed, and submitted an application form to participate in the program. If appropriate, the applicant may have a parent, family member, guardian, advocate, or other authorized representative sign the application.
002.02. Comparable services and benefits shall mean services and benefits, including accommodations and auxiliary aids and services that are:
002.02A. Provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;
002.02B. Available to the recipient at the time needed to ensure the progress of the recipient toward achieving the employment outcome in their Individualized Plans for Employment; and,
002.02C. Commensurate to the services that the recipient would otherwise receive from the program. The professional licensing, staff qualifications and experience of other federal, state, or local public agencies will not be factors used to determine whether services or benefits are to be considered commensurate.
002.02D. For the purposes of this definition, comparable services and benefits do not include awards and scholarships based on merit.
002.03. Department shall mean the Nebraska Department of Education.
002.04. Director shall mean the Director of Vocational Rehabilitation.
002.05. Eligibility shall mean an individual with a disability who meets the requirements to participate in the program. Such requirements are that:
002.05A. He or she has a physical or mental impairment;
002.05B. The impairment constitutes or results in a substantial impediment to employment;
002.05C. The individual can benefit in terms of an employment outcome from the provision of program services; and,
002.05D. The individual requires services from the program in order to prepare for, secure, retain, or regain employment.
002.06. Employment outcome shall mean:
002.06A. Entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment in the integrated labor market;
002.06B. Satisfying the vocational outcome of supported or customized employment; or,
002.06C. Satisfying any other appropriate vocational outcome, including the vocational outcome of self-employment, telecommuting, or business ownership in a manner consistent with the Rehabilitation Act.
002.07. Individualized Plan for Employment, (IPE), shall mean an individualized written plan containing descriptions of a specific employment outcome, the nature and scope of needed services and the entities to provide them, the criteria to evaluate progress toward achievement of an outcome, and the responsibilities of the program and the recipient, including the recipient’s participation in paying for the costs of the plan.
002.07A. Before a recipient may begin program services, the plan must be agreed to and signed by the recipient or, if appropriate, a parent, a family member, a guardian, an advocate, or an authorized representative, and approved and signed by an authorized staff member.
002.07B. Before approving a recipient’s Individualized Plan for Employment, authorized staff consider:
002.07B1. The availability of employment opportunities in the specific employment outcome in the recipient’s local labor market or a labor market to which the recipient has indicated his or her willingness to relocate.
002.07B2. The consistency between employer requirements for educational level, type of preparation and relevant work experience in the specific employment outcome and the recipient’s educational level, type of preparation, and work experience.
002.07B3. The consistency between employer wages and benefits in the specific employment outcome and the recipient’s needs to meet necessary costs of living, rehabilitation technology, impairment related work expenses, and health care and impairment treatment.
002.07B4. The consistency between the typical work environment in the specific employment outcome and the recipient’s work interests, values, and needs.
002.07B5. The consistency between the essential functions typically performed in the specific employment outcome and the recipient’s functional abilities.
002.07B6. The recipient’s ability to benefit from the specific vocational rehabilitation services included in the plan to the degree necessary to resolve all inconsistencies in Sections 002.07B2 through 002.07B5 of this Chapter.
002.07C. Authorized staff may approve a recipient’s Individualized Plan for Employment if, after considering the factors in Section 002.07B of this Chapter, they determine that:
002.07C1. The specific employment outcome will be available to the recipient in the local labor market, or a labor market to which the individual is willing to relocate;
002.07C2. The specific employment outcome available to the recipient will provide the earnings and benefits necessary to meet the criteria for an employment outcome in Section 002.06 of this Chapter;
002.07C3. The plan includes the vocational rehabilitation services necessary to resolve all inconsistencies between employer requirements and occupational characteristics associated with the specific employment outcome and the recipient’s unique strengths, resources, priorities, concerns, abilities, capabilities, and interests, and informed choice; and,
002.07C4. There is a service provider available (including program staff) for each of the necessary vocational rehabilitation services in the recipient’s community or a community to which the individual is willing to relocate to receive services.
002.08. Informed choice shall mean the principle by which applicants and recipients, with support services as necessary, are provided a meaningful opportunity to participate in decisions with regard to the selection of an employment outcome, program services (including assessment services), and service providers, through the provision of, or assistance in the acquisition of, information relating to:
002.08A. The availability of employment opportunities;
002.08B. The availability and flexibility to provide potential services (including accessibility, duration, cost, and cost sharing requirements, service provider past performance in achieving results or employment outcomes and the quality of those results or outcomes, and recipient satisfaction);
002.08C. The qualifications of potential service providers;
002.08D. The types of services offered by that provider; and,
002.08E. The degree to which services are provided in integrated settings.
002.09. Mental impairments shall mean impairments produced by any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
002.10. Order of selection shall mean the order in which eligible individuals will be served when funding is not sufficient to serve all eligible individuals. Individuals in priority group one will be served first, followed by those in priority group two and lastly those in group three.
002.10A. Priority Group Three: All eligible individuals.
002.10B. Priority Group Two: Any eligible individual who:
002.10B1. Has a severe physical or mental impairment that seriously limits one functional area (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome, and
002.10B2. Requires multiple services over an extended period of time, and
002.10B3. Has one or more physical or mental impairments resulting from amputation, arthritis, autism, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculo - skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord injuries, including paraplegia and quadriplegia, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitations.
Note: Individuals who receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) automatically qualify for priority group two and are assessed to determine whether they qualify for priority group one.
002.10C. Priority Group One: Any eligible individual who:
002.10C1. Has a severe physical or mental impairment that seriously limits two or more functional areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome, and
002.10C2. Requires multiple services over an extended period of time, and
002.10C3. Has one or more physical or mental impairments resulting from amputation, arthritis, autism, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord injuries, including paraplegia and quadriplegia, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitations.
002.11. Physical impairments shall mean those impairments produced by any physiological disorder or condition, cosmetic disfigurement, or anatomical loss, affecting one or more of the body systems which includes neurological, musculo skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine systems.
002.12. Program shall mean the Nebraska Department of Education’s Vocational Rehabilitation Services program.
002.13. Recipient shall mean an applicant who has met the eligibility requirements, is qualified for services pursuant to the order of selection and is currently participating in the program.
002.14. Requires vocational rehabilitation (program) services shall mean the determination that an individually planned and coordinated program of specific services is required for an individual to prepare for, secure, retain, or regain employment. In making this determination, considerations include:
002.14A. The individual's need for specialized services, supports, or accommodations not typically used by the general public; and,
002.14B. The need for planning and coordination of multiple or complex services over a long duration to enable the individual to secure, retain, or regain employment.
002.15. Substantial impediment to employment shall mean that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual’s abilities and capabilities.
003. Comparable Services and Benefits
003.01. Program services and funds may supplement, but not supplant, those services and benefits available to a recipient and his or her family from any outside agency or entity. If comparable services and benefits are currently available and ready for immediate use, they must be used to meet, in whole or part, the cost of program services.
003.02. If any public entity other than the program is obligated under Federal or State law, or assigned responsibility under State policy, to provide or pay for any services that are also considered to be vocational rehabilitation services, then program funds cannot be used to provide or pay for such services. If the program provides or pays for services that a responsible public entity fails to provide or pay for, the program may claim reimbursement for the services from the public entity that failed to provide or pay for the services.
003.03. Applicants for and recipients of services must apply for and accept any existing comparable service or benefit. Program funds cannot be used to replace comparable services and benefits a recipient is eligible for, but refuses to apply for or accept.
003.04. The requirement to determine the availability of comparable services and benefits does not apply if this would interrupt or delay:
003.04A. The provision of program services to any recipient who is at "extreme medical risk." Extreme medical risk is a probability of substantially increasing functional impairment or death if medical services are not provided expeditiously. The determination of extreme medical risk is based upon medical evidence provided by an appropriate licensed medical professional; or,
003.04B. An immediate job placement.
003.04C. The progress of recipient for more than thirty (30) days toward achieving the employment outcome on the recipient’s approved Individualized Plan for Employment.
004. Services, Goods, and Supports Procurement
004.01. Least Cost Alternative. Considering all available alternatives, including those services which can be provided directly by program staff without additional cost to the program, the program will procure the least expensive, comparable services, goods and supports which meet the recipient’s needs.
004.02. Informed Choice. Consistent with the principle of informed choice, recipients may choose those services, goods, and supports, service providers, and procurement methods which, in their judgment, best meet their needs. However, in determining the amount of program financial assistance, the program will use the least cost alternative and the recipient must take the responsibility to pay for the excess costs incurred.
004.03. Cost Estimates.
004.03A. For cash advance, one cost estimate must be obtained for services, goods, and supports that are not subject to an established fee or specified amount stipulated in Appendix B costing $1,999.99 or less. The cost estimate must be documented in the case service record. A cost estimate may be obtained by comparison shopping, use of governmental or educational price lists, catalogs, advertisements, internet, or by telephone.
004.03B. Two (2) documented estimates must be obtained for services, goods, and supports that are not subject to an established fee or specified amount stipulated in Appendix B costing between $2,000 and $4,999.99. Cost estimates must be obtained by comparison shopping, use of governmental or educational price lists, catalogs, or advertisements, internet, or by telephone. A cost estimate from a single provider may be used if a necessary service, good, or support is available only from a single source or distributor. Cost Estimates must be documented by the program in the case service record.
004.03C. Written cost estimates must be obtained from at least three (3) providers for any services, goods, and supports that are not subject to an established fee or specific amount stipulated in Appendix B, costing $5,000 or more. A written cost estimate from a single provider may be used if a needed service, good, or support is available only from a single source or distributor. Written cost estimates must be retained in the case service record.
004.04. In-State Providers. Preference will be given to comparable goods and services that can be procured from Nebraska service providers and businesses, with first preference given to those comparable services which can be provided directly by program staff without additional cost to the program. Use of out-of-state vendors is limited to situations in which an out-of-state vendor is geographically closer to the recipient, the good or service is not available in-state, or the total cost to the program for the good or service is substantially less considering the actual cost of the good or service and the related costs associated with procuring the goods or participating in the service.
004.05. Real Estate. Program funds cannot be used, either directly or indirectly, for the purchase of any land, or for the purchase or erection of any building.
004.06. Standards. Facilities used and providers of vocational rehabilitation services must meet the minimum standards in Appendix A.
004.07. Methods of Procurement. The program offers recipients meaningful choices, subject to Appendix B, from the following three methods to procure vocational rehabilitation services, goods, and supports, including the ability of recipients to obtain vocational rehabilitation services, goods, and supports from their provider of choice.
004.07A. Cash Advance. An amount issued to the recipient in advance of the purchase of services, goods, and supports.
004.07A1. The recipient may obtain the services, goods, and supports from the provider of choice.
004.07A2. The recipient is responsible for any cost in excess of the cash advance.
004.07A3. The recipient is responsible for providing to program staff itemized receipts or other agreed on evidence to verify appropriate use of the cash advance.
004.07B. Reimbursements. A payment to a recipient for pre-authorized services, goods, and supports, not to exceed the pre-authorized amount upon the rendering of recipient’s paid or credited receipts or printed online confirmation copy.
004.07B1. The recipient may obtain the services, goods, and supports from the provider of choice.
004.07B2. The recipient is responsible for any cost in excess of the pre-authorized amounts, unless otherwise agreed to by Vocational Rehabilitation.
004.07C. Program Purchase. A pre-authorized amount for the purchase of services, goods, or supports issued to a provider in advance of the purchase.
004.07C1. The recipient may obtain the services and supports of those providers that are willing to conduct business with the program.
005. Equipment
005.01. The program shall retain a vested interest in any items of equipment in which its share of the current market value is $5,000 or more.
005.01A. If a recipient sells an item of equipment in which the program has a vested interest, the program has a right to its share of the current market value or the proceeds from sale.
005.01B. The program uses a straight line, 20% per year depreciation schedule to determine the current market value of its share. When the program share of the current market value is less than $5,000, the vested interest is relinquished.
006. Scope of Services and Fees
006.01. Fee Schedules. The program’s fee schedule in Appendix B is designed to establish a reasonable cost to the program for each purchased vocational rehabilitation service, good, or support. The fee schedule applies to all services, goods, or supports. If the recipient chooses an out-of-state or non-tax supported service or support, the program is not responsible for those costs in excess of the costs of the in-state or tax-supported service, good, or support.
006.02. Exceptions to Fee Schedules. Office Directors have the authority and discretion to make reasonable exceptions to the fee schedule amounts in Appendix B based on individual circumstances except for Sections 007.09, 008.05 and 009.05A of this Chapter. Exceptions regarding these three sections may be granted by Program staff designated by the Director based on the considerations or criteria described in those sections.
Exceptions may be granted if the Office Director or Program staff determines there is no alternative to addressing a recipient’s need for a service or support necessary to complete an assessment for determining eligibility and vocational rehabilitation needs or to achieve the employment outcome on the recipient’s approved Individualized Plan for Employment.
006.03. Financial Assistance Exclusions. The program will not provide financial assistance for fines, penalties, damages, and other settlements resulting from recipient violations (or alleged violations) of, or failure of the recipient to comply with, federal, state, local, or Indian tribal laws and regulations, including, but not limited to, traffic and parking violations. The program also will not provide financial assistance toward the recipient’s outstanding financial obligations or judgments resulting from civil or criminal legal proceedings, or for the costs of any travel outside the United States. Fees to reinstate a driver’s license are not considered a fine or penalty and are not precluded from financial assistance.
006.04. Medical Services. The program is not a health maintenance program, or a form of medical insurance. Individuals with disabilities may have continuing, long-term needs for health maintenance, continued treatment, or management of the physical or mental impairment, including medications and therapies for maintenance of function. Earnings and fringe benefits, family resources, and the services of appropriate public and private agencies, organizations, and service providers should be used to the maximum extent possible to meet these needs.
006.05. Medical Services Exclusions. The program will not provide financial resources for the following medical services: abortion, routine dental care, medical care for injuries or acute illnesses which are unrelated to the individual’s disabling condition and are not complications of physical or mental treatment services; experimental physical or mental treatment procedures; surgical implantation of any device or organ, in whole or part, in the body; and, sex change surgery.
006.06. Treatment of physical and mental impairments. The program may provide financial assistance for the diagnosis and treatment of physical and mental impairments to the extent that financial support is not readily available from a source other than the program (such as through health insurance of the individual or comparable services and benefits). The purpose of diagnosis and treatment of physical and mental impairments is to eliminate or substantially reduce, within a reasonable period of time, the impediment to employment caused by a stable or slowly progressive impairment. Diagnosis and treatment of physical and mental impairments includes, but is not limited to:
006.06A. Corrective surgery or therapeutic treatment (including physical therapy, occupational therapy, speech or hearing therapy, and drugs and supplies).
006.06B. Necessary hospitalization in connection with surgery or treatment.
006.06C. Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental treatment services or that are inherent in the individual’s disabling condition.
006.06D. Diagnosis and treatment for mental and emotional disorders by qualified personnel under state licensure laws only to the extent that inpatient and outpatient mental health, alcohol, and drug treatment are not provided through publicly funded state treatment facilities, community mental health centers, and alcohol and drug treatment programs.
006.07. Conditions and criteria for providing financial assistance for the diagnosis and treatment of physical and mental impairments are that:
006.07A. The physical or mental impairment must be stable or slowly progressive and constitute a substantial impediment to employment.
006.07B. The necessary corrective surgery, therapeutic treatment, or other diagnosis and treatment of physical and mental impairments must reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
006.07C. Comparable services and benefits must be aggressively sought to pay for the costs of any diagnosis and treatment of physical and mental impairments.
007. Home Modifications
007.01. Purpose. Home modifications are strictly limited to removal of barriers to access and function within the home environment and other limited modifications which are necessary to convert ordinary living space into space essential to achieve the employment outcome of the recipient.
007.02. Cost estimates. Cost estimates are required for the purchase of home modifications. Cost estimates may be obtained from catalogs, advertisements, by telephone, or in writing from qualified vendors. Cost estimates shall be obtained from a minimum of two (2) providers, unless there is only one (1) qualified provider available.
007.03. Erection of Structures. Home modifications cannot constitute the erection of new rooms, units, or structures.
007.04. Scope. Scope and extent of home modifications are limited to:
007.04A. Ramps. A single exterior ramp may be provided to enable the recipient to enter and leave the home, provided that the recipient will be engaging in services necessary to achieve an employment outcome.
007.04B. Stair Glides or Elevators. Exterior stair glides or elevators may be provided instead of a ramp if there are circumstances such as small lot size, lot grades, excessive comparative costs, etc., precluding the use of a ramp.
007.04C. Exterior Doors. A single exterior doorway may be widened and the outer doors replaced, if necessary, to permit the recipient to enter and leave the home.
007.04D. Interior Doorway. An interior doorway may be widened to permit the recipient to enter and leave a bathroom, personal bedroom, eating area, or other rooms in the house when essential to achieve the goals on the Individualized Plan for Employment.
007.04E. Bathrooms. Modifications to the bathroom may be provided, when necessary, to enable the recipient to function more independently in self-care activities such as bathing and toileting. These modifications are limited to:
007.04E1. Widening the doorway and replacing the door, if necessary, to provide access to the bathroom.
007.04E2. Providing access to the sink, including specialized sink fixtures, if required by the recipient’s impairment.
007.04E3. An extension seat to the commode, if necessary. The commode shall be replaced, only if required, because of the recipient’s impairment. Similarly, the commode shall be relocated only if there is no other option available to permit functional use of the bathroom.
007.04E4. The bathtub may be modified by the use of grab bars, adapted seating, hydro guards, adapted fixtures, or other modifications.
007.04E5. The bathtub may be replaced by a roll-in shower if required by the impairment.
007.04E6. The bathtub or roll-in shower may be relocated only if there is no other option to permit functional use of the bathroom.
007.04E7. Patching, priming, and painting the wall or walls disturbed by the above modifications, with color matching to the closest possible, using commonly available standard grade paint.
007.04E8. Bathroom modifications may include reconnecting moved fixtures and equipment to existing plumbing and electrical systems.
007.04E9. Bathroom modifications may include recovering the floor with a standard grade vinyl bathroom floor covering, unless carpeting is needed for mobility or safety reasons.
007.04E10. Bathroom modifications may include the provision of limited accessible storage space required for functional use in accordance with the Individualized Plan for Employment.
007.04F. Kitchen. The kitchen may be modified, if necessary, to permit the recipient to engage in self care, daily living, or housekeeping activities, such as eating, cooking, and meal preparation. Kitchen modifications are strictly limited to:
007.04F1. Widening the doorway to permit access to eating or cooking areas.
007.04F2. Lowering or raising a portion of existing counters to provide a work surface for cooking or meal preparation.
007.04F3. Opening areas under a sink or counter to provide access.
007.04F4. Necessary framing and finishing to install front controlled range top units or wall ovens, provided the recipient cannot use conventional units.
007.04F5. Lowering existing above counter storage units to provide access to stored food, kitchen, and household supplies.
007.04F6. Patching, priming, and repainting the wall or walls disturbed by the above modifications, with color matching to the closest possible, using commonly available standard grade paint.
007.04F7. Covering the area of the floor exposed by opening access to the sink or counter areas, with matching to the closest possible, using commonly available standard grade vinyl floor covering.
007.04F8. Cupboards or storage space lost by the conversion of storage space to work or access space may be replaced, provided that the remaining cupboard or storage space is inadequate. In this case, replacement is limited to the amount of storage space required for functional use, in accordance with the rehabilitation plan.
007.04F9. Kitchen modifications may include the purchase of range tops, wall ovens, or microwave ovens if the person will engage in cooking or meal preparation. Other specialized equipment needed by the recipient for these purposes because of impairment may also be purchased at the discretion of the program.
007.04G. Laundry Area. The laundry area may be modified, if necessary, to permit the recipient to do the laundry. Laundry area modifications are strictly limited to:
007.04G1. Widening the doorway to permit access to the laundry area.
007.04G2. Providing access to the washer and dryer, including the purchase of washer and dryer units whose design characteristics permit functional use by the recipient.
007.04G3. Relocation of the laundry area, provided that the existing laundry area is in an inaccessible location and access cannot be created at a cost lower than that of relocation. Relocation may include connecting the washer and dryer into existing plumbing and electrical systems, venting the dryer, and covering the laundry area floor with commonly available standard grade vinyl floor covering.
007.04H. Other Rooms. Modification of other rooms of the house is strictly limited to those rooms which will be used for purposes directly related to achieving the goals on the recipient’s Individualized Plan for Employment.
007.04I. Doorways. Doorways may be widened to provide access and trimmed to the standard of current new construction using commonly available standard grade materials.
007.04J. Interior Doors. Interior doors may not be replaced, with the exception of bathroom and personal bedroom doors, essential to privacy.
007.04K. Other Modifications. Other modifications are strictly limited to those necessary for purposes directly related to achieving the goals on the recipient’s Individualized Plan for Employment.
007.04L. Walls. Relocation of existing walls. The size of existing bathroom, kitchen, or laundry space can be increased by relocating an existing wall if this is the only option available to create an accessible and functional bathroom, kitchen, or laundry for the recipient. However, space taken for this purpose cannot be replaced.
007.04M. Building Materials. All modifications must use commonly available standard grade building materials, fixtures, floor covering, paint, and appliances. Commonly available standard grade means that which is typically used in current new construction of medium priced housing. The recipient may choose to upgrade material to match the original construction or to coordinate style and color of new fixtures, equipment, or appliances with that of other items. However, the recipient must pay for any difference in cost between standard grade and desired materials. This payment must be in addition to any other individual cost sharing in the Individualized Plan for Employment.
007.04N. Stair Glides, Lifts, and Elevators. Home modifications involving interior stair glides, lifts, or elevators may be provided only in situations where movement between floors in the structure is directly related to achieving the goals on the Individualized Plan for Employment and there are no other options for achieving these goals.
007.04O. Heating and Cooling. Home modifications involving heating and cooling systems are strictly limited to those specifically required by the recipient’s impairment and may include an air conditioner, air purifier, humidifier, and dehumidifier which attaches to the primary system, or single room air conditioner, purifier, humidifier, or dehumidifier units sufficient for the room in which the recipient will perform most of the activities related to the Individualized Plan for Employment.
007.04P. Plumbing and Electrical Systems. Home modifications involving plumbing and electrical systems are strictly limited to those required to connect impairment related equipment and appliances, or relocated appliances and fixtures, into existing systems within the existing structure.
007.05. Building Codes and Safety. All home modifications must conform to applicable local building codes and generally recognized design standards. When suitable to the needs of the individual and their residence, the design standards of the Fair Housing Act Amendments and the Americans with Disabilities Act Standards for Accessibility will be considered in the design of modifications even when not required. In-home safety is the responsibility of the recipient or his or her family, not the program. The recipient is responsible for providing smoke detectors, additional exits, and related personal safety features
007.06. New Home Construction. In situations where the recipient plans to, or is in the process of, constructing a new home or is building an addition to an existing home, assistance is strictly limited to the purchase of impairment related equipment. The recipient is responsible for all installation costs.
007.07. Rental or Leased Property. Accommodations or modifications to individually occupied rental or leased property may only be made if the owner refuses to make the modifications him/herself; the owner has given all appropriate clearances and approvals; building permits, and other pre-modification consents have been obtained; and, the recipient has no plans to move or otherwise vacate the premises.
007.08. Amount of financial assistance. The amount of financial assistance cannot exceed the lower of the least expensive alternative or the limit on Rehabilitation Technology-Home Modifications in Appendix B.
007.09. Exceptions. Exceptions to the limit on financial assistance for home modification in Appendix B may be granted by the Program staff designated by the Director, based on individual circumstances. Exceptions may be granted if Program staff determines there is no alternative to accomplish the necessary accommodation in a safe manner.
007.10. Housing Quality Standards. Prior to resolving accessibility issues, the individual’s home shall be in such condition that the property does not present a health and/or safety risk to the individual. Hazardous defects in the structure (walls, floor, ceiling, foundation, roof), electrical, or plumbing problems/codes violations need to be corrected before any modifications for accessibility can be considered. The cost of correcting these deficiencies shall be the individual’s responsibility.
008. Vehicles
008.01. Vehicle Repair.
008.01A. Purpose. Vehicle repairs are only completed on a vehicle when essential to enable the recipient to achieve their employment outcome.
008.01B. Repair Requirements. Repairs are limited to a vehicle that:
008.01B1. Will be in good mechanical condition upon completion of the necessary repairs. If necessary this is determined by consultation with a qualified mechanic familiar with the vehicle;
008.01B2. Is licensed and titled in the name of the recipient, his or her spouse, or his or her parent or guardian and for which there is current full liability insurance coverage; and
008.01B3. Whose operator has a current valid driver’s license to operate a vehicle in the State of Nebraska.
008.02. Vehicle Modifications
008.02A. Purpose. Vehicle modifications, new or existing on a vehicle being acquired by the recipient, are strictly limited to those limited changes, adaptations, or adjustments to a recipient’s vehicle that enable him or her to operate or ride in the vehicle and are essential to achieve the employment outcome of the recipient.
008.02B. Modification Requirements. Modifications are limited to the following vehicles.
008.02B1. A vehicle that is in good working condition, has a reasonable expected life, and is suitable for the adaptations and modifications required by the recipient. If the vehicle age exceeds four (4) years (based on date of original sale), or the vehicle mileage exceeds 50,000 miles, the recipient must provide a statement from a qualified mechanic showing that the vehicle is in good working condition.
008.02B2. A vehicle that is licensed and titled in the name of the recipient, his or her spouse, or his or her parent, and for which there is current full liability insurance coverage.
008.02C. Cost Estimates.
008.02C1. Two (2) documented estimates must be obtained for any modifications costing between $2,000 and $4,999.99. Cost estimates may be obtained by comparison shopping, use of governmental or educational price lists, catalogs, advertisements, internet or by telephone. A cost estimate from a single provider may be used if the modifications are only available from a single source or distributor. Cost estimates must be documented by the program in the case service record.
008.02C2. Written cost estimates must be obtained from at least three (3) providers for any modifications costing $5,000 or more. A cost estimate from a single provider may be used if the modifications are only available from a single source or distributor. Written cost estimates must be retained in the case service record.
008.02C3. In accordance with subsection 008.02A of this Chapter, VR may provide financial assistance for the portion of the cost of the purchase of a used vehicle determined by VR to represent the value of existing vehicle modifications. This assistance may be provided based on a single cost estimate of the current value of the necessary existing modifications from a provider with experience installing such equipment. The estimate should be at a prorated depreciated value based on a five year life cycle for the equipment.
008.02D. Exclusions. Vehicle modifications expressly do not include steering, braking systems, or any other system that replaces stock system provided as original equipment by the manufacturer.
008.02E. Scope. The scope and extent of vehicle modifications is limited to:
008.02E1. Entry and Exit Aids. Entry and exit aids and devices may be provided to enable the recipient to enter and exit the vehicle. These include door openers, grab bars, wheelchair lifts, handling devices, or similar devices.
008.02E2. Riding Aids. Riding aids and devices may be provided to enable the recipient to ride in the vehicle. These include wheelchair locks, tie-downs, safety belts, and similar aids and devices that enable the recipient to ride in the vehicle without significant individual risk.
008.02E3. Driving Aids. Special automotive driving aids may be provided if the recipient will operate the vehicle. These include brake and accelerator controls, dimmer switch controls, left foot accelerator, parking brake controls, right-hand operated turn lever, left-hand operated shift lever, and add-on reduced effort power steering or braking modifications designed for use with the stock systems provided as original equipment by the vehicle manufacturer.
008.02E4. Interior and Structural Adaptations. Limited interior and structural adaptations and modifications may be provided, if necessary, to install essential adaptive equipment and devices. This may include priming and painting of disturbed exterior areas to restore the initial appearance of the vehicle as closely as possible.
008.02E5. Unique Modifications. The following modifications may be provided, only if required, because of the nature of the recipient’s impairment or expected use of the vehicle:
008.02E5a. High capacity internal heating and cooling systems,
008.02E5b. Emergency equipment when the recipient will regularly operate the vehicle in isolated areas, and
008.02E5c. Major structural changes including raising the roof or lowering the floor of a vehicle.
008.02F. Repairs. Repairs to any of the aids and devices listed in Sections 008.02E1 to 008.02E5 of this Chapter, which are already installed on a vehicle, may be provided. Program assistance with Rehabilitation Technology Repair cannot exceed the amount in Appendix B. Assistance for the repair of the vehicle on which the aids and devices are installed may be provided. Program assistance with Vehicle Repair cannot exceed the amount in Appendix B.
008.02G. Financial Assistance for New Modifications. The program may provide financial assistance for new modifications to a vehicle up to the amounts in Appendix B for Vehicle Modifications – New.
008.02H. Financial Assistance for Acquiring a Vehicle with Existing Modifications. The program may provide financial assistance, up to the amount in Appendix B for Vehicle Modifications - Existing, to a recipient who is acquiring a new vehicle that has been modified by the manufacturer or a manufacturer approved vendor, or a used vehicle that has been modified by a previous owner.
008.02I. Driving Assessment and Training. The program may provide financial assistance for a driver’s assessment to determine if the recipient will be able to safely operate the vehicle and /or driver’s training to assist the recipient in learning how to operate the modified vehicle prior to the completion of vehicle modifications. Financial assistance for driver’s training cannot exceed the amount in Appendix B, Miscellaneous Training-Assistive Technology Use.
008.03. Vehicle Acquisition
008.03A. Acquisition of Motor Vehicles. The purchase or acquisition of a motor vehicle for a recipient is not allowable except as provided for in Section 009 of this Chapter, when a vehicle is essential to the initial operation of a new business enterprise. Other than for a vehicle purchase or acquisition under Section 009 of this Chapter, the program will not pay for financing fees, sales or use taxes, any down payment, leasing or rental charges. Furthermore, this limitation is not subject to the exception provision described in Section 008.05 of this Chapter.
008.03B. Acquisition of Vehicles as Adaptive Equipment. The program may provide financial assistance for adaptive equipment including All Terrain Vehicles (ATV), Utility Vehicles (UV) and similar devices necessary for personal mobility to compensate for limitations resulting from a physical disability. The program may provide financial assistance to purchase these adaptive devices up to the amount in Appendix B for Assistive Devices – Non-Prescriptive.
008.04. Licensing and Insurance Fees. The program may provide financial assistance for vehicle licensing fees and/or insurance fees for recipient owned vehicles. The insurance coverage must be limited to the minimum legal requirement for liability insurance. Financial assistance for insurance premiums must not exceed six months and the recipient must be able to assume financial responsibility for continued insurance premium payments after the program funded coverage ends.
008.05. Exceptions. Exceptions to the limit on financial assistance may be granted by Program staff designated by the Director to any state imposed regulations found in this section and related fees in Appendix B based on individual circumstances. An exception may be granted if Program staff determines there is no alternative to accomplish the necessary accommodations in a safe manner.
009. Self Employment and Establishing A Small Business Operation
009.01. Intent of self employment services. Services that may be provided when necessary to achieve an employment outcome of self-employment or establishing a small business operation are strictly limited to start-up business ventures in which the recipient will own a minimum of 51%.
009.02. Program financial assistance is available for the following services.
009.02A. Technical assistance and other consultation services to conduct market analyses, develop business plans, and in addition to program resources, to secure resources from sources other than the program for the establishment and operation of the small business enterprise.
009.02B. Expansion of a Business. Any request for expansion of an existing business must be approved by the Program staff designated by the Director. Approval will be based on whether expansion of the existing business is required to enable the recipient to earn a living wage. If approved, the limitations and requirements in Sections 009.02D, 009.03 and 009.04 of this Chapter will apply.
009.02C. Maintaining an existing business. Program financial assistance is available for assistive technology, adaptive devices, specialized equipment, and/or job site modifications which compensate for limitations resulting from a disability and assist the individual to maintain their self employment.
009.02D. New Business Start-up Expenses. Expenses related to starting a new business include the following and are limited to an establishment period not to exceed six (6) months.
009.02D1. Occupational licenses, franchise fees, and business permits including those required by any unit of state or local government.
009.02D2. Tools and equipment.
009.02D3. Stocks and supplies.
009.02D4. Operating costs such as rent, utilities, business liability insurance and advertising,.
009.02D5. Vehicle acquisition.
009.02D6. Professional technical support including, but not limited to, legal and accounting services.
009.03. Program financial assistance is not available from the program for the costs of:
009.03A. Purchase of land or buildings; or,
009.03B. Construction, renovation, or remodeling of buildings or space to be used.
009.04. Application of resources. The recipient must first apply personal and/or family resources and all financing available through grants or loans to the required business start-up expenses. Program assistance is available for the remaining business start-up expenses, up to the limit in Appendix B.
009.05. Exceptions
009.05A. Exceptions to the limit on financial assistance for business start-up expenses in Appendix B may be granted by the Program staff designated by the Director after considering the following factors:
009.05A1. The availability of financing from the Nebraska Department of Economic Development, the Small Business Administration, programs administered by the Under Secretary for Rural Development of the United States Department of Agriculture, or other programs and entities experienced in the financing of start-up small businesses;
009.05A2. The reasons for the availability or non-availability of financing from the programs and entities in Section 009.05A1 above;
009.05A3. The amount in Appendix B along with other resources are insufficient to establish the small business enterprise; and,
009.05A4. The availability of other employment options consistent with the recipient’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.
009.06. IPE Approval. After reviewing a feasibility study and a business plan for the business, authorized staff may approve a recipient’s Individual Plan for Employment with an employment goal of self employment or establishing a small business operation if they determine that:
009.06A. The business idea or concept is sound, based on an appraisal of similar ventures and their results;
009.06B. There is a market for the goods or services to be provided by the business, based on an appraisal of the market for the goods or services, market competition, and the recipient’s market strategy;
009.06C. The business venture is financially sound, based on an assessment of initial startup costs, credit and financing availability, and pro forma cash flow and profit and loss statements; and,
009.06D. The recipient will be able to manage and operate the business, based on the consistency between the requirements of the business and the recipient’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.
010. Vocational Training
010.01. Purpose. Vocational training services enable individuals with disabilities to acquire the qualifications required for employment in their agreed-on employment goals. Vocational training is an appropriate service when it will enable the recipient to acquire necessary qualifications to enter employment in the trade, occupation, or profession that is the employment goal, and when it (alone or in combination with other vocational rehabilitation services) will resolve the recipient’s impediments to employment. Employment qualifications include those academic requirements necessary to meet state or local registration, certification, or licensing requirements to practice the trade, occupation, or profession. Qualifications for employment or hire in the specific employment outcome in the recipient’s approved Individualized Plan for Employment determine the type and level of vocational training required.
010.02. Vocational Training Defined. As used in this section, vocational training includes:
010.02A. Post-secondary training occurring in institutions of higher education for which Federal student financial aid is available, including universities, colleges, community colleges, vocational schools, technical institutes, or hospital schools of nursing and allied health professions. Post-secondary training results in the award of an associate, bachelor's, master's, or doctoral degree.
010.02B. Miscellaneous training includes basic academic or literacy training, or other work and/or disability related skill building training including skill building through post secondary courses or programs for which federal student financial aid is not available.
010.03. Scope. The scope of vocational training services includes, as appropriate to the recipient and the specific employment outcome in the recipient’s approved Individualized Plan for Employment, the provision of training services and related supports to prepare for and take licensing or certification examinations required for the practice of the trade, occupation, or profession and remedy deficiencies in prerequisite course requirements necessary for acceptance into post-secondary training programs.
010.04. Expectation of Completion. The need for vocational training services must be established, based on an analysis of hiring qualification requirements for the employment goal in the local labor market or a labor market to which the recipient is willing to relocate, and the recipient's current level of vocational qualifications and functioning. In addition, there must be a reasonable expectation of successfully completing training, based on an analysis of indicators of training success such as past academic achievement or test results relating to:
010.04A. Academic skill or potential;
010.04A1. Academic skill or potential may be assessed by considering past academic performance and the results of college entrance and/or placement examinations;
010.04B. Intelligence; and,
010.04C. Vocational aptitudes as measured by psychometric tests or vocational assessments.
010.05. Admission Requirements. Recipients must meet academic and other established requirements for admission into a post-secondary training program.
010.06. Graduate Training Requirements. Before post-secondary training beyond the bachelor's level may be provided, recipients must apply for admission to both the school and the graduate program. Recipients who have been denied admission to the school and/or the graduate program will not be eligible for program financial assistance.
010.07. Comparable Services. There must be a full search for and use of comparable services and benefits. If training will be provided in an institution of higher education, there must be maximum efforts by the program and the recipient to secure grant assistance in whole or in part from other sources including filing a Free Application for Federal Student Aid (FAFSA) with the United States Department of Education.
010.07A. Co-Funding of Miscellaneous Training – Skill Building With Other Public Programs. When co-funding with the federal Department of Veteran’s Affairs under Title 38, United States Code, Chapter 31, (Training & Rehabilitation for Veterans with Service-Connected Disabilities); Dislocated Worker and Youth Services Programs; State or Federal Workers Compensation Programs or other similar public programs, the coordinated and combined funding between the co-funding programs cannot exceed the actual cost of tuition, fees, and required books and supplies.
010.08. Timelines. To receive consideration for program financial assistance, recipients must have clearly indicated their choice of attending post secondary training or miscellaneous training-skill building in a time frame that allows program staff reasonable time to obtain financial aid information, cost of attendance information, and approve the Individualized Plan for Employment prior to the first day of school.
010.08A. Initial Term. To receive consideration for program financial assistance for the initial term of training, recipients must have their Individualized Plans for Employment containing post-secondary or miscellaneous training-skill building services approved at least sixty (60) calendar days before the date on which the recipient will begin training. In addition, the recipient must provide the agency with their registration course titles and the total credit hours for the term at least five (5) business days before the start of the first term. For post secondary training as defined in Section 010.02A, recipients must complete the financial aid application and award process in sufficient time to allow the school to provide Vocational Rehabilitation (VR) with the financial aid award information no later than five (5) business days before the start of the term.
010.08B. Subsequent Terms. To receive program financial assistance for subsequent terms of training, recipients must, at least five (5) business days before the start of any term, provide the agency with registration course titles and total credit hours for the term, and any grade report or transcript issued by the institution when requested by VR. For any subsequent term that is the first term in the financial aid year for recipients in post secondary training as defined in Section 010.02A of this Chapter, the recipients must complete the financial aid application and award process in sufficient time to allow the school to provide VR with the financial aid award information no later than five (5) business days before the start of the term.
010.08C. Lack of compliance. If recipients do not comply with timelines in Sections 010.08, 010.08A and 010.08B of this Chapter, except for reasons beyond their control, no assistance is provided for that term.
010.09. Increased Living Costs, Childcare, Occupational Tools and Transportation. If required to enable the recipient to participate in post-secondary training, financial assistance with the cost of training-related increased living costs, childcare expenses, occupational tools and transportation (in addition to the financial assistance for tuition, fee, textbooks, and supplies) may be provided if unmet need will not be exceeded.
010.10. The actual cost of tuition, fees, textbooks, and supplies may be provided if the recipient is attending Gallaudet or the National Technical Institute for the Deaf, the Southwest Institute of the Deaf or any other educational institution determined by the Director to provide a comparable level of educational support as the post-secondary institutions specifically mentioned herein.
010.11. Reasonable Progress. Recipients in vocational training programs must maintain reasonable progress, according to progress criteria stated in their Individualized Plans for Employment.
010.11A. In post-secondary training programs the following minimum progress criteria must be included in the progress criteria set out in the recipient’s Individualized Plan for Employment:
010.11A1. Complete at least:
010.11A1a. 24 semester hours of credit during the academic year in a university or college that operates on a two semester and summer school system; or,
010.11A1b. 36 hours of credit during the academic year in a university or college that operates on a three semester system; or,
010.11A1c. 48 quarter hours of credit during the academic year in a technical school or community college that operates on a 4 quarter system; and,
010.11A1d. Maintain an overall minimum grade point average of "C" or equivalent, or better, unless a higher GPA is required by the program of study.
010.11B. In miscellaneous training skill building, the following minimum progress criteria must be included in the progress criteria set out in the recipient’s Individualized Plan for Employment.
010.11B1. Complete the courses registered for and maintain an overall minimum grade point average of “C” or equivalent, or better, unless a higher course grade or GPA is required by the program of study.
010.11C. A recipient may take a reduced course load due to impairment or need to maintain employment or a comparable benefit. The agreed upon reduced number of hours to be completed each term shall be documented in the case service record.
010.11D. If the recipient fails to maintain reasonable progress in a vocational training program, appropriate corrective actions should be taken, in cooperation with the training provider, to remedy the problem. Financial assistance with the cost of training may be continued for three months (or one academic term or semester for post-secondary training) to determine whether the recipient is able to make reasonable progress with the corrective actions. If reasonable progress is not achieved at the end of that period, financial assistance will be discontinued and the Individualized Plan for Employment should be reviewed and revised to determine a more suitable vocational goal.
010.12. Congressional Intent. Congress intended that program recipients avail themselves of the numerous grant and student assistance programs which are available to pay for higher education before program funds are used to pay these costs. A decision to use program funds must be consistent with the intent that program resources be used as a last resort to pay for training in institutions of higher education.
010.13. Financial Aid Information. Before the amount of vocational rehabilitation financial assistance can be determined and authorized, the program must receive from the financial aid office of the school the recipient will be attending the information in subsections 010.13A – D below. If attending a school and program eligible to offer federal financial aid, the client must file a FAFSA with the United States Department of Education.
010.13A. The budget used to determine the cost of attendance;
010.13B. The amount of the expected family contribution;
010.13C. The amount of gift aid to be awarded which is any educational benefit paid because of enrollment in a postsecondary education institution or to cover postsecondary education expenses. Gift aid includes federal and state grants, federal loans, scholarships, tuition waivers, fellowships, assistantships, and any other award or scholarship not based on merit; and,
010.13D. The amount of unmet need remaining as calculated by the financial aid office.
010.14. Unmet Need Limitation. There are no circumstances under which the program can provide financial assistance exceeding the amount of unmet need determined by the school's financial aid office.
010.15. Post-Secondary Training Financial Assistance Rates. Program financial assistance for training costs which include tuition, fees, textbooks and required consumable supplies shall be available at the amounts in Appendix B.
010.16. Maximum Credit Hours of Assistance for Post-secondary Training. The maximum credit hours of assistance for which the program will provide financial assistance is the number of credit hours required by the educational institution for the agreed upon program of study. The following credit hours, regardless of the funding source, shall count toward the maximum credit hours for their program of study.
010.16A. Transfer credit hours accepted by the institution and program of study.
010.16B. Alternative course credit hours accepted by the institution and program of study.
010.16C. Course credits earned by the recipient while under an Individualized Plan for Employment.
010.16D. Course credit hours authorized for, but not earned because the:
010.16D1. Course was not completed with a grade of C or equivalent, or a grade required by the program of study;
010.16D2. Course was withdrawn from after the 100% refund period; or
001.16D3. Course or courses completed do not meet the degree requirements of the institution and program of study.
010.17. Remedial or Developmental Classes. Limited program financial assistance is available for remedial or developmental classes. Remedial or developmental classes shall mean those classes designed to increase the ability of a recipient to pursue a course of study leading to a certificate or degree. Program financial assistance will only be provided for a maximum of six (6) semester hours or nine (9) quarter hours for remedial or developmental class hours. Costs for all remedial or developmental class hours in excess of six (6) semester hours or nine (9) quarter hours will be the recipient’s responsibility.
010.18. Exceptions. Office Directors have the authority and discretion to make reasonable exceptions to the program financial assistance provisions in this section that do not exceed unmet need based on individual circumstances. Exceptions may be granted if the Office Director determines there is no alternative to addressing a recipient’s need for vocational training necessary to achieve the employment outcome on the recipient’s approved Individualized Plan for Employment.
011. Increased Living Costs
011.01. Assistance for increased living costs is a limited tool for program use when the circumstances of participating in a vocational rehabilitation service causes additional costs to the recipient for food, shelter, clothing, or other subsistence items.
011.02. Assistance for increased living costs may be provided when participation in an assessment of eligibility and rehabilitation needs or while receiving a planned program service results in an increased cost to the recipient for food, clothing, shelter, or other subsistence items that exceeds his or her current subsistence expenses, including the costs of uniforms or other suitable clothing required for a recipient’s training, job seeking, or job placement activities. The increase in living costs must be tied to other services being provided, and is strictly limited to the additional living expenses a recipient incurs while participating in program services, not everyday living expenses.
011.03. Assistance for increased living costs may be provided for room and board expenses while in training (including dormitory fees), and for subsistence expenses incurred during relocation, including required initial one-time costs, such as a security deposit or utility initiation charges.
APPENDIX A
STANDARDS FOR FACILITIES AND SERVICE PROVIDERS
To determine whether a facility, service, program, or provider meets minimum standards, program staff consider such factors as: their past performance in achieving results or employment outcomes and the quality of results or employment outcomes achieved, licensure, accreditation, certification, or registration from state authorities; accreditation or certification from nationally recognized accrediting organizations; education, training, and experience of personnel; and, compliance with the American With Disabilities Act and Section 504 of the Rehabilitation Act.
Hospitals and clinics must be licensed by the State of Nebraska. Hospitals accredited by the Commission on Accreditation of Rehabilitation Facilities are given preference for the provision of rehabilitation medicine and treatment of physical impairments. Schools and other training institutions must be approved by a recognized accrediting body for the institution. Out-of-state schools must be approved by a nationally recognized accrediting agency or association.
Program services and goods may be purchased from any entity doing business in Nebraska, including businesses operated by independent contractors, for-profit sole proprietorships and partnerships, and those engaged in the construction or renovation of homes.
Medical or psychological diagnosis and treatment services in audiology and speech language pathology; chiropractic; dentistry; hearing aid instruments; dispensers and fitters; medicine and surgery; mental health; nursing; occupational therapy; optometry; physical therapy; podiatry; psychology; respiratory care; and, social work must be provided by professionals who are appropriately licensed, certified, or registered with the appropriate state examining board. Psychologists with clinical certification are given preference.
Prosthetic and orthotic services and appliances must be provided by professionals who are certified by the American Board of Certification for Prosthetic and Orthotic Appliance Industry Inc. or otherwise qualified by training and experience to perform the specific service required.
A qualified interpreter for the hearing impaired is an interpreter who holds a license issued by the State of Nebraska through the Nebraska Commission for the Deaf and Hard of Hearing. Interpreters providing services for hearing impaired recipients must be appropriately qualified for the particular assignment.
All service providers must be at least 18 years of age.
Background screening requirements. Background screening is required for individuals who provide job coaching, independent skills exploration and training, supported employment, and self employment consultation services. The program will conduct background screening, including checks of the following: State Patrol Criminal Records, Nebraska Sex Offender Registry, HHS Adult and Child Protective Services Central Registries, and DMV Driving Records (if transporting a recipient is a requirement of the job) before approving service agreements with individuals who will provide services requiring background screening. Service providers who employ individuals who will provide services requiring background screening must provide the program with written assurance that persons employed to provide these direct services have not been convicted of a felony or misdemeanor involving neglect or abuse of a child or vulnerable adult before the program will approve their service agreements.
APPENDIX B
FEE SCHEDULE FOR SERVICES, GOODS, AND SUPPORTS
The purpose of the fee schedule for services, goods, and supports is to contain costs and to assure the availability of program services to the largest number of individuals with significant disabilities. The intent of the schedule is to assure costs are the lowest reasonable cost for program services, goods, and supports, while allowing for sufficient flexibility to meet an applicant’s or recipient’s needs.
For cost estimate requirements, see Services, Goods, and Supports Procurement, Sections 004.03A – C and Vehicles, Sections 008.02C1 – 3 of this Chapter.
CA = Cash Advance R = Reimbursement PP = Program Purchases
Fee: A rate or amount established in a written agreement.
Cost: Actual cost of the services, goods or supports; or a pre-determined fixed amount for certain designated services and supports as stipulated in Chapter 72, or an amount specified in a fee schedule which is honored by VR.
| SERVICES, GOODS, SUPPORTS | FEE SCHEDULE | How VR Will Pay | | | | --- | --- | --- | --- | --- | | CA | R | PP | | | | Academic Literacy Training-Basic | Cost not to exceed $2,000 for the plan item. | X | X | X | | Assistive Devices – Non-Prescriptive. | Cost not to exceed $6,000 per device. | X | X | X | | Benefit Analysis | Fee for service established in a written agreement with provider. | | | X | | Child Care (In- home) | Cost equal to the Nebraska Health & Human Services Child Care Subsidy. (Title 392, Nebraska Administrative Code [392 NAC]) | X | X | | | Child Care (Out-of- home) | Cost equal to the Nebraska Health & Human Services Child Care Subsidy. [392 NAC] | X | X | X | | Computer/Laptop | Cost not to exceed $1,250 for a desktop system or laptop. | X | X | X |
| SERVICES, GOODS, SUPPORTS | FEE SCHEDULE | How VR Will Pay | | | | --- | --- | --- | --- | --- | | CA | R | PP | | | | Drugs | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for Pharmacy Services (Title 471, Nebraska Administrative Code [471 NAC]). (*If No Rate Established) | | | X | | Durable Medical Goods – Prescribed by Physicians | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for Durable Medical Equipment and Medical Supplies [471 NAC]. (*If No Rate Established) | | | X | | Employment & Training Medical Supports | Cost of employment or school required physicals, drug screens, and immunizations not to exceed $300. | | | X | | Eyeglasses | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for Visual Services [471 NAC]. (*If No Rate Established) | | | X | | Hearing Aids | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for Hearing Aids [471 NAC]. (*If No Rate Established) | | | X | | Home Modifications | Cost not to exceed $6,000 (rental property) or $10,000 (consumer or family owned). | X | X | X | | Independent Living Training | Fee for service established in a written agreement with provider not to exceed $30 per hour. | | | X | | Increased Living Costs | Relocation: Cost for moving vans, movers, and shipping of other goods not to exceed $2,000. Lodging and Per Diem: Lodging and meals not to exceed the costs in the NDE Employee Expense Reimbursement Administrative Memorandum #205, available at: https://insidende.education.ne.gov/admpolcy/200series.htm Security Deposit: Cost not to exceed one month’s rent. Rent: Cost not to exceed one month’s rent. If client is receiving house subsidy, VR will pay the difference. | X | X | X | | Interpreter – Foreign Language | Fee for service established in written agreement with provider. Certified ($50), Non-Certified ($35) | | | X | | Interpreter – Hearing Impaired | Fee for service equal to the NDE Interpreter Fee Schedule and established in a written agreement. | | | X | | Job Coaching | Fee for service established in written agreement with provider not to exceed $30 per hour. | | | X | | Job Coaching/ Placement | Fee for service established in written agreement with provider not to exceed $720 for initial assessment and placement, and $30 per hour for training services. | | | X | | Job Readiness Training | Fee for service established in written agreement with provider not to exceed $30 per hour. | | | X | | Licenses & Permits | Cost not to exceed the fee charged by licensing agency. | X | X | X |
| SERVICES, GOODS, SUPPORTS | FEE SCHEDULE | How VR Will Pay | | | | --- | --- | --- | --- | --- | | CA | R | PP | | | | Medical Evaluation | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for, as appropriate to the evaluation obtained, Physician Services, Mental Health and Substance Abuse Services, Chiropractic Services, Dental Services, Hospital Services, Physical Therapy and Occupational Therapy Services, Podiatry Services, Respiratory Therapy, Speech pathology and Audiology Services, or Visual Care Services [471 NAC]. (*No Rate Established) | | | X | | Medical Treatment | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for, as appropriate to the evaluation obtained, Physician Services, Mental Health and Substance Abuse Services, Chiropractic Services, Dental Services, Hospital Services, Physical Therapy and Occupational Therapy Services, Podiatry Services, Respiratory Therapy, Speech pathology and Audiology Services, or Visual Care Services [471 NAC]. (*No Rate Established) | | | X | | Miscellaneous Training - Skill Building | Cost equal to the actual cost of training in a specific area, topic, or skill not to exceed $4,752. For diploma or certificate programs not offering Federal Student Financial Aid, assistance includes the cost of tuition, required fees, required books and required course supplies. | X | X | X | | Miscellaneous Training – Assistive Technology Use | Cost equal to the actual cost of technology use training not to exceed $6,000. | X | X | X | | Mobile Technology | Cost not to exceed $700. | X | X | X | | Neuropsychological Evaluation | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for all established rates [471 NAC]. (*No Rate Established) | | | X | | On-the-Job- Evaluation | Cost of evaluation wage during an On-the-Job-Evaluation at Federal Minimum wage plus employer’s share of FICA. | | | X | | On-the-Job- Training | Cost for service negotiated with the training employer not to exceed a total of $4,000. | | | X | | Personal Care Assistant | Cost equal to the Nebraska Medicaid Fee Schedule Allowables for Personal Care Aid Services [471 NAC]. | X | X | | | Post Secondary Training – College | Cost equal to $168 per semester hour or $86 per quarter hour not to exceed maximum hours per Section 010.16 of this Chapter. | X | X | X |
| SERVICES, GOODS, SUPPORTS | FEE SCHEDULE | How VR Will Pay | | | | --- | --- | --- | --- | --- | | CA | R | PP | | | | Post Secondary Training – Technical | Cost equal to $68 per semester hour, $46 per quarter hour, or $1.81 per clock hour not to exceed maximum hours per Section 010.16 of this Chapter. | X | X | X | | Rehabilitation Technology Repair | Cost not to exceed $6,000 per device. | X | X | X | | Relocation Costs | Cost for moving vans, movers, and shipping of other goods not to exceed $2,000. | X | X | X | | Records – Photocopies of Medical or Hospital Records | Cost not to exceed the Department of Education photocopy rate in Administrative Memorandum #606. | | | X | | Report of Disability Verification | Cost not to exceed $25. | | | X | | Report of Physical Capacities | Cost not to exceed $25. | | | X | | Self-Employment Consultation | Fee established in written agreement with provider. | | | X | | Small Business Start Up Expenses | Cost equal to required business start up expenses remaining after all assistance and participation from other sources has been applied not to exceed $6,000. | X | X | X | | Small Business Technical Assistance | Fee established in written agreement with provider. | | | X | | Supported Employment | Fee established in written agreement with provider. | | | X | | Tools – Employment | Cost not to exceed $1,800. List of tools required from employer. | X | X | X | | Tools – Post Secondary | Cost equal to 50% of the school’s tool estimate for tools required for the program. If school has no tool estimate, cost equal to exceed 50% of the lower of two estimates. | X | X | X | | Travel – Private Vehicle | Cost equal to 30¢ per mile. | X | X | X | | Uniforms & Clothing | Cost not to exceed $175 (Interview Clothing), $225 (Work/Training Clothing & Uniforms), $150 (Steel Toed Boot or Shoe), $100 (Work Boot (not steel toed). | X | X | X | | Vehicle Modifications – New | Cost not to exceed $20,000 | X | X | X |
| SERVICES, GOODS, SUPPORTS | FEE SCHEDULE | How VR Will Pay | | | | --- | --- | --- | --- | --- | | CA | R | PP | | | | Vehicle Modifications – Existing Modifications | 20% per year depreciation from original cost of modifications | X | X | X | | Vehicle Repair | Cost not to exceed $1,000 per plan year. | X | X | X | | Worksite Modification | Cost not to exceed $6,000 per plan. | X | X | X |
History
- Effective 2018-07-15
Chapter 81 Rules and Regulations for the High School Equivalency Program
Neb. Admin. Code tit. 92, ch. 81 Rules and Regulations for the High School Equivalency Program {#sec-92-nac-81 omnilex-key=us-ne-regs-official--title-92--92 NAC 81}
001 General Provisions
001.01 Statutory Authority. The State Board of Education is authorized to adopt reasonable rules and regulations for the administration of the High School Equivalency Program pursuant to Sections 79-730 through 79-733 of the Revised Statutes of Nebraska (R.R.S.). The decision of the State Board of Education with reference to the eligibility of an applicant for a diploma of high school equivalency shall be final.
001.02 Implementation Date. Regardless of the effective date of the approval of this chapter, the implementation date will be January 1, 2014.
002 Definition of Terms As used in this Chapter :
002.01 Approved Tests shall mean the General Educational Development Tests as prepared and furnished by GED® Testing Service.
002.02 Diploma shall mean a certificate or document signifying the successful acquisition of competencies specified as equivalent to the educational development and abilities of the typical high school graduate.
002.03 GED® shall mean General Educational Development.
002.04 Official GED® Testing Centers are those public secondary and post secondary institutions located throughout the State of Nebraska which are authorized by the Commissioner of Education to administer the GED® examination.
002.05 Reasonable certainty, with respect to the achievement of educational development abilities shall mean a standard score commensurate with those standard scores which would be attained by the typical high school graduate or as established by the Commissioner of Education.
003 Eligibility Criteria for Diploma Recipients
003.01 The Commissioner of Education has the authority to issue a High School Equivalency Diploma conveying all the significance and privilege of a regular high school diploma to any person who is not a high school graduate and who meets the following requirements:
003.01A The applicant must have been a resident of Nebraska for at least thirty (30) days immediately preceding the date of application, or the final period of high school attendance during which credit was earned toward graduation was in a Nebraska high school. (Section 79-730(1) R.R.S.)
003.01B On the basis of achievement in approved tests and other criteria deemed pertinent by the Commissioner of Education, there is reasonable certainty that the applicant has attained the educational development and abilities of the typical high school graduate. (Section 79-730(2) R.R.S.)
003.01C The applicant must be at least eighteen years of age and is unable to secure a diploma from the last attended high school; or the class in which the applicant was enrolled at the time of withdrawal from school has been graduated for at least one (1) year. (Section 79-730(3) R.R.S.)
004 Application and Testing Procedures
004.01 Application:
004.01A Applicants must register online with GED® Testing Service.
004.01B Verification of age for persons 18 years of age and older.
004.01B1 The GED® Examiner will verify the applicant’s age by a valid official state driver’s license, photo bearing identification card or passport.
004.01C An applicant, under the age of 18, must:
004.01C1 Present a properly completed application to the Nebraska Department of Education (NDE) and a copy of his/her transcript of credits from the last high school attended indicating the date of withdrawal from school and for all applicants who were required by Section 79-202(1) R.R.S. to have a signed withdrawal form or notarized release form prior to withdrawing before graduation, a copy of such form. Upon receipt at NDE of above items and approval, referral to an adult education program will be made to the applicant.
004.01C2 Present a valid official state driver’s license, photo bearing identification card or passport to the GED® Examiner before testing takes place.
004.02 Retesting:
004.02A An applicant whose scores are below acceptable standards may retest with the passage of 30 days since the test was taken.
004.02B Retesting is only required for the test(s) failed.
004.03 No person under the age of 16 shall write the GED® Test.
005 Issuance of the Diploma
005.01 The Commissioner of Education shall issue a High School Equivalency Diploma based upon the following requirements:
005.01A Minimum test scores: The minimum individual and battery passing scores are as determined by the GED® Testing Service and in effect at the time of taking the test. The individual and battery passing scores for the GED® tests can be viewed at Nebraska Department of Education’s webpage: http://www.education.ne.gov/ADED/index.html and are also available from the Department. Test scores are accepted as official only when reported directly by Official GED® Centers, the Defense Activity for Non-Traditional Education Support (DANTES), directors of Veterans Administration hospitals, or the GED® Testing Service.
005.01A1 Persons that took the GED examination prior to the effective date of this Chapter but on or after January 1, 2014, who did not meet the minimum scores in effect under this Chapter at that time, but whose scores do meet the minimum scores described in Section 005.01A, will be deemed to have met the minimum score requirements under this Chapter for purposes of issuance of the High School Equivalency Diploma.
005.01B Age and Class membership: (1) The diploma candidate has attained his or her eighteenth birthday and is unable to secure a diploma from the high school he or she last attended; or (2) the class of which he/she was a member at the time of withdrawal from school has been graduated for one year.
005.01C Residence: The diploma recipient has been a resident of Nebraska for at least 30 days immediately preceding application, or the final period of high school attendance during which credit was earned toward graduation was in a Nebraska high school.
005.01D Fees:
005.01D1 The diploma candidate has paid a fee of $5.00.
005.01D2 A duplicate of the diploma may be acquired by the remittance of the fee of $2.00.
005.01D3 An official transcript of scores may be acquired by the remittance of a fee of $2.00.
006 Testing Facilities
006.01 A GED® Testing Center is established upon determination of need by the Commissioner of Education when the proposed site and its agency meet the requirements of the GED® Testing Service.
History
- Effective 2016-04-27
Chapter 82 Regulations Governing the Diploma of High School Equivalency Assistance Act
Neb. Admin. Code tit. 92, ch. 82 Regulations Governing the Diploma of High School Equivalency Assistance Act {#sec-92-nac-82 omnilex-key=us-ne-regs-official--title-92--92 NAC 82}
001 General Provision .
001.01 Statutory Authority. Section 79-2301 to 79-2308 of the Revised Statutes of Nebraska (R.R.S.) provides that the State Board of Education may adopt and promulgate rules and regulations to carry out the Diploma of High School Equivalency Assistance Act (Act).
001.02 Related Chapters. Title 92, Nebraska Administrative Code, Chapter 81(92 NAC 81), contains regulations for the high school equivalency program.
002 Diploma of High School Equivalency Assistance Act .
002.01 Purpose. The purpose of the Diploma of High School Equivalency Assistance Act is to provide assistance to institutions which offer high school equivalency programs in order to defray the costs associated with participation in such programs.
003 Definitions . For purposes of this Chapter:
003.03A Adult Information Management System (AIMS) means the student data system utilized by the Nebraska Department of Education in the administration of the Nebraska Adult Education program.
003.03B Contact hours means the hours of instruction or instructional activity. Instructional activity includes any program-sponsored activity designed to promote student learning in the program curriculum, such as classroom instruction, assessment, tutoring, distance education, or participation in a learning lab.
003.03C Department means the State Department of Education, which is comprised of the State Board of Education and the Commissioner of Education.
003.03D Fiscal year means a time period commencing on July 1 and ending on June 30 of the following year.
003.03E High School Equivalency Program means a program which is offered by an institution, or, for purposes of Section 007 of this Chapter offered by any entity other than an institution and provides participants with training and examinations for a diploma of high school equivalency.
003.03F Initial Examination means when the participant completes his/her first module of the test battery that is required to obtain the diploma of high school equivalency under Chapter 81 of this Title.
003.03G Institution means a state agency, a school district as defined in Section 79-101 R.R.S., or a community college area as defined in Section 85-1503 R.R.S.
003.03H Nebraska Adult Education Class means instruction offered to individuals who at least 16 years of age and older, officially withdrawn from school, and who function at or below the 12th grade level.
003.03I Participant, except as otherwise provided in Section 003.03J, means an individual over the age of 16 who has officially withdrawn from school and who has enrolled in a high school equivalency program at an institution and has attended a Nebraska Adult Education class a minimum of 12 contact hours.
003.03J Participant not enrolled in the institution’s high school equivalency program means an individual over the age of 16 who has officially withdrawn from school and has completed the test battery required to obtain the diploma of high school equivalency under Chapter 81 of this Title.
004 Assistance to Institutions .
004.01 Legislative Intent. Section 79-2304(1) R.R.S. states that it is the intent of the Legislature to appropriate seven hundred fifty thousand dollars ($750,000.00) from the General Fund for fiscal years 2013-2014 and 2014-2015, and any amount determined by the Legislature for any fiscal year thereafter, to the State Department of Education. Such funds shall be used by the Department to provide assistance to institutions that offer high school equivalency programs.
004.02 Provision of Assistance. Assistance shall be provided based on participation in an institution’s high school equivalency instructional and testing programs as follows:
004.02A Each such institution shall receive one assistance payment for each participant who enrolled in its high school equivalency program in the most recently completed fiscal year.
004.02B Each such institution shall receive one assistance payment for each enrolled participant who took an initial examination for a diploma of high school equivalency in the most recently completed fiscal year; and
004.02C Each such institution shall receive one assistance payment for each participant not enrolled in the institution’s high school equivalency program who took the examination for a diploma of high school equivalency in the most recently completed fiscal year.
004.02D An institution shall receive no additional assistance for any participant who failed his or her initial examination for a diploma of high school equivalency and requires additional training and testing.
004.03 Calculation of Payments. The number of participants and the number of participants not enrolled in an institution’s high school equivalency program, to be determined using student data from AIMS and testing data from GED® Testing Service, will be used by the Department to set the dollar amount available for each institution’s assistance payments annually. This amount will be calculated as a pro-rata share of the available amount of the annual appropriation based on the number of assistance payments an institution is eligible for. For each year in which funds are available under this Act, the Department will notify eligible institutions in writing, by date to be determined annually by the Department, of the amount of any assistance payments available from the Department. A grant award document will be issued to the institution within 60 days of such written notification.
005 Acquisition and Upgrade of Equipment and Software .
005.01 Using the funds allocated from the Education Innovation Fund pursuant to subdivision (4)(b)(viii) of Section 9-812 R.R.S., the State Department of Education shall provide each institution offering a high school equivalency program a one-time payment for the acquisition and upgrade of equipment and software necessary to administer examinations for diplomas of high school equivalency.
005.01A Payment will be made following claims electronically submitted to the Adult Education section, following Nebraska Adult Education instructions for completion of the “Report for Expenditures for Adult Education.” Instructions are available on the Department Adult Education website.
005.01B Claims shall include copies of receipts, invoices or other similar documentation of the equipment and software purchased together with an explanation or description of its necessity for the institution in administering exams for diplomas of high school equivalency. An institution’s claim must be received by the Department no later than May 31, 2015.
005.01C Payment by the Department to an institution under this section shall be the lesser of (a) an amount that is one equal share derived from dividing the amount available for distribution by the number of institutions that offer high school equivalency programs as of July 1, 2013; or (b) the amount of the claim for necessary acquisition and upgrade of equipment and software submitted under subsection 005.01B.
006 Reports . Each institution receiving assistance pursuant to Section 79-2304 R.R.S. shall report annually to the State Department of Education.
006.01 Institutional Reports. Each participating institution shall file an annual report with the Department for the Diploma of High School Equivalency Assistance Act for any fiscal year in which the eligible institution receives funding assistance. The annual report shall include information on the following for the most recently completed fiscal year:
006.01A The number of diplomas of high school equivalency awarded pursuant to such high school equivalency program, as verified through GED® Testing Service;
006.01B The number of participants in the high school equivalency program who moved successfully through the continuum of literacy skill levels offered by the program, as verified through AIMS;
006.01C The number of participants completing the high school equivalency program who secured entry-level career path employment, as verified through AIMS;
006.01D The number of participants completing the high school equivalency program who went on to postsecondary education or additional career training, as verified through AIMS; and
006.01E The number of participants in the high school equivalency program who were Nebraska residents or enrolled in a postsecondary educational institution located in Nebraska, as verified through AIMS.
006.02 Institutional Report Due Date. The Report described in Section 006.01 of this Chapter shall be received by the Department within 120 days of the completion of the most recent fiscal year.
007 High School Equivalency Grant Fund Assistance Payments
007.01 The State Department of Education shall provide for grants to any entity offering a high school equivalency program, which entity is not an institution. Grants pursuant to this section shall be awarded to applicants which meet the requirements of Section 79-2304 R.R.S.
007.02 Grants to the entities will be provided to entities according to the criteria described for institutions in Sections 004.02 through 004.03 of this Chapter.
007.03 For an entity to be eligible for the award of a grant under this section, it shall provide participants with training and examinations for a diploma of high school equivalency.
007.04 Each entity receiving a payment shall file an annual report to the State Department of Education, as described in Section 006 of this Chapter.
History
- Effective 2016-03-20
Chapter 83 Procedures of the State Committee for the Reorganization of School Districts
Neb. Admin. Code tit. 92, ch. 83 Procedures of the State Committee for the Reorganization of School Districts {#sec-92-nac-83 omnilex-key=us-ne-regs-official--title-92--92 NAC 83}
001 General Information
001.01 Statutory Authority. This Rule is adopted pursuant to 79-435 R.R.S. which states, in part, that the State Board of Education shall adopt and promulgate rules and regulations for the State Committee for the Reorganization of School Districts to carry out its duties as provided in law.
001.02 Scope and Application of this Rule. This chapter provides the criteria and procedure to be used by the State Committee for the Reorganization of School Districts in the review and approval or disapproval of plans and petitions for changing school district boundaries, and for unifications as provided by law.
001.03 Related Regulations. In addition to the requirements of this Rule, the following regulations apply: Title 92 Nebraska Administrative Code (NAC), Chapter 8, dealing with school financing and budgeting; and Title 92 NAC Chapter 10, dealing with procedures for the accreditation of schools.
001.04 Filing of Petitions and Plans. All petitions and plans which must be filed with the State Committee for the Reorganization of School Districts shall be filed in care of the Commissioner of Education, Nebraska Department of Education, Nebraska State Office Building, 6th Floor, 301 Centennial Mall South, Lincoln, NE 68509-4987.
002 Definitions as Used in This Chapter :
002.01 Affected Districts/District Affected, shall mean districts whose boundaries are in any manner changed by a plan of reorganization pursuant to the Reorganization of School Districts Act (Sections 79-432 to 79-451 R.R.S.) or a plan of reorganization which is the subject of a petition under Sections 79-413, 79-415, or 79-416 R.R.S..
002.02 Average Daily Membership, shall mean the average daily membership (enrollment) for grades kindergarten through twelve attributable to the local system under Section 79- 1003 R.R.S. and as filed by each district under Section 79-528(4) R.R.S..
002.03 City, shall mean a city of any class as defined by the following statutes: Sections 14-101, 15-101, 16-101, and 17-101, R.R.S..
002.04 Commissioner, shall mean the Commissioner of Education.
002.05 Consolidations, shall mean the voluntary reduction in the number of school districts providing education to a grade group (Section 79-1003 R.R.S.).
002.06 District/School District, shall mean the territory under the jurisdiction of a single school board (Section 79-101 R.R.S.).
002.07 Educational Services, shall mean those instructional and non-instructional programs provided by the school to the students enrolled in the school.
002.08 Elementary Grades, shall mean grades kindergarten through eight, inclusive (Section 79-101 R.R.S.).
002.09 Fall School District Membership, shall mean the total membership in kindergarten through grade twelve attributable to the local system as reported on the fall school district membership reports (Section 79-1003 R.R.S.).
002.10 General Fund Levy, shall mean a levy on the assessed value of real estate to finance all facets of services rendered by a school district, inclusive of operation and maintenance. (Section 003.03A of Title 92, NAC, Chapter 2).
002.11 High School Grades, shall mean all grades above eight (Section 79-101 R.R.S.).
002.12 Interlocal Agreement, shall mean an agreement under the Interlocal Cooperation Act (Sections 13-801 to 13-827 R.R.S).
002.13 Legal Voters, shall mean an elector who has a valid voter registration record on file with the election commissioner or county clerk in the county of his or her residence (Section 32-115 R.R.S.).
002.14 Petition(s), shall mean a formal written request for approval of a plan for a school district boundary change under Sections 79-413, 79-415, or 79-416 R.R.S..
002.15 Petition(s) of the people, shall mean petitions of legal voters to create a new school district from other districts, or change the boundaries of existing Class II-V districts under Section 79-413 R.R.S..
002.16 Plan(s)/plan(s) of reorganization, shall mean a concrete proposal for readjustment and realignment of any school district (Section 79-433 R.R.S.).
002.17 Reorganization of School Districts, shall mean the formation of new school districts, the alteration of boundaries of established school districts, and the dissolution or disorganization of established school districts (Section 79-433 R.R.S.).
002.18 Resident School District, shall mean the school district in which a student resides.
002.19 School Term, shall mean a “school year:” (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours (Section 79-101(7) R.R.S.).
002.20 State Aid Resources, shall mean the amount of assistance paid to a district pursuant to the Tax Equity and Educational Support Act (Section 79-1003 R.R.S.).
002.21 State Board, shall mean the State Board of Education.
002.22 State Committee, shall mean the State Committee for the Reorganization of School Districts.
002.23 System/Multiple School District System/Local System, shall have the same meaning as local system set forth in Section 79-1003 R.R.S..
002.24 Unified System/Unification, shall mean two or more Class II or III districts participating in an interlocal agreement under the Interlocal Cooperation Act with approval from the State Committee for the Reorganization of School Districts (Section 79-4,108(1) R.R.S.).
002.25 Village, shall mean any town or village containing not less than one hundred nor more than eight hundred inhabitants incorporated as a city, town, or village and any city of the second class that has adopted village government (Section 17-201 R.R.S.).
003 Criteria for Approval of Petitions for Changes of School District Boundaries; Notice and Hearing Procedures . The State Committee will approve or disapprove petitions for school district boundary changes, following a review for required contents in this section and the holding of public hearings.
003.01 Criteria for Approval of Petitions. Petitions under Section 79-413 R.R.S. or of school boards or boards of education under Sections 79-415, and 79-416 R.R.S. shall be filed with the State Committee.
003.01A Petitions of the people must contain the signatures of sixty percent of the legal voters of each district affected. If the petitions contain the signatures of at least sixty five percent of the legal voters of each affected district, the State Committee shall approve the petition.
003.01B Petitions proposing to change the boundaries of existing school districts through the transfer of a parcel of land, not to exceed six hundred forty acres, shall be approved when the petitions involve the transfer of land between Class II, III, IV, and V school districts or when there would be an exchange of parcels of land between Class II, III, IV, and V school districts and the petitions have the approval of at least sixty five percent of the school board of each affected district.
003.01C Applicable incentive payments will be approved or disapproved after review by the State Committee according to the criteria and application requirements set forth in Section 79-1011 R.R.S.. For incentive payments to be approved for consolidations, a reorganization study, including efficiency, demographics, curriculum, facility, financial, and community components, must be completed. If a study containing such elements is completed and the reorganization plan or unification agreement “will most likely result in more efficiency in the delivery of educational services or greater educational opportunities,” pursuant to Section 79-1011 R.R.S., the State Committee may approve incentive payments for the affected districts.
003.01D Petitions proposing to create a new school district or to change the boundary lines of existing school districts, any of which involves the transfer of more than six hundred forty acres, shall, when signed by at least sixty percent of the legal voters in each district affected, be submitted to the State Committee. The State Committee shall, within forty days after receipt of the petition, hold one or more public hearings and review and approve or disapprove such proposal. See Section 003.01I of this Rule for notice and hearing procedures.
003.01E If there is a bond election to be held in conjunction with a petition, the State Committee will hold the petition until the bond election has been held, during which time names may be added to or withdrawn from the petitions. If the bond election is unsuccessful, no further action on the petition is required. If the bond election is successful, the State Committee will, within fifteen days after receipt of the certification of the results, approve the petition and notify the county clerk to effect the changes in boundary lines as set forth in the petition.
003.01E1 The results of the bond election shall be certified by the County Clerk or County Election Commissioner to the State Committee.
003.01F In addition to the petitions of legal voters pursuant to Sections 003.01A through 003.01E of this Rule, Sections 79-415 to 79-418 R.R.S. provide that:
003.01F1 Changes in boundaries and the creation of a new school district from other districts may be initiated and accepted by the school board or board of education of any district.
003.01F2 When the legal voters of a Class II school district in which no city or village is located petition to merge in whole or in part with a Class II district, the merger may be accepted by petition of the school board of the accepting district.
003.01F3 Except as otherwise provided in Section 79-418 R.R.S., petitions presented pursuant to Sections 003.01F1 through 003.01F3 of this Rule shall be subject to the same requirements for content, hearings, notice, review, and appeal as petitions submitted to Sections 003.01A through 003.01E of this Rule. See Section 003.01I of this Rule for notice and hearing procedures.
003.01G When a new district is to be created from other districts or when boundary changes are proposed by dissolution and merger the petition shall contain:
003.01G1 A description of the proposed boundaries of the new district and the established school districts;
003.01G2 A summary of the terms on which reorganization is to be made between the reorganized districts, which terms may include a provision for initial school board districts or wards within the proposed district for the appointment of the first school board and also for the first election as provided in Section 79-451 R.R.S., which proposed initial school board districts or wards shall be determined by the State Committee taking into consideration population and valuation, and a determination of the terms of the board members first appointed to membership of the board of the newly reorganized district;
003.01G3 A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization;
003.01G4 A separate statement as to whether the reorganization is contingent upon success of a bond election held in conjunction with the reorganization;
003.01G5 An affidavit from the county clerk or election commissioner regarding the validity of the signatures on the petition; and
003.01G6 Such other matters as the petitioners may determine proper to be included.
003.01H Within thirty days after the creation of a new school district, the State Committee shall appoint from among the legal voters of the new school district created the number of members necessary to constitute a school board of the class in which the new school district has been classified, in accordance with Section 79-420 R.R.S..
003.01H1 The State Committee may request from the petitioners a list of persons qualified to serve on the board of education of the new school district and written applications from such persons to serve on the board of education.
003.01I Notice and Hearing Procedures for Petitions Submitted under Sections 003.01.
003.01I1 Upon receipt of any petition meeting the applicable regulatory and statutory requirements of Sections 003.01A – 003.01G of this Rule and Sections 79-413 and 79-415 through 79-418 R.R.S., the Commissioner of Education, as an ex officio member of the State Committee, or his or her designee, shall set a date for a hearing to occur within forty (40) days of the receipt of such petition and notify, by regular U.S. mail, all affected school districts. Such notice shall also be provided to each member of the State Committee.
003.01I2 All hearings are to be held in Lincoln, Nebraska, unless otherwise determined by the Commissioner or his or her designee.
003.01I3 Notice of such hearing shall be given in a legal newspaper or newspapers of general circulation of each county wherein any portion of any affected district lies. Publication of such notice shall occur at least ten (10) days prior to the hearing and proof of such publication shall be filed with the State Committee prior to the commencement of the hearing. Publication of such notice shall be the responsibility of the affected district with the largest number of pupils to the most recently filed Fall School District Membership Reports of the affected districts under Section 79-528(4) R.R.S.. The notice shall state that a hearing on the petition is to be held before the State Committee, shall state the date, time, and place of the hearing, shall contain a description of the current and proposed boundaries of the affected districts, and shall contain a statement as to where interested persons may view the petition. A sample notice is contained in Appendix A of this Rule.
003.01I4 The hearings shall be informal proceedings. The State Committee shall hear all persons interested in the petition. The State Committee may impose reasonable time limitations on presentations and testimony as it deems appropriate and necessary, and limit repetitious testimony. The State Committee, at its discretion, may receive into the record exhibits offered by school districts and other interested parties. The State Committee shall keep a record of all hearings in the formulation of its approval of petitions.
003.01I5 Following the submission of testimony and evidence, the State Committee shall review and approve or disapprove petitions for school district boundary changes by an open roll call vote. Prior to such vote, the State Committee may, at its discretion and as necessary, meet in closed session as permitted by the public meetings laws, Section 84-1410 R.R.S.. Following its review and approval or disapproval of a petition, the State Committee shall issue an order in accordance with its decision to all affected districts.
003.01I6 Appeals from changes made by the State Committee shall be taken as provided in Section 79-413(4) R.R.S..
003.02 Criteria for Approval of Plans for Reorganization of School Districts. The State Committee will approve or disapprove plans for reorganization which are subject to a special election under Sections 79-447 and 79-452 R.R.S., following a review for required content specified in Section 003.02B of this Rule and the holding of public hearing or hearings.
003.02A Before any plan of reorganization is completed or approved by the State Committee, it shall hold one or more public hearings. At such hearings, it shall hear any and all persons interested with respect to (1) the merits of proposed reorganization plans, (2) the value and amount of all school property of whatever nature involved in the proposed action, (3) the amount of outstanding indebtedness of each district and proposed disposition thereof, and (4) the equitable adjustment of all property, debts, and liabilities among the districts involved. The State Committee shall keep a record of all hearings in the formulation or approval of plans for the reorganization of school districts. Notice of such public hearings of the State Committee shall be given by publication in a legal newspaper of general circulation in the county at least ten days prior to such hearing. See Section 003.02E of this Rule for notice and hearing provisions.
003.02B After one or more public hearings have been held, the State Committee may approve a plan or plans of reorganization. Such plan shall contain:
003.02B1 A description of the proposed boundaries of the reorganized district;
003.02B2 A summary of the reasons for each proposed change, realignment, or adjustment of the boundaries;
003.02B3 A summary of the terms on which reorganization is to be made between the reorganized districts. Such terms shall include a provision for initial school board districts or wards within the proposed district, which proposed initial school board districts or wards shall be determined by the State Committee taking into consideration population and valuation, and a determination of the terms of the board members first appointed to membership on the board of the newly reorganized district;
003.02B4 A separate statement as to whether the reorganization is contingent upon the success of a bond election held in conjunction with the reorganization;
003.02B5 A statement of the findings with respect to the location of schools, the utilization of existing buildings, the construction of new buildings, and the transportation requirements under the proposed plan of reorganization. The plan may contain provisions for the holding of school within existing buildings in the newly reorganized district and that a school constituted under this section shall be maintained from the date of reorganization unless the legal voters served by the school vote by a majority vote for discontinuance of the school;
003.02B6 A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans or reorganization;
003.02B7 Section 79-443(7) R.R.S. also provides that such plan shall contain such other matters as the State Committee determines proper to be included. These shall include (1) The full names and addresses of persons proposed by the affected districts submitting the plan to serve on the initial school board to be appointed by the State Committee under Section 003.02D of this Rule; (2) A statement of assurance that such persons are legal voters of the new school district, if and when created; (3) An assurance that the districts submitting the plan(s) believe such persons are qualified to serve on such board and are in no manner prohibited from holding such office by any law or regulation.
003.02C The State Committee shall, within thirty days after holding one or more public hearings on the proposed plan of reorganization, notify in writing and by first class mail the head administrator of the school districts whether it approves or disapproves such plan or plans. See Section 003.02E for notice and hearing procedures.
003.02C1 If the State Committee disapproves the plan, it shall be returned to the school districts and shall not be submitted to a special election.
003.02C2 If the State Committee approves the plan, or any part thereof, it shall be designated as the final approved plan and shall be returned to the school districts to be submitted to a vote in the special election under Section 79-447 R.R.S..
003.02C3 Applicable incentive payments (Section 79-1010 R.R.S.) will be approved or disapproved pending final approval of the plan by the legal voters voting in a special election.
003.02C4 If the majority vote in each voting unit at the election described in Section 79-447 R.R.S. is not in favor of the plan of reorganization, the school districts may continue in their efforts in an attempt to prepare a revised plan that might be acceptable. If a revised plan is approved by the school districts, it shall be submitted for the approval of the State Committee, and if approved by the State Committee it shall be submitted to a vote under the procedure provided in Section 79-447 R.R.S..
003.02D The State Committee shall, within thirty days after the classification of the reorganized school districts by the county clerk, appoint from among the legal voters of each new school district created, the number of members necessary to constitute a school board of the class in which the new school district has been classified. The first board shall be appointed on an at-large basis, and all boards shall be elected at large until such time as school districts are established as provided in Section 32-554 R.R.S.. The terms of the appointment will be as specified in Section 79-451 R.R.S..
003.02E Procedures for Notice and Hearings on Plans for the Reorganization of School Districts.
003.02E1 Upon the filing with the State Committee of a plan for the reorganization of school districts pursuant to Section 79-441(2) R.R.S., the Commissioner of Education, as an ex officio member of the State Committee, or his or her designee, shall set a date for such hearing and notify, by regular U.S. mail, all affected school districts of the date, time and place of such hearing. Such notice shall also be provided to each member of the State Committee. All hearings shall be held in Lincoln, Nebraska unless otherwise determined by the Commissioner or his or her designee.
003.02E2 Pursuant to Section 79-442 R.R.S., notice of such public hearings of the State Committee on plans of reorganization shall be given by publication in a legal newspaper of general circulation in the county at least ten (10) days prior to such hearing.
003.02E2A Publication of such notice shall be the responsibility of the affected school district that has the largest number of pupils according to the most recently filed Fall School District Membership Reports of the affected districts under Section 79-528(4) R.R.S.. Proof of such publication shall be filed with the State Committee prior to commencement of such hearing.
003.02E2B The notice shall state that a hearing on the plan of reorganization of school districts is to be held before the State Committee for the Reorganization of School Districts, the date, time and place of the hearing, and state a description of the current and proposed boundaries of the reorganized districts in the statement as to where interested persons may view the proposed plan. The notice shall identify that it is being submitted by the superintendent or other authorized official of the school district that has the responsibility of publication of a notice under Section 003.02E2A of this Rule. A sample notice is contained in Appendix B of this Rule.
003.02E3 The hearing shall be an informal proceeding. The State Committee shall hear all persons interested with respect to the aspects in Section 003.02A of this Rule. The State Committee may impose reasonable time limitations on the presentations and testimony as it deems appropriate and necessary, and limit repetitious testimony. The State Committee, at its discretion, may receive into the record exhibits offered by school districts and other interested parties.
003.02E4 At the conclusion of any hearing, the State Committee may take the matter under advisement and issue its approval or disapproval of a plan within thirty (30) days after the conclusion of the hearing or hearings in accordance with Section 79-444 R.R.S. and Section 003.02C of this Rule.
003.02E5 At its discretion and as it deems necessary, at the conclusion of any hearing, the State Committee may require further hearings on a plan of reorganization. In such an event, the approval or disapproval of a plan of reorganization is not required until thirty (30) days after the conclusion of the final hearing.
003.03 Dissolution Petitions; Class II Districts. Section 79-452 R.R.S. provides that a proposal to dissolve a Class II school district and attach it to one or more existing Class II, III, IV, or V school districts may be initiated by filing with the State Committee a petition or petitions signed by at least twenty-five percent of the legal voters of the district, together with an affidavit from the county clerk or election commissioner listing all legal voters of the district and a determination by the county clerk or election commissioner that the signatures are sufficient.
003.03A The petition shall contain a plan of the proposed reorganization, an effective date, and a statement whether any existing bonded indebtedness shall remain on the property of the district which incurred it or be assumed by the enlarged district. The petition may also contain provisions for the holding of school within existing buildings in the proposed reorganized district, and when so provided, the holding of school within such buildings shall be maintained from the date of reorganization unless either the legal voters served by the school or the school board of the reorganized district votes by a majority vote for discontinuance of the school. In case of conflicting votes between the legal voters and the school board on such issue, the decision of the legal voters shall prevail. A signing petitioner shall not be permitted to withdraw his or her name from the petition after the petition has been filed. The school board of each Class II, III, IV, or V district to which the merger is proposed shall also submit to the State Committee a statement to the effect that a majority of the board members approve the proposal contained in the petition.
004 Unified Systems, Application for Approval .
004.01 Approval of Unification Agreements. Pursuant to Section 79-4,108 R.R.S., two or more Class II or III school districts may apply to the State Committee for approval of a unification agreement.
004.01A Application Procedures:
004.01A1 The application shall contain a copy of the interlocal agreement signed by the president of each participating school board. The State Committee shall approve or disapprove applications for unification within forty days after receipt of the application.
004.01A2 If the application contains all statutory content requirements prescribed in Section 005.01B of this Rule, and all school boards of the participating districts have approved the interlocal agreement, the State Committee shall approve the application.
004.01A3 Unification agreements shall be effective on June 1 following approval from the State Committee for status as a unified system or on the date specified in the interlocal agreement, except that the date shall be on or after June 1 and on or before September 1 for a specified year.
004.01B The unification agreement shall provide:
004.01B1 For a minimum term of three school years.
004.01B2 That all property tax and state aid resources shall be shared by the unified system.
004.01B3 For a unified system board composed of school board members, with at least one school board member from each district.
004.01B4 That the board of the unified system shall determine the general fund levy, within the statutory limitations placed on school districts and multiple district school systems pursuant to Section 77-3442 R.R.S., to be applied in all participating districts.
004.01B5 That the board of the unified system shall determine the distribution of property tax and state aid resources within the unified system.
004.01B6 That certificated staff will be employees of the unified system with tenure and seniority transferred to the unified system. Tenure and seniority provisions shall continue in the unified system except as provided in Sections 79-850 to 79-858 R.R.S..
004.01B7 That if a district withdraws from the unified system or if the interlocal agreement expires and is not renewed, certificated staff employed by a participating district immediately prior to the unification shall be reemployed by the original district and tenure and seniority as of the effective date of the withdrawal or expiration shall be transferred to the original district.
004.01B8 That any certificated staff hired by the unified system but not employed by a participating district immediately prior to the unification shall be subject to the reduction-in-force policy of the unified system.
004.01B9 That participating districts pay obligations of the unified system pursuant to Sections 79-850 to 79-858 R.R.S. on a pro rata basis based on the adjusted valuations if a district withdraws from the unified system or the interlocal agreement expires and is not renewed.
005 Mandatory Boundary Changes
005.01 Land Not in a District. The State Committee will, upon notification by local, county and state officials, dissolve and attach school districts to other school districts when the following conditions occur:
005.01A When it comes to the attention of the county clerk that any territory located wholly within his or her county is not included in any organized district, he or she shall notify the State Committee. Within fifteen days after such notice, the State Committee shall set a date for a hearing on the question of the district or districts to which such territory should be attached and shall give fifteen days notice by certified or registered mail of the time and place of hearing to each legal voter residing in such territory and whose mailing address is known and also to the school board of each school district in the county adjacent to such territory. Notice of the hearing also shall be given by publication once each week for two weeks in a newspaper of general circulation in the county. Following such hearing, the State Committee shall notify the county clerk of the county or counties containing the district or districts to which such territory should be attached and the county clerk shall attach such territory.
005.01B If the State Committee cannot or does not agree on the district or districts to which the territory shall be attached, within sixty days after being notified by the county clerk, the matter shall be referred to the State Board of Education, which shall attach the territory after notice and hearing. Notice shall be given in the same manner as by the State Committee.
005.01C In determining the district or districts to which such territory shall be attached, consideration shall be given to the school facilities, transportation facilities, and distance children must travel to school.
005.02 Contracting with a Class II-V District for Instruction of Pupils; Dissolution; When Required. The State Committee shall dissolve and attach to a neighboring school district or districts any school district which, for two consecutive years, contracts for the instruction of all of its pupils with a Class II, III, IV or V school district. Before dissolving such district, the State Committee shall fix a time for a hearing and shall notify each legal resident of the district at least fifteen days before such hearing. When the dissolution will create extreme hardships on the pupils of the district affected, the State Board of Education may, on application by the school board of the district, annually waive the requirements of this section. Notification shall be by mail or by publication in a newspaper of general circulation in the area.
005.03 Dissolution of Depopulated Districts. When, for a period of one school term, a school district (1) has less than three legal voters residing in the district or (2)(a) fails to maintain a public elementary school within the district in which are enrolled and in regular attendance for at least one thousand thirty two hours one or more pupils of school age residing in the district, other than option students as defined in Section 79-233 R.R.S., or (b) does not contract for the tuition and transportation of pupils of such district with another district or districts and have pupils attending school regularly for at least one thousand thirty-two hours under such contract or contracts, the State Committee shall dissolve such district and attach the territory of such district to one or more neighboring school districts. Before dissolving such district, the State Committee shall fix a time for a hearing and shall notify each legal resident of the district at least fifteen days before such hearing. Notification shall be by mail or by publication in a newspaper of general circulation in the area.
005.03A If the State Committee finds that the district is required by this section to be dissolved, it shall enter an order dissolving the district and directing the county clerk of the county in which such district is located to attach the territory of such district to one or more neighboring school districts. Appeals from the action of the State Committee may be made to the district court of the county in which the depopulated district is located. The county treasurer shall distribute the assets of the closed district among the other district or districts to which the property has been attached in proportion to the taxable valuation of the property attached to such district or districts.
005.04 Class II or III District; Membership Requirements and Cooperative Programs and Plans. If the fall school district membership or the average daily membership of an existing Class II or III school district shows less than thirty-five students in grades nine through twelve, the district shall submit a plan for developing cooperative programs with other high schools, including the sharing of curriculum and certificated and non certificated staff, to the State Committee for the Reorganization of School districts. The cooperative program plan shall be submitted by the school district by September 1 of the year following such fall school district membership or average daily membership report. A cooperative program plan shall not be required if there is no high school within fifteen miles from such district on a reasonably improved highway. The State Committee shall review the plan and provide advice and communication to such school district and other high schools.
005.05 Class II or III District; Depopulated or Contracting for Educational Services; Reclassification. If for two consecutive years the fall school district membership, or for two consecutive years the average daily membership, of an existing Class II or III school district is less than twenty-five pupils in grades nine through twelve or if for one year an existing Class II or III school district contracts with a neighboring school district or districts to provide educational services for all of its pupils in grades nine through twelve, such school district shall merge with a Class II, III, IV, or V school district through the order of the State Committee if the high school is within fifteen miles on a reasonable improved highway of another high school.
This section does not apply to any school district located on an Indian reservation and substantially or totally financed by the federal government.
005.06 Class II or III District; Contracting for Educational Services; Reclassification. Any Class II or III school district maintaining a four-year high school which has a fall school district membership or an average daily membership of less than twenty-five students in grades nine through twelve may contract with another school district to provide educational services for its pupils in grades nine through twelve. Such contract may continue for a period not to exceed one year. At the end of such one-year period, the school district may resume educational services for grades nine through twelve if the average daily membership in grades nine through twelve for such school district has reached at least fifty students. If the school district has not achieved such fall school district membership or average daily membership, it shall merge with a Class II, III, IV, or V school district by order of the State Committee entered after thirty days notice to the district but without a hearing, notwithstanding the distance on a reasonably improved highway to the nearest school district conducting a high school.
005.07 Class II or III Districts Maintaining the Only Public High School in the County. Any Class II or III school district maintaining the only public high school in the county may continue to operate the high school with a fall school district membership or an average daily membership of less than twenty-five students in grades nine through twelve if the following two requirements are met: (a) the plan submitted pursuant to Section 005.04 of this Chapter provides a broad-based curriculum determined by the state committee; and (b) at a districtwide election held the second Tuesday of November by whatever means the county conducts balloting, in the second consecutive school year that the fall school district membership for grades nine through twelve is less than twenty-five students and for each succeeding school year unless such membership is at least thirty-five students for such school year, a majority of voters approve a ballot issue to continue to operate the high school for the immediately following school year.
If such ballot issue fails, the state committee shall dissolve the school district and attach the territory to other school districts based on the preferences of each landowner if such preference is provided in the time and manner required by the state committee and would transfer such parcels to a school district with a boundary contiguous to the school district being dissolved. Landowners submitting such preferences shall sign a statement that the district of preference is the district which children who might reside on the property, at the time of the dissolution or in the future, would be expected to attend. For property for which a preference is not provided in the time and manner required by the state committee, the state committee shall transfer such property to one or more of the school districts with boundaries contiguous to the district being dissolved in a manner that will best serve children who might reside on such property, at the time of the dissolution or in the future, and that will, to the extent possible, create compact and contiguous districts.
This section shall not apply to any district if the fall school district membership or an average daily membership falls to less than fifteen students in grades nine through twelve.
005.08 Calculation of Fall District Membership. For purposes of Sections 005.06 through 005.08 of this Rule, when calculating fall school district membership or average daily membership, a resident school district shall not count students attending an option district and a Class II or III school district shall not count foreign exchange students and nonresident students who are wards of the court or state.
005.09 Contracting for Educational Services and Mandatory Dissolution. The State Committee shall dissolve and attach to a neighboring district or districts any school district which, for five consecutive years, contracts for the instruction of its pupils, except that when such dissolution will create extreme hardships on the pupils or the district affected, the State Board of Education may, on application by the school board of the district, waive the requirements of this subsection.
005.10 Districts That Have Contracted for the Instruction of Pupils for Two or More Consecutive Years; Requirements Before Reopening. School districts that have contracted for instruction for two or more consecutive years shall, before reopening the schoolhouse within the district, have an enrollment of at least five pupils whose parents or legal guardians are legal voters of the school district and shall apply to the State Committee for approval to reopen that schoolhouse for school use. The State Committee or its designee shall, before granting that approval, personally inspect the school building and toilets and approve them as being safe, clean, and sanitary. The State Committee or its designee shall also inspect the supplies, equipment, and furnishings and approve them as being adequate for proper instruction.
005.11 Other Situations in Which the State Committee may Dissolve a District. The State Committee may dissolve any district: (a) failing to comply with the contracting requirements of Section 79-598 R.R.S., (b) in which the votes cast at an annual or special election on the question of contracting with a neighboring district are evenly divided, or (c) in which the governing body of the district is evenly divided in its vote on the question of contracting pursuant to Section 79-598 (2) R.R.S..
APPENDIX A: SAMPLE NEWSPAPER NOTICE FOR A HEARING ON A PETITION
NOTICE OF A HEARING BEFORE THE STATE COMMITTEE FOR THE REORGANIZATION OF SCHOOL DISTRICTS
Notice is hereby given that (name(s) of petitioning district(s)) have filed a petition with the State Committee for the Reorganization of School Districts. A hearing on this petition will be held at (state time), on (state date), at (state full address of location).
The petition seeks to (describe the current and proposed boundaries of all affected districts, or, if a petition for affiliation, describe the proposed affiliation).
______________________________________________________________________________.
Copies of the petition are available for review at (state the locations of the affected districts offices where the petition can be viewed) and at the office of the Commissioner of Education in Lincoln, NE.
By: (name and title of district official responsible for notice).
APPENDIX B: SAMPLE NEWSPAPER NOTICE FOR HEARING ON A PLAN OR PLANS
NOTICE OF A HEARING BEFORE THE STATE COMMITTEE FOR THE REORGANIZATION OF SCHOOL DISTRICTS
Notice is hereby given that (name(s) of districts filing the plan(s)) have filed a plan for the reorganization of school districts with the State Committee for the Reorganization of School Districts. A hearing on this plan will be held at (state time) on (state date) at (state full address of location).
The plan seeks to (describe the current and proposed boundaries of all affected districts, or, if a plan for affiliation, describe the proposed affiliation).
______________________________________________________________________________.
Copies of the plan are available for review at (state the location(s) of the affected district offices where the plan can be viewed) and at the office of the Commissioner of Education in Lincoln, NE.
By: (name and title of district official responsible for notice)
History
- Effective 2016-05-31
Chapter 84 Regulations for the Accreditation of Educational Service Units
Neb. Admin. Code tit. 92, ch. 84 Regulations for the Accreditation of Educational Service Units {#sec-92-nac-84 omnilex-key=us-ne-regs-official--title-92--92 NAC 84}
001 General Provisions
001.01 Statutory Authority. Sections 79-318(6) and 79-1204(4) of the Revised Statutes of Nebraska (R.R.S.) direct the State Board of Education to adopt and promulgate rules and regulations for the accreditation of educational service units.
001.02 Accreditation Classification. Accredited educational service units shall comply with all of the provisions of this Chapter. Educational service units shall be classified as accredited if they meet all of the requirements of this Chapter. All of the statements herein are requirements of accredited educational service units and are intended to enable the resources of the state to be used efficiently to support the accredited school districts in this state.
001.03 Accreditation Requirement. Educational service units, as providers of educational services, are required to be accredited under the provisions of this Chapter. These provisions are intended to assure that accredited educational service units provide accountability to taxpayers; assist and cooperate with school districts to provide equitable and adequate educational opportunities statewide; and provide quality educational programs and services to school districts.
001.04 Implementation of this Chapter. This Chapter will initially be used during the 2012-2013 school year to determine future accreditation status.
001.05 The Role and Mission of the Educational Service Units. Section 79-1204 R.R.S. states, in part, that Educational Service Units shall:
001.05A Act primarily as service agencies in providing core services and services identified and requested by member school districts;
001.05B Provide for economy, efficiency, and cost-effectiveness in the cooperative delivery of educational services;
001.05C Provide educational services through leadership, research, and development in elementary and secondary education;
001.05D Act in a cooperative and supportive role with the State Department of Education and school districts in development and implementation of long-range plans, strategies, and goals for the enhancement of educational opportunities in elementary and secondary education; and
001.05E Serve, when appropriate and as funds become available, as a repository, clearinghouse, and administrator of federal, state, and private funds on behalf of school districts which choose to participate in special programs, projects, or grants in order to enhance the quality of education in Nebraska schools.
001.06 Property Tax Funds. Section 79-1242 R.R.S. specifies, in part, that funds generated from the property tax levy shall only be used for purposes approved by representatives of two-thirds of the member school districts in an educational service unit, representing a majority of the students in those member school districts.
001.07 Contract Services. Section 79-1204 R.R.S. specifies, in part, that educational service units may contract to provide services to:
001.07A Nonmember public school districts;
001.07B Nonpublic school systems;
001.07C Other educational service units; and
001.07D Other political subdivisions, under the Interlocal Cooperation Act and the Joint Public Agency Act.
001.08 Regulation of Schools. Section 79-1204 R.R.S. specifies, in part, that educational service units shall not regulate school districts unless specifically provided pursuant to law.
002 Definitions . As used in this Chapter:
002.01 Accreditation or accredited shall mean a level of recognition by the State Board of Education which establishes that the educational service unit has met all provisions and requirements of this Chapter.
002.02 Board shall mean the State Board of Education.
002.03 Collaboration shall mean a systemic process in which individuals and agencies work together to achieve common goals.
002.04 Commissioner shall mean the State Commissioner of Education.
002.05 Core services shall mean services that are provided by educational service units to all member school districts and that are in the following service areas in order of priority:
002.05A Staff development, which shall include access to staff development related to improving the achievement of students in poverty and students with diverse backgrounds;
002.05B Technology, including distance education services; and
002.05C Instructional materials services.
002.06 Department shall mean the State Department of Education, which is comprised of the State Board of Education and the State Commissioner of Education.
002.07 ESU shall mean an educational service unit of the State of Nebraska.
002.08 ESU Board shall mean the governing board of the educational service unit as defined and described in Section 79-1217 R.R.S.
002.09 ESU Coordinating Council shall mean the political subdivision composed of one administrator from each educational service unit, as described in Section 79-1245 R.R.S.
002.10 ESU Services shall mean educational services that are supported by sources other than the state appropriation for core services, such as property tax levy funds or grant funds.
002.11 Member School District shall mean any school district which is a member of an educational service unit.
002.12 Teaching Responsibility shall have the same meaning as “teach” as defined in Section 79-101(12) R.R.S.
003 Requirements for Operation
003.01 Collaboration and Accountability. When carrying out the duties described in Sections 001.05B and 001.05D, the ESU shall engage in collaboration as defined in Section 002.03. When carrying out the duties described in Section 001.05D such collaboration shall include, but is not limited to, working together with the ESU Coordinating Council and supporting accountability for student achievement in school districts.
003.02 Core Services. The ESU shall provide core services to all member school districts. The provision of core services shall include, but is not limited to, access to statewide core service initiatives as established by the ESU Coordinating Council in collaboration with the Department and requested by member districts as being necessary services.
003.02A Each ESU administrator shall serve as a member of the ESU Coordinating Council as established by Section 79-1245 R.R.S.
003.02A1 The ESU administrator or his or her designee shall participate in two jointly established meetings with representatives of the Department and the ESU Coordinating Council annually to establish the focus and coordination of necessary core services based on priorities and on needs that are identified through the analysis of data.
003.02B Each ESU administrator shall designate staff members to participate in professional development related to statewide core services initiatives and planning.
003.03 ESU Services. The ESU may provide ESU services as permitted by the Educational Service Units Act.
003.04 Accountability Reporting.
003.04A Annual Report. Pursuant to Section 79-1228 R.R.S., an annual written program report on the various programs of service to schools for the past year shall be provided by each ESU to member school districts and to the Department in written or electronic form by November 1 of each year.
003.04B Informational Reports. The ESU shall submit informational reports as required by the Commissioner or his or her designee on or before the due date(s) and with all requested information, including required signatures.
003.04C If an ESU fails to submit an informational report on or before the due date, the Commissioner or his or her designee may issue official notice of such failure by certified mail to the president of the ESU board and to the administrator. If the delinquent report is not received by the Commissioner or his or her designee within thirty days of the date which the notice is postmarked, the Commissioner or his or her designee may recommend to the State Board of Education that the ESU not be accredited for the remainder of the accreditation period. This action shall be subject to the procedures outlined in Section 004.07.
003.05 Written Policies. The ESU board shall adopt a comprehensive set of written policies governing the organization and operation of the ESU which shall include, but not be limited to:
003.05A A policy establishing the process by which the ESU provides services and calculates the cost.
003.05B A policy establishing the process by which member and nonmember schools request and pay for services.
003.05C A policy governing the supervision, assignment and evaluation of ESU employees when they are serving on the instructional or service faculty of a school.
003.05D A policy providing for in-service for all ESU staff that is aligned with the ESU’s priorities as established in the continuous improvement process outlined in Section 006 of this Chapter.
003.05E A policy indicating the written policies will be available for review upon request at the administrative office of the ESU.
004 Procedures for Accreditation
004.01 Accreditation shall be based on ESU’s performance during the immediate preceding period of accreditation. The ESU shall complete and submit on or before November 1 of each year the Annual Accreditation Compliance Report in Appendix A of this Chapter.
004.02 To receive accreditation status, the ESU shall comply with all provisions of this Chapter as verified by the Department.
004.03 Violations. In determining the future accreditation status of an ESU, each failure to meet a numbered regulation constitutes a separate violation which, if not corrected, will result in a recommendation to the Board for probation or loss of accreditation.
004.04 Reporting Violations. The ESU shall report any existing violations to the Department on its Annual Accreditation Compliance Report (Appendix A).
004.05 Correction of Violations. An ESU will have until February 1 to correct violations or to prepare a written plan for correction of a violation that existed at the time of submission of the Annual Accreditation Compliance Report. Written evidence of the correction of the violation(s) or a written plan developed in accordance with Section 004.05A must be submitted to the Department.
004.05A An ESU having an uncorrected violation may submit a written plan to the Department by February 1 for correcting the violation before the following school year. Such plans may be approved by the Board if evidence provided indicates that the violation occurred after August 1, and the violation could not reasonably be corrected immediately before or during the current school year. Written evidence of the correction must be submitted to the Department by the following September 1.
004.06 Effect on Violations on an ESU. An ESU is required by state statute to be accredited. If, after consultation with the ESU administrator and staff, the Commissioner determines that an ESU has any uncorrected violations, he or she shall make the applicable following recommendations to the Board:
004.06A An ESU having an uncorrected violation of a requirement with no written plan under Section 004.05A shall be recommended for ACCREDITATION ON PROBATION for the following school year.
004.06B An ESU having a written plan under Section 004.05A and having the same uncorrected violation after September 1 shall be recommended for ACCREDITATION ON PROBATION for the current school year.
004.06C An ESU receiving ACCREDITATION ON PROBATION designation and continuing to have the same uncorrected violation after February 1 shall be recommended for NONACCREDITATION for the following school year and shall be subject to the loss of authority to operate.
004.07 Provisions for Notice and Hearing.
004.07A When the Commissioner makes a recommendation to the Board for an ESU to be placed on probation or for denial or revocation of accreditation, notice of the recommendation and of the right to request a hearing shall be given to the ESU by certified mail sent at least 30 calendar days prior to the date of the Board meeting at which the recommendation is to be considered. Copies will be sent to the ESU administrator and to the presiding officer of the ESU board, if known. This notice shall specify the basis for the recommendation.
004.07B If the ESU notifies the Commissioner at least seven (7) days prior to the date the recommendation is to be considered by the Board that it requests a hearing, the Board shall schedule a hearing date.
004.07C All hearings arising under this Chapter shall be conducted in accordance with the hearing procedures of 92 NAC 61.
004.08 Action by the Board. Upon review of the Commissioner’s recommendation, and following any hearing, the Board shall make a determination of the future accreditation status of the ESU and shall inform the ESU in writing of its determination.
005 Staff
005.01 The ESU board shall employ a chief administrator who shall hold a Nebraska Administrative Certificate endorsed as a superintendent pursuant to 92 NAC 21.
005.02 All ESU staff who have teaching responsibilities for students shall hold valid Nebraska teaching or administrative certificates pursuant to 92 NAC 21.
005.02A Computed on a full-time equivalency basis, a minimum of 90 percent of the ESU’s teaching assignments shall be in areas for which assigned teachers hold certificates having appropriate endorsements pursuant to 92 NAC 24.
005.03 Special service certificate holders shall be limited to providing those services specified on their Nebraska Special Services Certificate.
005.04 Evaluation Policies and Procedures for Certificated Staff. The ESU shall have written board policies and procedures for the evaluation of certificated employees that are filed with the Department and approved by the Commissioner or his or her designee.
005.04A The policies and procedures shall include, but are not limited to, the following:
005.04A1 Annual written communication of the evaluation process to those being evaluated;
005.04A2 A description of the duration and frequency of observations and written evaluations for probationary and permanent certificated employees;
005.04A3 Specific ESU-defined evaluation criteria, which include, at the minimum:
005.04A3a Instructional performance (applicable to teachers only),
005.04A3b Classroom organization and management (applicable to teachers only), and
005.04A3c Personal and professional conduct.
005.04A4 Provision for written communication and documentation to the evaluated certificated employee specifying all noted deficiencies, specific means for the correction of the noted deficiency, and an adequate timeline for implementing the concrete suggestions for improvement;
005.04A5 Provision for the certificated employee to offer a written response to the evaluation; and
005.04A6 A description of the ESU plan for training evaluators.
005.04B The Commissioner or his or her designee shall approve the policies and procedures if they are in compliance with the requirements in Sections 005.04A1 through 005.04A6 and shall notify the ESU of approval in writing. Such approval shall remain in effect until there is a change in the policies or procedures by the ESU, or an amendment of state law or regulations relating to such approval.
005.04C In the event an ESU changes, or is required by law or regulation to change, its approved policies or procedures for certificated employee evaluation, it shall resubmit the revised policies and procedures to the Commissioner or his or her designee for reapproval.
005.04D If the Commissioner or his or her designee determines that the policies and procedures of the ESU are out of compliance with the provisions of this Chapter, the Commissioner or his or her designee shall notify the ESU in writing. The ESU may resubmit amended policies and procedures or may appeal such determination to the Board pursuant to the procedures set forth in 92 NAC 61.
005.05 All evaluators, with the exception of the ESU board when it evaluates the administrator, shall possess a valid Nebraska Administrative Certificate and shall be trained to use the evaluation system used in the ESU.
006 ESU Improvement and Evaluation
006.01 The ESU shall develop and implement a continuous improvement process to promote quality learning, equity, and accountability. The ESU’s improvement process shall include, but is not limited to, the following activities within each five-year period:
006.01A Review and update of a mission and vision statement.
006.01B On-going collection and analysis of aggregate data about student performance, programs, core services and services, demographics, and school district satisfaction;
006.01C Identification of annual improvement goals based on the data identified in Section 006.01B;
006.01D Development and implementation of a plan that includes procedures, strategies, or actions to achieve goals; and
006.01E Annual evaluation of progress toward improvement goals.
006.02 The ESU continuous improvement process shall include an on-site visitation by an external team to review the process. The external team shall be made up of a minimum of five (5) persons, not employed by the ESU or in schools served by the ESU. The chair of the external team shall be assigned by the Commissioner or his or her designee with remaining membership of the team agreed upon by the ESU administrator and the Commissioner or his or her designee. A copy of the external team’s written report, including recommendations, shall be provided to the Department. The external team visits shall be conducted at least once each five years.
006.02A The AdvancED Quality Assurance Review (QAR) may be used by the ESU to fulfill the requirement for an on-site visitation if all of the requirements of Section 006.02 of this Chapter are met.
007 Audits
007.01 The ESU shall cause an annual independent audit of its books, accounts, records, and affairs to be made as required by Section 79-1229(2) R.R.S.
007.02 The original copy of the audit shall be filed in the office of the Auditor of Public Accounts, as required by Section 79-1229(2) R.R.S., and copies of the audit shall be provided to each member school district on request and to the Department.
008 Core Services
008.01 Provision of Core Services. Core services shall be provided by the ESU to all member school districts. Core services shall be defined by each ESU as follows:
008.01A Core services shall be within the following service areas in order of priority: Staff development, which shall include staff development related to improving the achievement of all students including the achievement of students in poverty and students with diverse backgrounds; technology, including distance education services; and instructional materials services;
008.01B Core services shall improve teaching and student learning by focusing on enhancing school improvement efforts, meeting statewide requirements including but not limited to accountability requirements, and achieving statewide goals in the state’s system of elementary and secondary education;
008.01C Core services shall provide schools with access to services that:
008.01C1 the ESU and its member school districts have identified as necessary services;
008.01C2 are difficult, if not impossible, for most individual school districts to effectively and efficiently provide with their own personnel and financial resources;
008.01C3 can be efficiently provided by each ESU to its member school districts; and
008.01C4 can be adequately funded to ensure that the service is provided equitably to the state’s public school districts;
008.01D Core services shall be designed so that the effectiveness and efficiency of the service can be evaluated on a statewide basis; and
008.01E Core services shall be provided by the ESU in a manner that minimizes the costs of administration or service delivery to member school districts.
APPENDIX A
History
- Effective 2012-06-18
Chapter 85 Esu Boundary Change Petitions
Neb. Admin. Code tit. 92, ch. 85 Esu Boundary Change Petitions {#sec-92-nac-85 omnilex-key=us-ne-regs-official--title-92--92 NAC 85}
001 General Information
001.01 Statutory Authority. Sections 79-1206 to 79-1211 of the Revised Statutes of Nebraska (R.R.S.) establish general procedures for the filing of petitions with the State Board of Education to change educational service unit (ESU) boundaries. Section 79-318, R.R.S. authorizes the Board to adopt rules and regulations for carrying out the Board's responsibilities.
001.02 Scope and Application of this Chapter. This chapter governs hearings on ESU boundary change petitions before the State Board of Education, as provided in Sections 79-1206 to 79-1211 R.R.S. It is not applicable to any other type of hearings. Regulations of the Department of Education governing contested cases are not applicable to ESU petition hearings.
002 Definitions . As used in this chapter:
002.01 Affected Districts shall refer to districts that would be added to, or withdrawn from, an ESU or transferred to a different ESU by the petition. Other districts that are already members of an affected ESU in a merger or dissolution petition shall not be considered affected districts.
002.02 Affected ESUs shall refer to Educational Service Units that merge, dissolve, or would have districts added to or, withdrawn from, their territory by the petition.
002.03 Board shall mean the State Board of Education.
002.04 Commissioner shall mean the State Commissioner of Education.
002.05 Department shall mean the State Department of Education, which is comprised of the Board and the Commissioner.
002.06 ESU shall mean educational service unit, as established by Article 12 of Chapter 79 of the Revised Statutes of Nebraska.
002.07 Petitioners shall mean the school boards or ESUs that have filed a petition with the Board.
002.08 School Board shall mean local boards of education.
003 General Procedures for ESU Boundary Change Petitions
003.01 Content of Petition. An ESU boundary change petition may be filed by one or more ESUs or school boards as provided in Section 79-1207 R.R.S., either as a result of a resolution adopted by a majority vote of the ESU board or school board or when they are required to initiate the petition upon receipt of a reorganization petition signed by ten percent of the registered voters of the ESU or school district and certified by the county clerk or election commissioner. The petition must comply in all respects with Sections 79-1207 through 79-1209 R.R.S. A sample petition is contained in Appendix A. The petition shall be typed double spaced on 8 1/2x 11 inch white paper and shall:
003.01A Show the venue: "BEFORE THE STATE BOARD OF EDUCATION, STATE OF NEBRASKA";
003.01B Contain a heading captioned "IN THE MATTER OF THE BOUNDARY CHANGE PETITION OF" and then specifying the name(s) of the educational service unit(s) and school district(s) that is (are) bringing the petition and their mailing addresses;
003.01C State that the petition has been initiated by a resolution adopted by a majority vote of the petitioning ESU(s) and/or district(s), and contain, as an attachment a copy or copies of all such resolution(s). If the ESU(s) and/or districts(s) are initiating a petition upon the receipt of a petition signed by ten percent of the registered voters of such ESU or district, a copy of such petition, as certified by the county clerk or election commissioner, shall also be made an attachment.
003.01D State the legal names of all of the affected districts and ESUs, their mailing addresses, the name(s) of the county or counties in which all of the land in the affected districts and ESUs is located, and the class of each district.
003.01E Specifically state which boundary changes are sought, which shall include one or more of the following:
003.01E1 A transfer of a school district or districts from one established ESU to another established ESU;
003.01E2 A withdrawal from an established ESU by two or more school districts to form a new ESU;
003.01E3 An addition of a school district or districts which are not part of an ESU to an established or new ESU; and/or
003.01E4 The dissolution of one or more entire educational service units for attachment to existing educational service units or the merger of two or more educational service units into a new educational service unit.
003.01F Contain a clear and specific detailed description of the current and proposed boundaries listing affected districts and affected ESUs, and shall include as an attachment a map or maps clearly showing the current and proposed boundaries of the affected districts and ESUs.
003.01G Contain as an attachment a plan of reorganization, which shall include a summary of the reasons for the proposed reorganization, which shall specifically address the following:
003.01G1 The educational needs of students in the affected school districts and the affected educational service units;
003.01G2 The economic viability of the proposal as it relates to affected established educational service units or affected proposed educational service units;
003.01G3 Any community of interest among affected school districts and affected educational service units;
003.01G4 Geographic proximity as such would affect the ability of affected educational service units to deliver service in a cost-effective manner; and
003.01G5 In the dissolution of one or more entire educational service units, evidence of consent from each educational service unit board and two-thirds of the school boards or boards of education of member school districts representing a majority of students in each affected educational service unit.
003.01H Contain as an attachment a plan for the provision of services to districts affected by the reorganization plan.
003.01I In cases when the petition proposes dissolution of an entire ESU or ESUs for attachment to an existing ESU or the merger of two or more ESUs into a new ESU, contain as an attachment a summary of the terms on which such reorganization is proposed, including:
003.01I1 Provision for the utilization of existing facilities, equipment, and materials; and
003.01I2 Provision for the disposition of assets and any unbonded indebtedness of affected ESUs.
003.01J When the petition deals with the attachment of new territory to an existing ESU, verification of approval by majority vote of the receiving ESU Board.
003.01K Contain a statement requesting the Board, after public hearing, to approve such petition. In the case of petitions initiated by voters, the initiating board(s) and/or ESU(s) may choose to request rejection of the petition and may add attachments outlining their reasons for such request.
003.01L Be subscribed and verified by a representative of each petitioning district or ESU or by their attorney(s), in which case each attorney shall list his or her address.
003.02 Submission and Service of Petition
003.02A The petition and all attachments and exhibits shall be filed on 8 1/2 x 11 inch white paper with the Office of the Commissioner of Education at 301 Centennial Mall South, Sixth Floor, Lincoln, NE 68509, by mail or in person during normal business hours of the Department.
003.02B The petitioner(s) shall serve a copy of the petition on each affected district which is not a petitioner and affected ESU which is not a petitioner by certified mail, return receipt requested. The petitioners shall file proof of completion of such service with the Commissioner's Office by filing a returned copy of the receipt. A certificate of service shall be filed with the petition, a sample of which is included in Appendix A.
003.03 Notice of Hearing
003.03A Following the filing of a petition, the petitioner(s) shall secure a hearing date and location from the hearing officer appointed by the Commissioner. At least ten (10) days prior to such hearing date, the petitioner(s) shall cause a notice of the filing of the petition and hearing thereon to be published in a newspaper of general circulation in the community in which the main administrative offices are located for each affected ESU, or in a newspaper with statewide circulation. A sample notice is included in Appendix C. Prior to the hearing, the petitioner shall file a copy of such notice(s) and an affidavit of publication prepared by the newspaper(s) with the hearing officer. Such notice(s) must designate the specific ESU(s) and district(s) affected and summarize the proposed change in boundaries.
003.03B At least ten (10) days prior to the hearing the petitioner shall mail a copy of a notice of the time and place of hearing to all affected districts and ESUs by certified mail, return receipt requested, and file copies of the return receipts with the hearing officer. A sample notice is included in Appendix B.
003.04 Format for Subsequent Filings. All responses, or other pleadings or documents filed with the hearing officer shall be typewritten on 8 1/2 x 11 inch white paper. Copies shall be served on all ffected districts and ESUs by regular mail, postage prepaid, and a certificate of such service attached. A sample of such certificate is included in Appendix B. All exhibits or other documents that cannot be typewritten shall be reduced to 8 1/2 x 11 inch size, if possible.
003.05 Response. Prior to the hearing, any affected district or ESU may file a response with the hearing officer. Such response shall:
003.05A Contain the same type of heading as required for petitions, except that it shall contain the word "Response";
003.05B Be limited to the issue of whether the petitioner(s) meet(s) the statutory requirements for such petition(s) and to any irregularities, inaccuracies, or misrepresentations contained in said petition and its attachments;
003.05C Specifically address the reasons for or against the proposed reorganization, addressing the grounds as required in 003.01G;
003.05D Specifically admit or deny each material allegation of the petition.
003.05E A copy of the response shall be served on all petitioners, affected districts, and affected ESUs by regular first class mail, postage prepaid, and a certificate of service affixed to the response, a sample of which is contained in Appendix D to this chapter.
004 Hearings
004.01 Setting of Hearings. The Commissioner shall appoint a hearing officer to conduct the hearing on behalf of the Board and the hearing officer shall set the time and place for any hearing within 90 days from the receipt of the petition.
004.02 Continuances. The hearing officer may at any time order a continuance of a hearing on his or her own motion, so long as the hearing may be completed within 90 days from the receipt of the petition.
004.03 Consolidation. The hearing officer may order two or more petitions which are legally or factually related to be heard and considered together on a consolidated record, unless any petitioner makes a showing, sufficient to satisfy the hearing officer, that it would be prejudiced thereby.
004.04 Conduct of Hearings. The hearing will be an informal proceeding. Hearings will be conducted before a hearing officer appointed by the Commissioner on behalf of the Board. The hearing officer will recommend a decision to the Board. At the time of hearing:
004.04A The hearing officer shall open and close the proceedings, enter the notices of hearing into the record, take appearances, and rule on any other matter.
004.04B Reasonable opportunity shall be afforded representatives of all petitioners; affected ESUs, affected districts, other districts that are members of affected ESUs, county officials and Department officials to testify. The hearing officer, at his/her request and discretion, may also take testimony and receive exhibits from other persons. The hearing officer may set reasonable time limits on presentations and may limit repetitious testimony.
004.04C Informal procedures governing the conduct of hearings shall be subject to the discretion and the direction of the hearing officer, at the time of such hearings, unless otherwise specified in this chapter.
005 Exhibits
005.01 Copies of Exhibits. All exhibits to be offered at a hearing shall be on 8 1/2 x 11 inch white paper, unless waived by the hearing officer.
005.02 Filing Exhibits Prior to Hearing. In any proceeding where detailed or complicated exhibits are to be used, the hearing officer may require any petitioner to file copies of such exhibits or other necessary information within a specified time in advance of the hearing in order to enable the hearing officer to study same.
006 Disposition of Cases
006.01 Official Record. The hearing officer shall prepare an official record in each case which shall include pleadings, exhibits, orders, and recorded testimony, which need not be transcribed unless directed by the Board. Upon request by any person, a written copy of the testimony will be prepared upon the tender of the cost of preparation. The hearing officer may authorize the use of a court reporting service to record the hearing. The cost of obtaining verbatim transcripts from a court reporting service shall be paid directly to such service by the persons requesting the transcripts.
006.02 Recommended Order. The hearing officer shall submit a copy of the official record and a recommended order to the State Board.
006.03 Final Order. Within one hundred twenty days of the receipt of the petition, the Board shall grant or deny the petition based upon the following criteria:
006.03A The educational needs of students in the affected school districts and the affected educational services units;
006.03B The economic viability of the proposal as it relates to the affected established educational service units or affected proposed educational service units;
006.03C Any community of interest among affected school districts and affected educational service units;
006.03D Geographic proximity as such would affect the ability of affected educational service units to deliver service in a cost-effective manner; and,
006.03E In the dissolution of one or more entire educational service units, evidence of consent from each educational service unit board and two-thirds of the school boards or boards of education of member school districts representing a majority of students in each affected educational service unit.
006.04 Preparation of Orders. Upon direction of the Board, the Commissioner shall prepare and issue a final order on behalf of the Board. The Commissioner, as Board Secretary, shall have the authority to sign such orders on behalf of the Board.
006.05 Notification. The Commissioner shall notify affected districts and ESUs, and appropriate county officials, of the final decision or order of the Board by certified mail, return receipt requested.
006.06 Educational Service Unit Numbers. For educational service units created by merger after July 1, 1998, the number of the unit shall be the number of one of the educational service units dissolving into the new educational service unit. For all other educational service units created after July 1, 1998, the number shall be any number not otherwise assigned to an existing educational service unit, as determined by the State Board of Education.
APPENDIX A: Sample Petition Form
APPENDIX B: Sample Notice of Hearing
APPENDIX C: Sample Newspaper Notice
APPENDIX D: Sample Certificate of Service for Regular Mail
APPENDIX E: Sample Response Form
History
- Effective 1998-12-15
Chapter 86 Regulations and Procedures for Public School Breakfast Program Reimbursement
Neb. Admin. Code tit. 92, ch. 86 Regulations and Procedures for Public School Breakfast Program Reimbursement {#sec-92-nac-86 omnilex-key=us-ne-regs-official--title-92--92 NAC 86}
001 General Provisions
001.01 Purpose. The Legislature has found that school breakfast and lunch programs are integral parts of Nebraska’s educational system. Accordingly, the Legislature will reimburse each qualified public school in Nebraska a portion of the cost of such school’s school breakfast program.
001.02 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. Sections 79-10,137 through 79-10,139.
001.03 Coverage. This Chapter sets forth the breakfast reimbursement requirements for qualified public schools in Nebraska for payments pursuant to Neb. Rev. Stat. Section 79-10,138.
002 Definitions
002.01 Breakfast means a meal which meets the nutritional requirements set out in 7 CFR Part 220.8, and which is served to the school’s eligible students in the morning hours prior to the lunch meal, pursuant to the requirements of the federal School Breakfast Program at 7 CFR Part 220.
002.02 Department means the Nebraska Department of Education.
002.03 Eligible student means a qualified public school student who participatesin a school lunch program as authorized by the Richard B. Russell National School Lunch Act found at 42 U.S.C. 1751, et seq.
002.04 Qualified public school means an accredited public school pursuant to Title 92, Nebraska Administrative Code, Chapter 10, (92 NAC 10), which operates a school lunch program as authorized by the Richard B. Russell National School Lunch Act.
002.05 State reimbursement means the state funds payable to a qualified public school for breakfasts served to eligible students. .
002.06 USDA means the United States Department of Agriculture.
003 Reimbursement Procedures
003.01 Program and Site Applications. Each qualified public school that operates a school lunch program shall complete and submit both a sponsor applicationand a site application for each participating site to the Department. The sponsor application and site application must be submitted in the Department's online application and claims system.
003.02 Breakfast Requirements. Only breakfasts which meet the USDA regulatory requirements at 7 CFR Part 220, and are eligible for federal reimbursement according to the National School Lunch Act, shall be eligible for state reimbursement.
003.03 Claim Procedures. Claims shall be made through the Department's online application and claims system. No claim submitted to the Department after sixty (60) days past the last day of the month during which the breakfasts were served will qualify for state reimbursement. The claim information submitted by qualified public schools is used to determine the state reimbursement for each school.
003.04 State Reimbursement. The rate for state reimbursement is five (5) cents for each breakfast served by a qualified public school to an eligible student. State reimbursements are made for breakfasts served in the second preceding school year. For example, state reimbursements made during the 2024-25 school year are based on claims for breakfasts served during the 2022-23 school year.
History
- Effective 2025-12-24
Chapter 87 Regulations Governing Qualified Zone Academy Bonds Allocation
Neb. Admin. Code tit. 92, ch. 87 Regulations Governing Qualified Zone Academy Bonds Allocation {#sec-92-nac-87 omnilex-key=us-ne-regs-official--title-92--92 NAC 87}
001 General Information
001.01 Purpose of this Chapter. Section 226 of the Taxpayer Relief Act of 1997, (Title 26, United States Code, Section 1397E, See Appendix A), provides that state or local governments within the jurisdiction of which is located a “qualified zone academy,” as defined in that Act, may issue “qualified zone academy bonds”, to “eligible taxpayers” for “qualified purposes” as those terms are defined in that Act. The Act further provides that the Secretary of Treasury, each calendar year, shall allocate among the states on the basis of their respective populations of individuals below the poverty line, an amount which such states’ qualified zone academies may issue in qualified zone academy bonds, and that this limitation amount allocated to each state shall be allocated by the State education agency to qualified zone academies within such states. This chapter provides the allocation procedure of the Nebraska Department of Education to eligible qualified zone academies.
001.02 Statutory Authority. Title 26, United States Code, Section 1397E(e), See Appendix A, provides:
Limitation on amount of bonds designated - - (1) National Limitation - - There is a national zone academy bond limitation for each calendar year. Such limitation is $400,000,000 for 1998 and 1999, and, except as provided in Title 26, United States Code, Section 1397E(e)(4), zero (0) thereafter. (2) Allocation of Limitation - - The national zone academy bond limitation for a calendar year shall be allocated by the Secretary among the states on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a state under the preceding sentence shall be allocated by the State education agency to qualified zone academies within such state. (3) Designation Subject to Limitation Amount - - The maximum aggregate face amount of bonds issued during any calendar year which may be designated under Title 26, United States Code, Section 1397E(d)(1) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under Title 26, United States Code, Section 1397E(e)(2) for each calendar year.
Section 79-319 of the Nebraska Revised Statutes provides in part:
“The State Board of Education has the authority to...(5) receive and distribute according to law any money, commodities, goods, or services made available to the board from the state or federal government or from any other source and distribute money in accordance with any grant received, including the distribution of money from grants by the federal government to schools, preschools, day care centers, day care homes, nonprofit agencies, and political subdivisions of the state or institutions of learning not owned or exclusively controlled by the state or a political subdivision thereof, so long as no public funds of the state, any political subdivision thereof, or any public corporation are added to such grants.”
002 Definitions . For purposes of this chapter, “Department” shall mean the Nebraska Department of Education. The following definitions shall have the same meaning as used in Section 226 of the Taxpayer Relief Act of 1997, (Title 26, United States Code, Section 1397E):
002.01 Allocation/allocation of limitation, (Title 26, United States Code, Section 1397E(e)(2))
002.02 Eligible Location Education Agency, (Title 26, United States Code, Section 1397E(d)(4)B)
002.03 National Limitation, (Title 26, United States Code, Section 1397E(e)(1))
002.04 Private Business Contribution Requirement, (Title 26, United States Code, Section 1397E(d)(2))
002.06 Qualified Purpose, (Title 26, United State Code, Section 1397E(d)(5))
002.07 Qualified Zone Academy, (Title 26, United States Code, Section 1397E(d)(4))
002.08 Qualified Zone Academy Bond, (Title 26, United States Code, Section 1397E(d)(1))
003 Procedure and Method of Allocation to Qualified Zone Academies
003.01 School Districts or other eligible state or local governments under Title 26, United States Code, Section 1397E, within the jurisdiction of which a Qualified Zone Academy is located, may submit requests to the Department for allocation of any portion of the then existing allocation of limitation amount as allocated to the state of Nebraska. School districts, or other eligible governmental entities must specify which individual school, (or program within such school), it is that is within their jurisdiction that is a Qualified Zone Academy for which the allocation is requested and the amount requested. All such requests must be received by the Department by no later than November 1 of 1998, and by October 1 of each year thereafter. School districts or other eligible entities are limited to one allocation request per calendar year.
003.02 All such requests must be to the Department in writing and must demonstrate compliance with all applicable requirements for such allocation under Title 26, United States Code, Section 1397E in that all requests must:
003.02A: Be for an allocation for the issuance of a Qualified Zone Academy Bond(s) as defined by law and as demonstrated by:
003.02A1: The requesting school district or other eligible governmental entity’s written assurance that at least 95 percent of the proceeds of such a bond issuance are to be used for a qualified purpose with respect to the Qualified Zone Academy.
003.02A2: The bond issuer being a local government within the jurisdiction of which such a Qualified Zone Academy is located. The request for allocation shall state the basis upon which the requesting entity has determined that the particular school or program within the school under its jurisdiction is a Qualified Zone Academy.
003.02A3: A written assurance that the bond issuer will designate such bond(s) for the purposes of issuance as a Qualified Zone Academy Bond.
003.02A4: The bond issuer certifying that it has written assurances that the private business contribution requirement will be met with respect to the Qualified Zone Academy.
003.02A5: The bond issuer certifying that it has the written approval of the Eligible Local Education Agency, (See Appendix A), for such bond issuance.
003.03 If all requirements of Section 003.02 are met, the Department will allocate, by December 31, to the school districts or other eligible governmental entities submitting the requests, as follows:
003.03A The amount of allocation requested; or,
003.03B If the total of all the eligible requests received exceeds the allocation of limitation available then available to Nebraska pursuant to Title 29,
United States Code, Section 1397E, then an amount equal to the pro rata share of the available allocation of limitation based upon the amount requested. In no case shall a requesting entity receive an allocation amount which exceeds the amount it requested.
003.04 Pursuant to Title 26, United States Code, Section 1397E(e)(4), the Department shall carry over unallocated limitation amounts from one calendar year to the following calendar year. The total of the previous calendar year’s unallocated limitation amounts shall be added to the current year’s limitation amount.
003.05 Issuing school districts and other eligible issuing governmental entities are responsible for compliance with all applicable laws and regulations governing the terms and conditions of such bond issuance(s) upon being allocated any amounts by the Department.
APPENDIX A - TITLE 26,UNITED STATES CODE, SECTION 1397E
§1397E. Credit to holder of qualified zone academy bonds .
(a) Allowance of credit . In the case of an eligible taxpayer who holds a qualified zone academy bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b).
(b) Amount of credit . (1) In general . The amount of the credit determined under this subsection with respect to any qualified zone academy bond is the amount equal to the product of --
(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by
(B) the face amount of the bond held by the taxpayer on the credit allowance date.
(2) Determination . During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of qualified zone academy bonds without discount and without interest cost to the issuer.
(c) Limitation based on amount of tax . The credit allowed under subsection (a) for any taxable year shall not exceed the excess of --
(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(2) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits).
(d) Qualified zone academy bond . For purposes of this section --
(1) In general . The term ‘qualified zone academy bond’ means any bond issued as part of an issue if --
(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a qualified zone academy established by an eligible local education agency,
(B) the bond is issued by a State or local government within the jurisdiction of which such academy is located,
(C) the issuer --
(i) designates such bond for purposes of this section.
(ii) certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such academy, and
(iii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and
(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under paragraph (3).
(2) Private business contribution requirement . (A) In general. For purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the eligible local education agency that established the qualified zone academy has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue.
(B) Qualified contributions. For purposes of subparagraph (A), the term ‘qualified contribution’ means any contribution (of a type and quality acceptable to the eligible local education agency) of --
(i) equipment for use in the qualified zone academy (including state-of-the-art technology and vocational equipment)
(ii) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom.
(iii) services of employees as volunteer mentors,
(iv) internships, field trips, or other educational opportunities outside the academy for students, or
(v) any other property or service specified by the eligible local education agency.
(3) Term requirement . During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of the bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next higher whole year.
(4) Qualified zone academy . (A) In general. The term ‘qualified zone academy’ means any public school (or academic program within a public school) which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if --
(i) such public school or program (as the case may be) is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce,
(ii) students in such public school or program (as the case may be) will be subject to the same academic standards and assessments as other students educated by the eligible local education agency,
(iii) the comprehensive education plan of such public school or program is approved by the eligible local education agency, and
(iv)
(I) such public school is located in an empowerment zone or enterprise community (including any such zone or community designated after the date of the enactment of this section), or
(II) there is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the students attending such school or participating in such program (as the case may be) will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act.
(B) Eligible local education agency. The term ‘eligible local education agency’ means any local education agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965.
(5) Qualified purpose . The term ‘qualified purpose’ means, with respect to any qualified zone academy --
(A) rehabilitating or repairing the public school facility in which the academy is established.
(B) providing equipment for use at such academy.
(C) developing course materials for education to be provided at such academy, and
(D) training teachers and other school personnel in such academy.
(6) Eligible taxpayer . The term ‘eligible taxpayer’ means --
(A) a bank (within the meaning of section 581),
(B) an insurance company to which subchapter L applies, and
(C) a corporation actively engaged in the business of lending money.
(e) Limitation on amount of bonds designated . (1) National limitation . There is a national zone academy bond limitation for each calendar year. Such limitation is $400,000,000 for 1998 and 1999, and, except as provided in paragraph (4), zero thereafter.
(2) Allocation of limitation . The national zone academy bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the State education agency to qualified zone academies within such State.
(3) Designation subject to limitation amount . The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection(d)(1) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under paragraph (2) for such calendar year.
(4) Carryover of unused limitation . If for any calendar year --
(A) the limitation amount for any State, exceeds
(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified zone academies within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess.
(f) Other definitions . For purposes of this section --
(1) Credit allowance date . The term ‘credit allowance date’ means, with respect to any issue, the last day of the 1-year period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter.
(2) Bond . The term ‘bond’ includes any obligation.
(3) State . The term ‘State’ includes the District of Columbia and any possession of the United States.
(g) Credit included in gross income . Gross income includes the amount of the credit allowed to the taxpayer under this section.
History
- Effective 2010-04-04
Chapter 89 Regulations and Procedures for the Education Innovation Fund Program– Distance Education Equipment Reimbursement and Incentives
Neb. Admin. Code tit. 92, ch. 89 Regulations and Procedures for the Education Innovation Fund Program– Distance Education Equipment Reimbursement and Incentives {#sec-92-nac-89 omnilex-key=us-ne-regs-official--title-92--92 NAC 89}
001 General Provisions
001.01 Statutory Authority. This chapter is adopted pursuant to Neb. Rev. Stat. § 79-1337.
001.02 Scope of This Chapter. This chapter provides regulations and procedures for the administration of incentives for distance education.
002 Definitions . As used in this Chapter:
002.01 Annual curriculum reports means the reports submitted to the department by school districts under the authority of Neb. Rev. Stat. §§ 79-302 and 79-318.
002.02 Board means the State Board of Education.
002.03 Commissioner means the State Commissioner of Education.
002.04 Course means a particular subject, subject area, or defined sequence of learning experiences with one or more students enrolled and in attendance.
002.05 Department means the State Department of Education, which is comprised of the board and the Commissioner.
002.06 Distance education course means a course with at least one student in any of grades kindergarten through twelve who is in a different location than the teacher and taught by a teacher employed by an educational entity either utilizing two-way interactive video or the Internet without two-way interactive video. Distance education course includes a dual-enrollment course with at least one student who is in a different location than the teacher and taught by a teacher employed by an educational entity utilizing either two-way interactive video or the Internet without two-way interactive video.
002.07 Educational entity means a school district, a private, denominational, or parochial school approved or accredited under 92 NAC 10, or 92 NAC 14, an educational service unit, a community college, a state college, the University of Nebraska, or a nonprofit private postsecondary educational institution.
002.08 Fiscal year means a period that commences on July 1 in one year and ends on June 30 of the following year.
002.09 Fund means the Nebraska Education Improvement Fund.
002.10 Network Nebraska shall mean the network created pursuant to 86-5,100 R.R.S.
002.11 Qualified distance education course means a distance education course meeting the requirements of 92 NAC 10, which is offered for one semester of high school credit or the equivalent, and for which all participating educational entities are required to have access to Network Nebraska and which:
002.11A provides instruction for a particular subject, subject area, or defined sequence of learning experiences scheduled during the school day with a certificated teacher assigned and with one or more students enrolled and in attendance.
002.11A1 For the purposes of this section, one semester of high school credit means five or more instructional units, and
002.11A2 Instructional unit means 15 clock hours (900 minutes) of classroom instruction in a course offered in the secondary school. As an example, a one semester course which meets for 50 minutes a day for 90 days generates 5 instructional units. Instructional units are computed to the nearest one-tenth.
002.12 School district means a public school system organized to provide education in elementary and/or secondary grades and accredited under Title 92 of the Nebraska Administrative Code (NAC), Chapter 10.
002.13 Students in membership means the count of students registered to attend school (present and absent) at a point in time during the school year.
002.14 Two-way interactive video distance education course means a distance education course in which a teacher delivers instruction to students in a different location than the teacher using two-way interactive video on at least two different days per week during the course.
003 Incentives for Distance Education . For any fiscal year for which funds are available for distance education incentives pursuant to Neb. Rev. Stat. § 79-1337, the department will provide distance education incentives to school districts and educational service units for qualified distance education courses.
003.01 School districts and educational service units may apply for incentives annually to the department on or before August 1 on a form specified by the department. The application must comply with subdivision (2)(a) or (2)(b) of Neb. Rev. Stat. § 79-1337.
003.02 On or before September 1 of each year, the department will certify the incentives to be paid to each school district and educational service unit on or before October 1 of each year. The incentives for each district will be calculated pursuant to subsections (3) and (4) of Neb. Rev. Stat. § 79-1337.
003.03 The department may verify any or all application information using annual curriculum reports.
003.04 On or before October 1 of each year, a school district or educational service unit may appeal the denial of incentives for any course by the department to the board.
003.04A The board must allow a representative of the school district or educational service unit an opportunity to present information concerning the appeal to the board at the November board meeting.
003.04B If the board finds that the course meets the requirements of this section, the department will pay the district from the fund as soon as practical in an amount for which the district or educational service unit should have qualified based on the incentive per distance education unit used in the original certification of incentives pursuant to this section.
003.04C Appeals under this section must be filed with the board on forms specified by the Commissioner. The service of such appeal, as indicated in the certificate of service, must be no later than October 1.
History
- Effective 2026-07-19
Chapter 91 Regulations Governing Driver Qualifications & Operational Procedures for Pupil Transportation Vehicles
Neb. Admin. Code tit. 92, ch. 91 Regulations Governing Driver Qualifications & Operational Procedures for Pupil Transportation Vehicles {#sec-92-nac-91 omnilex-key=us-ne-regs-official--title-92--92 NAC 91}
001 General Information
001.01 Statutory Authority. This Chapter is adopted pursuant to Sections 79-318(12), and 79-607 of the Revised Statutes of Nebraska (R.R.S.).
001.02 Scope and Application. This Chapter governs the qualifications and requirements for drivers of pupil transportation vehicles in public and non-public schools, along with operational procedures for pupil transportation vehicles.
001.02A This regulation is not intended to include: (i) legally licensed operators of vehicles which operate under the jurisdiction of the United States Department of Transportation, State Patrol Motor Carrier Enforcement Division of Motor Carrier Services or Nebraska Public Service Commission when used for activity trips as described in subsection 002.02 of this Chapter; (ii) private motor vehicles used exclusively to carry members of the vehicle owner's household; (iii) small vehicles used for activity purposes only except as stated in subsection 003.01A; or (iv) the operation of small vehicles in emergency situations when approved by the school administrator or person designated by the local governing school board.
001.03 Related Regulations. An additional regulation promulgated by the Nebraska Department of Education is Chapter 92, Regulations Governing the Minimum Equipment Standards & Safety Inspection Criteria for Pupil Transportation Vehicles.
001.04 Penalty Provisions. Section 79-607 of the Revised Statutes of Nebraska (R.R.S.) provides that violations of traffic rules or regulations which relate to school bus transportation may result in a person being guilty of a Class V misdemeanor.
001.05 Effective date and Implementation Date. Regardless of the effective date of this Chapter, the implementation (operative) date will be either January 1, 2019 or the effective date of this Chapter, whichever is later. Prior to that date, the provisions of 92 NAC 91 effective September 26, 2012 shall remain in effect.
002 Definitions
002.01 Activity Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, which at any time would be used to carry school children and school personnel exclusively on a school activity trip from a given location to a second location without stopping to load or unload children or control traffic on public highways, provided that such transportation service is sponsored and approved by the local school governing board. This includes Multi-Function School Activity Bus as defined in 49 CFR 571.3 and does not preclude the use of a school bus as an activity bus.
002.02 Activity Trip means the transportation of children, pupils, and school personnel to and from a given location to a second or subsequent location or locations without stopping to load or unload the passengers on the public highways for the purpose of transporting the passengers to any activity or event sanctioned, authorized or sponsored by the school district or the local school’s governing board.
002.03 "Behind the Wheel” Training and Pre-Service Evaluation means an orientation prescribed by the Commissioner of Education and conducted by any driver holding a current school bus permit or who is qualified to drive a pupil transportation vehicle.
002.04 Motor Coach Bus means a vehicle not designed primarily for the transportation of school children to and from school and school related activities, but as a commercial motor vehicle as a part of the operation of a common or contract carrier, as those terms are defined in Section 75-302 R.R.S., with a Gross Vehicle Weight of greater than 33,000 lbs., with a semi-monocoque/monocoque unitized body construction and which has high back seats, under-the-floor storage, and is designed to seat at least 32 passengers. For purposes of this Section, monocoque means a design where the skin or shell of the vehicle acts as a single unit with the supporting frame and semi-monocoque means a design where the skin or shell of the vehicle acts, to some extent, as a single unit with the supporting frame. Such buses are also commonly known as “over-the-road coaches.”
002.05 Level I Instructional Course means a minimum of an eleven (11) hour, instructional program for individuals who will be operating school buses and a minimum of three (3) hour instructional program for drivers of small vehicles on routes, prescribed by the Commissioner of Education, conducted by an instructor approved by the Commissioner. The course is valid for five (5) years.
002.06 Level I Waiver Examination means an examination approved by the Commissioner of Education that may be taken prior to attending the Level I Instructional Course for which a passing score on the waiver examination temporarily fulfills the Level I requirement for an individual to drive a pupil transportation vehicle for the first time. Sixty (60) days after being issued, the waiver expires.
002.07 Level II Instructional Course means a minimum of a three (3) hour instructional program, that is prescribed by the Commissioner of Education, conducted by an instructor approved by the Commissioner and is valid for five (5) years.
002.08 Level II Waiver Examination means an examination approved by the Commissioner of Education that may be taken prior to attending the Level lI Instructional Course for which a passing score on the waiver examination temporarily fulfills the Level lI requirement for an individual to drive a pupil transportation vehicle. The applicant must complete the entire Level lI Instructional Course within sixty (60) days of passing the Level ll Waiver Examination.
002.09 Students means school students, pupils and children and will be used interchangeably throughout this Chapter.
002.10 School Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding Nebraska Pupil Vehicle Minimum Standards (92 NAC 92); which at any time is used to carry school children and school personnel exclusively that is sponsored and approved by the local school governing board. School bus includes an Activity Bus (as defined in this Chapter) and a Multi-Function School Activity Bus (MFSAB) as defined in 49 CFR 571.3 except where otherwise provided in 92 NAC 92. Vehicles that only carry school children along with other passengers as a part of the operation of a common carrier under the jurisdiction of the United States Department of Transportation, Nebraska Public Services Commission, Nebraska State Patrol Carrier Enforcement, or the Nebraska Department of Motor Vehicles Division of Motor Carrier Services are not included with the definition of school bus.
002.11 Small Vehicle means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying ten (10) or fewer passengers, excluding the driver, meeting or exceeding Nebraska Department of Education minimum standards for small vehicles which at any time would be used to carry students exclusively that is sponsored and approved by the local school governing board. If the seating capacity of the vehicle has been reduced to meet the definition of a small vehicle, the manufacturer, distributor, or dealer shall recertify the vehicle if required by 49 CFR 567.7. The capacity of the vehicle shall be posted inside the vehicle in a conspicuous location. The preceding definition is not intended to include private motor vehicles used exclusively to carry members of the owner's household.
002.11A Vehicles that have an original manufacturer’s vehicle type classification label under 49 CFR 567.4 of “bus” and that have an original manufacturer’s designated seating capacity of 15 persons maximum (e.g. 15-passenger vans) shall not qualify as a small vehicle.
002.12 Pupil Transportation Vehicle means any vehicle utilized to carry school children as sponsored and approved by the local school governing board and conforms to the Nebraska Department of Education definitions of pupil transportation vehicles listed in this Chapter.
002.13 Pupil Transportation Vehicle Driver means a driver of any pupil transportation vehicle, utilized to transport school children.
002.14 Route means a designated course regularly traveled by a pupil transportation vehicle to pick up students from home or pickup points and take them to school or other locations related to a student’s instructional program or to deliver students from school to their homes or designated drop-off points.
003 Pupil Transportation Driver Qualification Criteria
003.01 Pupil transportation vehicles used to transport one or more school children must be driven by individuals who have met the criteria as stated in this Chapter whenever such transportation service is sponsored and approved by a local school's governing board. Drivers employed by schools’ independent contractors, and drivers independently contracted by a military base to transport children to school must also meet this criteria to be qualified to drive a pupil transportation vehicle.
003.01A Pupil transportation vehicle drivers of small vehicles on activity trips shall be provided instruction in emergency evacuation procedures, first aid, and other instruction applicable to the group of students being transported by their employer prior to such transportation activity.
003.01B Substitute pupil transportation vehicle drivers shall meet the same driver requirements and qualifications as a regular pupil transportation vehicle driver.
003.01B1 A pupil transportation vehicle driver shall not have the authority to assign a substitute without the prior approval of a school administrator or person designated by the local governing school board.
003.02 Requirements to be a Pupil Transportation Vehicle Driver
003.02A Drivers Eligibility. The following requirements shall be met at all times by individuals to be a pupil transportation vehicle driver:
003.02A1 The individual shall possess a valid Motor Vehicle operator's license required for the vehicle(s) that will be driven to transport students;
003.02A2 The individual shall be able to read and comprehend driving regulations and written test questions;
003.02A3 The individual shall be a minimum of 18 years of age; and
003.02A4 The individual shall be of good moral character.
003.02B Type of Vehicle Qualifications for Pupil Transportation Drivers. The following categories of pupil transportation vehicles that drivers can be qualified to drive are:
| Category | Vehicle | Capacity - Not Including the Driver | Minimum DMV License Required | | --- | --- | --- | --- | | A | Small Vehicle: Car or Van (Routes Only) | 1-10 Passengers | Class O Operator's License | | B | School Bus | Up to 14 Passengers | Class O Operator's License | | C | School Bus | 15 or More Passengers | Commercial Driver's License with Passenger and School Bus Endorsements |
003.02C Initial Training Requirements to Qualify as a Pupil Transportation Driver. When an individual has never held a school bus permit, or has never met the requirements to qualify to drive a pupil transportation vehicle, the following requirements shall be met for all pupil transportation drivers except drivers of small vehicles for activity trips only:
003.02C1 Complete "Behind the Wheel" training and pre-service evaluation that is administered by a driver with a valid school bus permit or a driver who is qualified to drive a pupil transportation vehicle and holds an equal or higher vehicle qualification. Upon completion of the evaluation, the administering driver will issue a completed Pre-Service Evaluation Form (see Appendix D) and School Transportation Maneuvers Road Test Examiner’s Summary to the individual. The individual must hold a CLP Learner’s Permit for commercial vehicles before attempting to complete this training and evaluation pursuant to Sections 60-4,141 through 60-4,143 R.R.S., which is required if operating a bus on a public roadway.
003.02C2 Successfully complete a Level I Instructional Course by receiving at least the minimum score on the Level l Instructional Course Exam.
003.02C3 Pass a prescribed physical examination administered by a medical examiner who has been who has been approved by the school district, governing body or employing agency. All physical examinations are to be conducted according to the Department of Transportation Federal Motor Carrier Safety Regulation Section 391.41 (49 CFR 391.41) and a record maintained as set forth in Department of Transportation Federal Motor Carriers Safety Regulation Section 391.43 (49 CFR 391.43). This physical examination is valid for up to two (2) years from the date of exam. The individual will provide the employer with a copy of the Medical Examiner’s Certificate prior to operating any pupil transportation vehicle.
003.02D Requirements for an Individual to Maintain Status as a Qualified Pupil Transportation Driver. The individual shall:
003.02D1 Meet the requirements as described in subsection 003.02C3.
003.02D2 Within five (5) years of completing a Level I Instructional Course and each subsequent five (5) year period, the driver shall complete a Level II Instructional Course. This requirement may be waived for sixty (60) days if the applicant receives at least the minimum score on the Level II waiver examination.
003.02D2a If more than five (5) years have passed since an individual has successfully completed a Level l or Level ll Instructional Course, the Level I Instructional Course shall be taken again.
003.03 Responsibilities of Employers of Pupil Transportation Drivers
003.03A Each employer shall have on file a valid Medical Examiner’s Certificate for each driver it employs, except drivers of small vehicles for activity trips only. If the Medical Examiner’s Certificate is valid for less than two (2) years, the employer shall require an updated valid Certificate prior to the expiration of the previous Certificate.
003.03B When the employer becomes aware that a driver’s Medical Examiner’s Certificate is no longer valid, the employer will remove the driver from duties as a pupil transportation driver until a valid Medical Examiner’s Certificate has been provided.
003.03C The employer shall annually obtain from the Nebraska Department of Motor Vehicles the driving record for every pupil transportation vehicle driver, and apply the satisfactory driving criteria, as determined by the local school governing board policy, before a pupil transportation vehicle driver may drive a pupil transportation vehicle.
003.03D The employer shall obtain a criminal history record that includes information from the Nebraska State Patrol for all individuals that are to be employed as pupil transportation vehicle drivers and keep a copy of that record on file.
003.03D1 Each individual’s criminal history record shall be updated during the calendar year that coincides with the expiration of the individual’s motor vehicle operator’s license.
003.03D2 The employer is not required to obtain a criminal history record for drivers who are also certificated Nebraska school administrators or teachers.
003.03E Employers shall annually provide a minimum of two (2) hours of in-service training for all pupil transportation vehicle drivers that, at a minimum, include emergency evacuations, loading/unloading, student management, vehicle inspections and the school’s Safe Pupil Transportation Plan.
004 Operational Procedures
004.01 Pre-trip Vehicle Inspections. Designated pupil transportation personnel or designated personnel of the employer shall perform a pre-trip inspection prior to placing the vehicle in service and shall promptly report in writing to the school administrator or person designated by the local school governing board any defects or deficiencies discovered that may affect the operational safety of the vehicle or result in its mechanical breakdown. The pre-trip inspection procedures require the conducting of both stationary and operating inspections. The inspection shall be conducted according to the procedures in Appendix C.
004.01A For purposes of this Section, a “trip” means the transportation from one predetermined destination to another with students on board. A new trip occurs whenever an hour or more expires before the next trip.
004.02 Post-Trip Check. Pupil transportation vehicle drivers shall conduct an interior walk-through inspection for students who may remain on a school bus, and a visual inspection for students that may remain in a small vehicle, at the end of each route or activity trip.
004.03 Safe Stops for Loading and Unloading Children. No school bus shall stop to load or unload pupils unless there is at least four hundred (400) feet of clear vision in each direction of travel (Section 60-6,175(3) R.R.S.).
004.03A When a school bus is (a) parked in a designated school bus loading area which is out of the flow of traffic and which is adjacent to a school site or (b) parked on a roadway which possesses more than one lane of traffic flowing in the same direction and which is adjacent to a school site, the bus driver shall engage only the hazard warning flasher lights when receiving or discharging pupils if a school bus loading area warning sign is displayed. Such signs shall not be directly attached to any school bus but shall be free standing and placed at the rear of a parked school bus or line of parked school buses. No school district shall utilize a school bus loading area warning sign unless such sign complies with the requirements of Section 60-6,176 R.R.S..
004.03B The following procedure shall be followed by the pupil transportation vehicle driver when controlling traffic with a school bus during the process of loading and unloading:
004.03B1 Use rearview mirror system to check all traffic.
004.03B2 Reduce the school bus speed with minimal brake usage and without greatly interrupting the flow of traffic.
004.03C Activate the school bus flashing yellow warning signal lights:
004.03C1 Not less than 500 feet or more than 1,000 feet from the bus stop in any area outside the corporate limits of any city or village; or
004.03C2 At least 300 feet and not more than 600 feet from the bus stop within the corporate limits of any city or village.
004.03D During the stopping process, the pupil transportation vehicle shall allow sufficient area to the right of the bus so that children and other passengers may clear the bus safely.
004.03E After the school bus has stopped, the pupil transportation vehicle driver shall:
004.03E1 Place the transmission in “Park”, and if there is no “Park” shift point, place the transmission in “Neutral” and set the parking brake at each stop;
004.03E2 Check to see if traffic is able to stop, activate the alternating flashing red signal lamps, and extend stop arm;
004.03E3 Check to see if road is clear in both directions and that all traffic is stopped. When the road is clear and all traffic has stopped, open door to load and unload children and other passengers;
004.03E4 Require that when the children and other passengers have left the bus, they walk to a distance of approximately twelve (12) feet in front of the bus before crossing the roadway;
004.03E5 When children and other passengers are safely across the road, or on their way home, the pupil transportation vehicle driver shall close the door, ensure all passengers are seated, retract stop arm, turn off alternately flashing warning lights, check the traffic and proceed. All passengers shall remain seated while the bus is in motion.
004.04 Railroad Crossing Procedure. The following sequence of actions apply to all drivers of school buses, activity buses, and Multi-Function School Activity Buses (MFSAB), either loaded or unloaded, during the process of approaching and crossing railroad tracks except at any such crossing where a police officer or a traffic control flagman (railroad employee) directs traffic to proceed:
004.04A Approach the tracks with caution and decelerate the vehicle;
004.04B Activate the hazard warning flasher lights at a distance of not less than 200 feet from the nearest railroad track;
004.04C Stop the bus within 50 feet, but not less than 15 feet from the nearest rail, place the transmission in “Park, and if there is no “Park” shift point, place in “Neutral” and press down on the service brake or set the parking brakes;
004.04D Command the cooperation of passengers in an effort to provide maximum quietness;
004.04E After quietness has been achieved, open the service door and driver’s window, listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train;
004.04F If no train is approaching, proceed in a gear low enough to permit crossing the tracks without having to shift gears (vehicles with automatic transmissions should put the transmission in the drive gear);
004.04F1 When two (2) or more tracks are to be crossed, do not stop unnecessarily a second time unless the rear bumper of the school bus is completely clear of the first track and has at least 15 feet clearance in front and at least 15 feet clearance from the track to the rear.
004.04G Railroad tracks shall not be crossed unless absolutely certain there would be at least 15 feet of clearance from the rear bumper of the school bus to the nearest rail should the bus need to stop after crossing the railroad tracks; and
004.04H Deactivate warning hazard lights after the bus completely crosses the railroad tracks.
004.05 Emergency Evacuation Drill Procedure. At least twice during each school year, each pupil who is transported in a school bus shall be instructed in safe riding practices and participate in emergency evacuation drills conducted by a pupil transportation vehicle driver who is qualified to operate a school bus. The emergency evacuation drill procedure will be conducted according Appendix B. The chief administrative officer or chairperson of the board of education representing a public school district or the chief administrative officer or chairperson of the governing authority representing any nonpublic school shall annually certify, a verification statement to the Department of Education that the evacuation drills required pursuant to this Section have been conducted. Such verification statement shall be sent to the Department of Education no later than June 30.
004.06 Accident Procedures and Prevention
004.06A The following procedures shall be observed by a pupil transportation vehicle driver in the case of an accident involving a pupil transportation vehicle:
004.06A1 Stop the vehicle immediately;
004.06A2 Remain at the scene of the accident and render reasonable assistance to any person injured in the accident;
004.06A3 Make certain all pupils are in a safe place away from traffic and that pupils are not permitted to leave the assigned area without permission;
004.06A4 Notify the law enforcement agency immediately and inform the school administrator and request medical assistance;
004.06A5 Obtain the names, license numbers, registration numbers, location, time, road and weather conditions that are accurately written down;
004.06A6 Set three flares or reflectors to warn traffic as follows:
004.06A6a On the traffic side of the vehicle, within ten (10) feet of the rear corner to mark the location of the vehicle.
004.06A6b On the shoulder of the road or in the lane the vehicle is stopped in, about 100 feet behind and ahead of the vehicle. (See Appendix A, Figure 1)
004.06A6c Back beyond any hill, curve, or other obstruction that prevents other drivers from seeing the vehicle within 500 feet. (See Appendix A, Figure 2)
004.06A6d If the vehicle must stop on or by a one-way, or divided highway, place flares or reflectors 10 feet, 100 feet, and 200 feet toward the approaching traffic.
004.06A7 Provisions shall be made for transporting pupils to their homes or to school as determined by local school policy.
004.06A8 The driver of any pupil transportation vehicle, which is in any manner involved in an accident within the state, in which any person is killed or injured, or in which damage to an apparent extent in excess of $1,000.00 is sustained to the property of any one person, including such driver shall within ten (10) days report the matter in writing on prescribed forms to the Nebraska Department of Motor Vehicles.
004.06B Procedures for Other Accidents. When a pupil transportation vehicle driver approaches a scene of an accident in which the pupil transportation vehicle is not involved and no other assistance is available, the vehicle driver shall stop, put on four (4)-way flashers to warn approaching traffic and determine the necessity of being of assistance, provide reasonable assistance and thereafter immediately continue on the route schedule.
004.07 Additional Pupil Transportation Vehicle Operating Regulations
004.07A Speed Limits. The maximum pupil transportation vehicle speed limit shall be as posted or as otherwise provided by applicable laws or ordinances; however, speed should be governed by reasonable individual judgment and existing operating conditions.
004.07B Convoy Distance. A pupil transportation vehicle shall not follow another vehicle within 475 feet when traveling outside the corporate limits of a town or city. The preceding is not intended to prevent a pupil transportation vehicle from passing another motor vehicle.
004.07C Tobacco Products. Smoking and/or the use of any tobacco product in a pupil transportation vehicle shall be prohibited at all times.
004.07D Backing. The driver of a school, activity, or coach bus owned and operated by a school shall not drive backwards on the school grounds unless the rear of the bus is observed and directed by a second responsible person. The driver of any pupil transportation vehicle shall not back such vehicle on any roadway unless such movement can be made with safety and without interfering with other traffic.
004.07E Towing. Pupil transportation vehicles shall not be operated with a trailer or other vehicle attached while children are being transported.
004.07F Occupant Protection Systems. The pupil transportation vehicle driver shall be required to wear lap/shoulder belts whenever the vehicle is in motion. When occupant protection systems/lap belts are provided in the pupil transportation vehicle, passengers shall wear the occupant protection system. Children up to the age of eight (8) years of age shall use Federally-approved child passenger restraint systems as required by Section 60-6,267 R.R.S.
004.07G Hourly Driving Limitation. It shall be unlawful for any person operating a pupil transportation vehicle to be or remain on duty for a longer period than sixteen (16) consecutive hours. When any person operating a pupil transportation vehicle shall have been continuously on duty for sixteen (16) consecutive hours, he or she shall be relieved and not be permitted or required to again go on duty without having at least ten (10) consecutive hours off duty, and no such driver, who has been on duty sixteen (16) hours in the aggregate in any twenty-four (24) hour period, shall be required or permitted to continue or again go on duty without having had at least eight (8) consecutive hours off duty.
004.07G1 For purposes of this Section, “on duty” means time spent doing any of the following: driving, loading, unloading, or supervising or assisting in loading or unloading persons or property from or into vehicles, or repairing, inspecting or otherwise attending to a vehicle or its passengers.
004.07G2 When transportation of pupils is subject to the hourly driving limitation of the Federal Motor Carrier Safety Regulations (49 CFR Part 395), then such requirements shall govern.
004.07H Seating. Seating shall be provided that will permit each occupant to sit in a seat as intended by the manufacturer. Neither the manufacturer's rated seating capacity nor the manufacturer's gross vehicle weight (GVW) shall be exceeded at any time the pupil transportation vehicle is in motion. In addition, the aisle and exit and entry areas shall be clear and unobstructed while the pupil transportation vehicle is in motion. Routing and seating plans shall be coordinated so as to eliminate standees when a school vehicle is in motion. There shall be no auxiliary seating accommodations such as temporary or folding jump seats in pupil transportation vehicles. If permanent seats are removed or added to a pupil transportation vehicle, such installation shall be completed by the dealer or manufacturer.
004.07I Use of Strobe Light. The white flashing strobe light shall be used only in adverse weather conditions, when the pupil transportation vehicle is in distress or to enhance the visibility of the pupil transportation vehicle when barriers inhibit such visibility.
004.07J Use of Headlights. Pupil transportation vehicles shall operate with headlights on at all times.
004.07K Small Vehicles Used on Routes. When a small vehicle is used to transport students on a route, the driver shall pull off the road into a driveway, parking lot, or other appropriate safe location prior to loading and unloading students.
004.07L Use of Handheld Wireless Communication Device. Drivers shall not use a handheld wireless communication device to read written communication, type written communication, or send written communication while operating pupil transportation vehicles. If the use of a handheld wireless communication device, whether for written or verbal communication, is necessary, the driver shall pull the pupil transportation vehicle off the road before using this device. (This does not preclude the use of a two-way communication device required by 92 NAC 92- subsection 005.11.)
004.07M Leaving Pupil Transportation Vehicle with Passengers on Board. Unless a running engine is required to operate a power lift or ramp (see 92 NAC 92-007.07), drivers of pupil transportation vehicles shall not leave a pupil transportation vehicle when passengers are on board unless the vehicle is parked in a safe location, the engine is in the off position, the keys have been removed and in the possession of the driver.
005 Safe Pupil Transportation
005.01 Transportation of Unsafe Items. Pupil transportation vehicles shall not transport any items, animals, materials, weapons or look-a-like weapons, explosive devices or equipment which in any way would endanger the lives, health, or safety of the children, and other passengers and driver.
005.01A Look-a-like weapons associated with a school sponsored or approved activity may be transported with written permission of an administrator of the school district. If possible, these items should be secured and not visible or accessible to students while on the pupil transportation vehicle.
005.01B Any item or items that would break or could produce injury if tossed about the inside of pupil transportation vehicle when involved in an accident shall be secured.
005.02 Safe Pupil Transportation Plan. Each school district providing pupil transportation shall have a safe pupil transportation plan.
005.02A The Plan may be incorporated or addressed in a school’s safety and security plan adopted pursuant to 92 NAC 10 or can be a separate plan. At minimum, the plan shall address:
005.02A1 Weapons.
005.02A2 Pupil behavior that is in violation of Student Conduct Standards established by Section 79-262(1) R.R.S or similar rules.
005.02A3 Terroristic threats.
005.02A4 Severe weather.
005.02A5 Hazardous materials and unattended items on or near pupil transportation vehicle.
005.02A6 Medical emergencies.
005.02A7 Driver/passenger procedures in the event of mechanical breakdowns of the vehicle.
005.02A8 Driver procedures in the event that the drop-off location is uncertain or appears unsafe to leave students.
005.02A9 Functional capacity of a pupil transportation driver and a process to confirm a driver’s ability to conduct daily tasks and emergency evacuations.
005.02B Documentation under Safe Pupil Transportation Plan. Each school district providing pupil transportation shall develop a procedure that requires pupil transportation vehicle drivers to document and submit to designated school authorities the occurrence of any events covered by the Safe Pupil Transportation Plan adopted under subsection 005.02, that involved the pupil transportation vehicle operated by the driver, or any pupils transported in it.
005.03 Authorized Passengers. No one except school personnel, supervisory personnel, monitoring personnel and pupils assigned to a school bus for a particular route schedule or for an activity trip as defined in 92 NAC 91- subsection 002.02 may ride in such vehicles.
005.03A This Section shall not limit the types of passengers that may otherwise be transported in a school bus when used for other than to or from school purposes under Section 13-1208 R.R.S., Section 60-6,175(7) R.R.S., or as otherwise authorized.
APPENDIX A - PLACEMENT OF WARNING FLARES/REFLECTORS
APPENDIX B - EMERGENCY EVACUATION DRILL PROCEDURES
In a school bus accident or emergency situation, the school bus driver must use his/her best judgment to decide what action shall be taken. The primary responsibility is pupil safety. In an emergency it may be necessary that the bus be evacuated. This procedure requires a definite plan followed by periodic practice in emergency evacuation drills.
The following procedures apply to school buses. Local policies must be developed to include instructing emergency equipment and evacuation procedures for students who ride small vehicles.
- Reasons for Emergency Evacuation of School Buses
A. Fire or danger of fire – If any portion of a school bus is on fire, it shall be stopped and evacuated immediately. Passengers shall move to a point 100 feet or more upwind from the bus and remain there until the bus driver has determined that no danger remains. If a school bus is unable to move and is close to existing fire or highly combustible materials, the “danger of fire” shall be assumed and all passengers evacuated.
B. Unsafe Location – In the event that a school bus is stopped in an unsafe location and is unable to proceed, the driver must determine immediately if it is safer for passengers to remain on the bus or to evacuate.
C. Driver must evacuate a school bus if its final stopping position:
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is in the path of any train, or on or closely adjacent to any railroad tracks;
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could change and increase the danger. For example, if a bus were to come to rest near a body of water or precipice where it could slide into the water or over a cliff, it must be evacuated;
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is such that there is danger of collision. Under normal traffic conditions, the bus should be visible for a distance of 300 feet or more. A position over a hill or around a curve where such visibility does not exist should be considered reason for evacuation.
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Important Factors in School Bus Evacuation
A. The safety of the pupils is of utmost importance and must be given first consideration. During an evacuation, pupils should be led to a safe place at least 100 feet off the road in the direction of oncoming traffic. If there is a risk from spilled hazardous materials, lead the pupils upwind of the bus at least 300 feet.
B. Prior to evacuation, place the transmission in park (neutral), activate the hazard warning light, set the emergency brakes, turn the ignition off, and remove the ignition key.
C. The driver shall stay in the bus during evacuation to guarantee smoothness of evacuation procedures.
D. Evacuations shall be conducted with “deliberate speed.” A time interval of 1½ to 2 seconds per passenger has proven to be the safest and most efficient.
E. To insure a safe exit, passengers must have their hands free. They shall leave lunch boxes, books, and other personal belongings on the bus.
F. Passengers selected and trained in advance shall be assigned to serve as:
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Leaders - will lead passengers to safety from each door utilized for evacuation. (Passengers shall be directed to a safe point at least 100 feet from the bus and remain there until given further directions.)
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Helpers - two pupils shall be stationed to aid passengers as they leave the bus through the rear emergency exit.
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Common Types of School Bus Emergency Evacuation
A. Evacuations utilizing the front or service door shall be conducted using the same techniques as a routine unloading. The driver will choose whether to evacuate the bus one side at a time or on a staggered seat basis.
B. Evacuations utilizing only the rear exit door have some distinctive features.
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The bus driver shall walk back through the bus to the rear exit and direct the pre-assigned leader and helpers to take their positions.
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The leader will open the rear emergency door, exit, and stand clear, ready to lead exiting passengers to a safe location set by the driver.
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The helpers will exit and take their position, one on each side of the rear emergency exit to assist passengers in exiting the bus in a safe and orderly manner.
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Passengers shall remain in their seats until directed by the driver to leave the bus. The driver may choose whether to evacuate the bus one side at a time or on a staggered seat basis.
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The driver shall advise all passengers to have their hands free and coats buttoned. Each passenger shall be two steps away from the bus before the next person exits. Taller passengers would be reminded to duck their heads in order to exit safely.
C. Evacuations utilizing roof hatches, side emergency doors, and side/rear emergency windows. Should the bus be on its side, utilize the roof hatches and side door. The side door is located on the left side, the street side, of the bus. Use caution exiting, as belongings will be tossed around and might be a hazard underfoot. Evacuation procedures are the same as if utilizing the 5 step rear door exit evacuation. Follow the instructions for opening the side/rear window emergency exits. Instructions are displayed on the door and below the window.
D. Evacuation of pupils with disabilities - Each bus route shall have its own written emergency evacuation plan.
E. School Bus Pupil Representatives
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The school bus driver is responsible for the safety of pupils. However, in an emergency a driver might be incapacitated, unable to direct evacuation. Therefore, school bus representatives (school safety patrol members or appointed pupil) should be selected, trained and prepared to direct the evacuation.
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School bus representatives should be: a) mature pupil – maturity is more important than age; b) good citizens – a desire to serve is most important; c) on the bus for the entire route. Choosing pupils who live near the end of the route might be helpful. They must also have written parental permission in advance.
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Training programs shall prepare pupils, school bus representatives to: a) turn off ignition switches; b) set emergency brakes; c) summon help when and where needed (instructions and telephone numbers shall be available on buses); d) use windows for evacuation in emergencies; e) set flags and reflectors or reflective triangles; f) open and close service and emergency exit doors; g) direct school bus evacuations; h) perform other duties as directed by the driver.
F. School Bus Evacuation Drills
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All pupils who are transported in a school bus shall be given an opportunity to participate in evacuation drills.
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All pupils shall be instructed in school bus passenger safety and procedures for emergency evacuation prior to participation in evacuation drills.
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Drills should be held in restricted off-street areas and not on bus routes.
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All types of emergency evacuations should be practiced with emphasis on utilizing the rear emergency exit.
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Section IV, subsection C-2 of Standard 17 of the Federal Highway Safety Act of 1966 and Section 79-609(2)(a) R.R.S. states: “At least twice during each school year, each pupil who is transported in a school vehicle shall be instructed in safe riding practices and participate in emergency evacuation drills.”
APPENDIX C –PRE-TRIP INSPECTION PROCEDURES
The school bus driver must perform a pre-trip inspection of the school bus and equipment before transporting pupils. This pre-trip inspection consists of the following:
- Bus exterior
- Bus interior
- Operating – Road Check
The driver of a small vehicle must perform pre-trip inspection before the vehicle is used for transporting pupils.
Before starting the engine, drivers should conduct an interior and exterior walk-around, visually checking behind doors, accessible panels, under seats, undercarriage, etc., for suspicious items. If a suspicious item is found, the driver should clear the immediate area and notify authorities, as determined by the local school officials .
CARE & INSPECTION
Exterior Inspection or the “pre-trip Walk-Around”
Before conducting the pre-trip walk-around, start the engine and allow the vehicle to warm-up. Do not leave the vehicle while it is warming up. Set the parking brake and put the transmission in neutral. Then get out and inspect the vehicle thoroughly – top to bottom and end to end. Walk completely around it, alert to faulty equipment. Carry supplies to clean the lights, mirrors, signs, and windows. When the vehicle lights and signs are not visible because of dirt, other motorists can come to close to the vehicle before reacting. If the headlights, mirrors, or windows are dirty, reaction time is reduced due to poor visibility.
Listed below is each piece of equipment to be inspected for proper working order and warnings, which point to potential problems.
[Pre-trip inspection for small vehicles consists of inspecting the items below which have been indicated by an asterick (*).]
- Lights* – Check all lights applicable to the vehicle: back-up lights, brake lights, directional signals, hazard flashers, headlights, lighted school bus sign, reflectors, running lights, stop arm lights, taillights, and warning lights. Any lights or reflectors exhibiting such problems as inconsistent flashing, cracks, or other damage, should be reported in writing and repaired.
- Mirror* – Mirrors should be aimed and tightly adjusted. Make certain you have a safe view.
- Windows* – All windows, especially the windshield and rear window, should be clear of dirt, ice, road film, and snow that can cause glare or impair visibility. Do not clear just a “peephole.” Inspect windows for cracks and report any problems to the administration.
- Emergency Rear Door – Check to see that it opens easily from the outside. The emergency door-warning buzzer should sound when the door is opened and the ignition key is on. This door must always be ready for emergencies, yet tightly sealed when closed to prevent possible entrance of carbon monoxide fumes.
- Exhaust System* – Carbon monoxide poisoning occurs the most frequently when a vehicle is standing still or is in an enclosed space with the engine running. Look for visible exhaust and listen for excessive noise and vibration. Check for leaks in the exhaust system and holes in the body of the vehicle. Leaks should immediately be reported and repaired. The exhaust system should also be checked for sagging tailpipes (exhaust pipes) and mufflers.
- Fluid Leaks* – Examine inner wheels and tires and the area under the vehicle for wetness. Leaks can be engine oil, coolant, fuel, rear axle fluid, or grease, as well as brakes, clutch, or transmission fluid. Leaks should immediately be reported and repaired.
- Tires *– Check the tires and see to if they are under inflated, flat, excessively worn or damaged. Don’t drive the vehicle unless the tires are in good shape. One flat rear tire can place a dangerous weight on the companion tire of a dual set.
- Wheels* – Look for loose or missing nuts, excessive corrosion, cracks or other damage. Don’t drive with a damaged wheel or with loose wheel nuts.
- Under the Hood*– Before starting the engine for the daily walk-around, you should check the coolant and/or antifreeze and oil to make sure they are at the proper level. Also, look for cracked, loose, or worn drive belts, hoses, and hose clamps.
Interior Inspection
After the exterior inspection is complete, the vehicle should be checked thoroughly on the inside. All driver’s instruments and controls must be functioning properly. All of the following items should be checked before operating the vehicle.
- Lights* – Check the panel light and the interior dome lights. They should be clean and work properly.
- Mirrors* – They should be adjusted, aimed and cleaned so your visibility is unobstructed.
- Windows* – These should be cleaned from the inside as well as the outside, for total visibility, especially the windshield and rear window. Check for cracks in the windows and report any problems to the administration.
- Defroster, Fan and Heater* – The vents should be unobstructed; i.e., do not cover them with coats, books, papers, etc., to insure that air moves through properly.
- Driver’s Seat and Seat Belts* – These should be adjusted so that the driver’s feet reach the pedals, the doors, mirrors, and windows are in comfortable viewing distance, and the steering wheel is easily grasped without stretching or reaching. Seat belts for all passengers (including the driver) shall be in working order.
- Emergency Door and Buzzer – The door should be tightly sealed from the inside, but ready for emergency use. The buzzer should sound when the door is opened.
- Emergency Equipment* – All emergency equipment should be easily accessible, yet out of the pupil’s reach. Emergency equipment consists of the first aid kit, fire extinguisher, and reflectors. The fire extinguisher should be undamaged and properly stored. Replace cracked or broken hoses, keep nozzles unobstructed and make sure locking pins and sealing wires are in place. Periodically, shake the fire extinguisher to loosen the powder.
- Horn* – It should sound clearly without the horn or horn button sticking.
- Stop Arm Control and Service Door Control – Check to see that the controls coordinate with the actions of the stop arm and door. If there is a problem, it should be reported and repaired.
*The windshield wipers and washers, the steering wheel, and neutral safety switch should also be checked to make sure they are in proper working order.
The following equipment of the Interior Inspection should be checked with the engine running:
- Air Pressure or Vacuum Gauge – This gauge indicates the proper capacity of pressure to operate the brakes. Do not operate the vehicle until the pressure reaches the proper capacity. Loss of pressure indicates a leak in the system.
- Voltmeter Gauge– The voltmeter gauge indicates the voltage of the electrical charging system. This meter should show about 14 volts with the engine running. If it shows a higher or lower voltage, the vehicle should be checked.
- Brake Pedal and Warning Light – If the light comes on during a hard brake application, in a vehicle equipped with a dual brake system, it indicates that at least one of the brake systems is not working properly.
- Fuel Gauge* – It should indicate a safe margin of fuel for operating, never less than ¼ full.
- Oil Pressure Gauge* – The oil pressure gauge indicates the proper oil pressure. If it does not, the engine should be turned off. Learn what the proper oil pressure is for the vehicle.
- Water Temperature Gauge* – The water temperature gauge indicates the temperature of the coolant in the engine. It should read COOL or WARM. If it reads HOT, the engine should immediately be turned off and the problem reported.
Be sure to check the passenger compartment; inspecting seats and windows, making sure there are no potential missiles (such as lunch boxes, toys, or school books) laying on the seats or floor.
Operating - Road Check
The operating inspection is performed while the vehicle is being driven. A road check, both before and after loading the pupils, allows the driver to evaluate the working condition of that equipment which can only be inspected while the vehicle is in motion.
A driver should be constantly aware of the weight and motion of the passengers and how the vehicle is affected (as in pick-up characteristics, the tendency to drift, how the vehicle handles on curves, etc.) by always monitoring how the engine performs under load. The operating inspection consists of checking the following:
- Brakes *– Do not wait until the vehicle is on the road to test the brakes. They can be tested in the yard at the bus garage. Moving at a low speed, come to a complete stop. The vehicle should stop in a straight line without pulling to one side, skidding, or swerving. The brakes should not grab, lock, or make excessive noise such as squeaking or squealing. The brake pedal should not feel grabby, over sensitive, or spongy. When the brakes are not in use, watch for dragging which causes the vehicle to pull to one side.
- Clutch (if applicable) – When changing gears, the driver should control the speed of the engine so the shift can be completed easily and smoothly without jerking or slipping. Careless shifting wears out the clutch and reduces its service life. When the shift is completed, remove foot from the clutch-do not “ride” the clutch. When the pedal is released, the clutch should have some “free play.” Watch for dragging, grabbing, or lack of free play on the pedal. Listen for unusual sounds. If you smell an odor like burning rubber, the vehicle should immediately be stopped.
- Emergency Parking Brake – To test both air and mechanical brakes with a manual transmission, slowly engage the clutch while the parking brake is on. If the vehicle moves easily, the parking brake is not holding and should immediately be reported. With air brake systems, the parking brake will remain applied if there is partial or complete air loss in the service brakes. Release the parking brake when the vehicle is in motion. Driving with the parking brake on is a frequent cause of failure of the emergency brake.
- Engine* – Do not race the engine when it is cold. Increase the engine’s speed slowly so that all the parts can be lubricated. Do not exceed the maximum rpm. Listen for unusual sounds such as backfire, light tapping, occasional misfire, piston slap, rapid hammering, or whistling. Be alert to slow engine warm-up, lack or normal response, vibrations of the chassis, or failure of warm engine to start.
- Steering*– The steering should be easy to handle, precise, responsive, and steady in turns and over rough roads. Power steering should be exceptionally quiet. The steering should not have excessive “play,” jerking, “kickback” or rattles.
- Suspension* – Improper suspension can cause “bottoming,” excessive bounce, swaying and weaving on curves or rough roads, or one end of the vehicle to sag. Check for broken springs or faulty shock absorbers.
- Transmission* – With the transmission in a moving gear, the vehicle should move smoothly in response to depressing the accelerator. An automatic or manual transmission should slip into gear and have easy and smooth gear changes throughout the shifting range. Do not exceed the manufacturer’s recommended speed for each specific gear (rpm). Exceeding speed recommendations could damage the transmission or reduce its service life. Any metallic or unusual sounds or shifting difficulty should be reported immediately.
Continue to check all equipment throughout the day being alert to warning signs which will indicate potential problems. Be aware that the condition of the vehicle changes during the day.
At the end of the operating period check the passenger compartment for remaining passengers, lost articles such as books, lunch boxes, clothing, or toys. Inspect the seats for damaged upholstery and the window for cracks or breaks. Clean the vehicle, sweeping the floor, washing the seats, windows, and exterior.
APPENDIX D Pre-Service Evaluation Form
History
- Effective 2020-02-05
Chapter 92 Regulations Governing the Minimum Equipment Standards and Safety Inspection Criteria for Pupil Transportation Vehicles
Neb. Admin. Code tit. 92, ch. 92 Regulations Governing the Minimum Equipment Standards and Safety Inspection Criteria for Pupil Transportation Vehicles {#sec-92-nac-92 omnilex-key=us-ne-regs-official--title-92--92 NAC 92}
001 General Information
001.01 Statutory Authority. This Chapter is adopted pursuant to Sections 79-318(12) and 79-602 of the Revised Statutes of Nebraska (R.R.S.).
001.02 Scope and Application. This Chapter presents:
001.02A The minimum equipment standards required on all vehicles utilized to transport public and nonpublic school students. The following regulations, when addressing subject matter regulated by the Federal Motor Vehicle Safety Standards, (FMVSS), 49 Code of Federal Regulations (CFR) 571.101 et seq., are identical to or additional requirements beyond what is addressed in the FMVSS. Should conflicts be found or arise between the following regulations and the FMVSS, as to the same aspect of performance of a motor vehicle or motor vehicle equipment, the FMVSS or any other applicable provision of federal law or regulation shall supersede these regulations; and
001.02B The safety inspection criteria required for all vehicles utilized to transport public and non-public school students.
001.03 Related Regulation. An additional regulation promulgated by the Nebraska Department of Education dealing with pupil transportation is Rule 91, Regulations Governing Driver Qualifications and Operational Procedures for Pupil Transportation Vehicles.
001.04 Penalty Provisions. Sections 79-603 and 79-607 of the Revised Statutes of Nebraska (R.R.S.) provide for Misdemeanor criminal penalties for violation of statutory requirements for inspections of pupil transportation vehicles, safety features, or traffic rules or regulations which relate to school bus transportation.
001.05 Effective date and Implementation Date. Regardless of the effective date of this Chapter, the implementation (operative) date will be 180 days after its effective date. Prior to that date, the provisions of 92 NAC 92 effective July 7, 2015 shall remain in effect. School buses and activity buses manufactured on or after this Chapter’s implementation date shall meet or exceed the equipment standards in Section 005. See also “Vehicle Purchase and Use” at subsection 003.01. Regulations concerning small vehicle equipment (Section 006), additional required equipment for vehicles used with mobile seating devices (Section 007), and vehicle inspection criteria (Sections 008–011) apply as of the implementation date regardless of the date of manufacture of such vehicles.
002 Definitions .
002.01 Activity Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding this Chapter (except as provided in to subsection 003.02 of this Chapter) which at any time would be used to carry school children and school personnel exclusively on a school activity trip from a given location to a second location without stopping to load or unload children or control traffic on public highways, provided that such transportation service is sponsored and approved by the local school governing board. This includes Multi-Function School Activity Bus as defined in 49 CFR 571.3 and does not preclude the use of a school bus as an activity bus.
002.02 Activity Trip means the transportation of children, pupils and school personnel to and from a given location to a second or subsequent location or locations without stopping to load or unload the passengers on the public highways for the purpose of transporting the passengers to any activity or event sanctioned, authorized or sponsored by the school district or the local school’s governing board.
002.03 Motor Coach Bus means a vehicle not designed primarily for the transportation of school children to and from school and school related activities, but as a commercial motor vehicle as a part of the operation of a common or contract carrier, as those terms are defined in Section 75-302 R.R.S., with a Gross Vehicle Weight of greater than 33,000 lbs., with a semi-monocoque/monocoque unitized body construction and which has high back seats, under-the-floor storage, and is designed to seat at least 32 passengers. For purposes of this Section, monocoque means a design where the skin or shell of the vehicle acts as a single unit with the supporting frame and semi-monocoque means a design where the skin or shell of the vehicle acts, to some extent, as a single unit with the supporting frame. Such buses are also commonly known as “over-the-road coaches.”
002.04 Federal Motor Vehicles Safety Standards (FMVSS) means the construction standards developed and enforced by the National Highway Traffic Safety Administration (NHTSA) that apply to all new motor vehicles and items of motor vehicle safety equipment and must conform with 49 CFR Part 571.
002.05 Route means a designated course regularly traveled by a pupil transportation vehicle to pick up students from home or pickup points and take them to school or other locations related to a student’s instructional program or to deliver students from school to their homes or designated drop-off points.
002.06 School Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding the requirements of this Chapter which at any time is used to carry school children and school personnel exclusively that is sponsored and approved by the local school governing board. School bus includes an Activity Bus (as defined in this Chapter) and Multi-Function School Activity Bus (MFSAB) as defined in 49 CFR 571.3 except where otherwise provided in this Chapter (see subsection 003.02). Vehicles that only carry school children along with other passengers as a part of the operation of a common carrier under the jurisdiction of United States Department of Transportation, Nebraska Public Service Commission, Nebraska State Patrol Carrier Enforcement, or the Nebraska Department of Motor Vehicles Division of Motor Carrier Services are not included within the definition of school bus.
002.06A Type A School/Activity Bus is a conversion or body constructed upon a van-type compact truck or a front-section vehicle with a left side driver’s door and designed for carrying more than ten (10) persons. This definition includes Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less and Type A-2, with a GVWR of greater than 14,500 pounds and less than or equal to 21,500 pounds.
002.06B Type B School/Activity Bus is a conversion or body constructed and installed upon a van or front-section vehicle chassis, or stripped chassis. This definition includes Type B-1, with a GVWR of less than 10,000 pounds and Type B-2 with a GVWR of more than 10,000 pounds. This vehicle is designed for carrying more than ten (10) persons. Part of the engine is beneath and/or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels.
002.06C Type C School/Activity Bus is a body installed upon a flat back cowl chassis with a GVWR of more than 21,500 pounds, and designed for carrying more than ten (10) persons. All of the engine is in front of the windshield and the entrance door is behind the front wheels.
002.06D Type D School/Activity Bus is a body installed upon a chassis with the engine mounted in the front, midship, or rear, with a gross vehicle weight rating of more than 10,000 pounds, and designed for carrying more than ten (10) persons. The engine may be behind the windshield and beside the driver's seat, it may be at the rear of the bus, behind the rear wheels, or midship between the front and rear axles. The entrance door is ahead of the front wheels.
002.07 Small Vehicle means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying ten (10) or fewer passengers, excluding the driver, meeting or exceeding Nebraska Department of Education minimum standards for small vehicles which at any time would be used to carry students exclusively that is sponsored and approved by the local school governing board. If the seating capacity of the vehicle has been reduced to meet the definition of a small vehicle, the manufacturer, distributor, or dealer shall recertify the vehicle if required by 49 CFR 567.7. The capacity of the vehicle shall be posted inside the vehicle in a conspicuous location. The preceding definition is not intended to include private motor vehicles used exclusively to carry members of the owner's household.
002.07A Vehicles that have an original manufacturer’s vehicle type classification label under 49 CFR 567.4 of “bus” and that have an original manufacturer’s designated seating capacity of 15 persons maximum (e.g. 15-passenger vans) shall not qualify as a small vehicle.
002.08 Pupil Transportation Vehicle means any vehicle utilized to carry school children as sponsored and approved by the local school governing board and conforms to the Nebraska Department of Education definitions of pupil transportation vehicles listed in this Chapter.
003 Responsibility of the Schools .
003.01 Vehicle Purchase and Use. Schools shall use only school buses, activity buses and equipment which comply with the minimum equipment standards in effect on the date the vehicles were manufactured. Vehicles with manufacturer’s rated seating capacity of eleven or more passengers manufactured prior to April 1, 1977, shall not qualify as a pupil transportation vehicle and shall not be used for pupil transportation unless a “coach bus” used as provided in subsection 003.04.
003.01A Schools may purchase and use vehicles that have certain chassis or body equipment that comply with the standards applicable to the vehicle on the date of the vehicle’s manufacture, while having other certain chassis or body equipment that instead comply with the standards concerning such equipment in effect on a later, but only if the school files a written assurance statement with NDE that: (i) describes which chassis or body equipment on the vehicle complies with the standards in effect on the later date but not on the date of manufacture; and (ii) after inquiring of its board appointed mechanic or other individual it deems qualified, the school is satisfied that no safety hazards or dangerous conditions are created by having a combination of such equipment.
003.02 Activity Buses. Activity Buses, when used exclusively for an activity trip or trips, are exempt from the following requirements of this Chapter:
003.02A Subsection 005.10(color)
003.02B Subsection 005.32C (alternating flashing signal lamps)
003.02C Subsection 005.49 (stop signal arm)
003.03 Use of a School Bus for Purposes Other Than Transporting Students. If a school bus is used for purposes other than transporting students, it must be in compliance with Section 60-6,175(7) R.R.S.
003.04 Use of Coach Buses By Schools. Schools may charter or contract for the use of coach buses or other vehicles, as described in Section 79-602 R.R.S., if such vehicles have been inspected or are subject to inspection under the rules and regulations of the Public Service Commission, Carrier Enforcement Division of the State Patrol, or the Division of Motor Carrier Services pursuant to Sections 75-363 through 75-369.07 R.R.S. Schools may own and operate coach buses for use on student activity trips if: (1) such vehicles are exempt from the inspection under Section 79-602 R.R.S., or (2) if such vehicles are not exempt from inspection under Section 79-602 R.R.S., if the school board or governing authority has such a vehicle inspected before school opens in the Fall and each eighty (80) days during that part of the year when school is in session by a motor vehicle mechanic it has appointed. The mechanic shall thoroughly inspect every vehicle as to brakes, lights, windshield wipers, window glass, tires, doors, heaters, defrosting equipment, steering gear, and exhaust system for compliance with the criteria prescribed for these items in Appendix H and Section 010 of this Chapter. Within five (5) days after such inspection, the mechanic shall make a report of his or her inspection in writing on forms provided by the Department of Education to the local school board or governing authority, and the Board or governing authority shall cause any deficiencies to be corrected.
003.04A Federal motor vehicle safety laws and regulations (49 U.S.C. Secs. 30112 and 30125, 49 CFR Part 571), require that a person may not sell a “new”, (“first purchase”), vehicle designed to carry more than ten (10) passengers that is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school if the vehicle does not conform to the Federal Motor Vehicle Safety Standards for “school buses” in 49 CFR Part 571.
003.05 Compliance with Minimum Allowable Safety Criteria. As provided in Section 79-602 R.R.S., the school’s appointed mechanics shall inspect and assure that pupil transportation vehicles meet the minimum allowable safety criteria. Any item not meeting such criteria shall be brought into compliance prior to the vehicle being used to transport students.
004 Chassis and Body Delivery Requirements .
004.01 The body and chassis manufacturer shall provide the following materials and information for direct delivery to the customer:
004.01A Line set tickets for each individual unit.
004.01B A copy of the pre-delivery service performed and verified by a checkout form for each individual unit.
004.01C Warranty book and statement of warranty for each individual unit.
005 School Bus and Activity Bus Body and Chassis Minimum Equipment Standards .
005.01 Air Cleaner. A dry element type air cleaner shall be provided.
005.01A All diesel engine air filters shall include a latch-type restriction indicator that retains the maximum restriction developed during operation of the engine. The indicator should include a reset control so the indicator can be returned to zero when desired.
005.02 Aisle.
005.02A All emergency exit doors shall be accessible by a 12-inch minimum aisle. Minimum clearance of aisle or passageway between seat rows leading to side emergency doors shall be a minimum of 12 inches at seat level.
005.02B Aisle shall be unobstructed at all times by any type of barrier, seat, wheelchair or tie down, unless a flip seat is installed and occupied.
005.02C The track of a track seating system is exempt from the requirements of subsections 005.02A and 005.02B above.
005.03 Axles. The front and rear axle and suspension systems shall have a gross axle weight rating (GAWR) at ground commensurate with the respective front and rear weight loads of the bus loaded to the rated passenger capacity.
005.04 Back-up Warning Alarm. An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards -Society of Automotive Engineers (SAE J994B), providing a minimum of 112 dBA or shall have a variable volume feature that allows the alarm to vary from 87 dBA to 112 dBA sound level, staying at least 5 dBA above the ambient noise level.
005.05 Body Sizes.
005.05A The overall width of the school bus shall not exceed 102 inches, excluding accessories.
005.05B Bodies for conventional body-on-chassis type buses shall conform to all applicable provisions of the Federal Motor Vehicle Safety Standards (FMVSS).
005.05C The overall length of the school bus (body and chassis) shall not exceed 45 feet, excluding accessories.
005.05D The minimum inside body height shall be 72 inches measured at any point on longitudinal center line from front vertical bow to rear vertical bow. (Type A-1 buses shall be 62 inches or more.)
005.06 Brakes.
005.06A School bus chassis with a manufacturer's rated capacity of 72 passengers or greater shall be equipped with full compressed air brakes.
005.06B Brakes - General.
005.06B1 The chassis brake system shall conform to the provisions of FMVSS No. 105, Hydraulic and Electric Brake Systems, No. 106, Brake Hoses, and No.121, Air Brake Systems, as applicable. All buses shall have either a parking pawl in the transmission or a park brake interlock that requires the service brake to be applied to allow release of the parking brake.
005.06B2 The anti-lock brake system (ABS), provided in accordance with FMVSS No. 105, Hydraulic and Electric Brake Systems or No. 121 Air Brake Systems, shall provide wheel speed sensors for each front wheel and for each wheel on at least one (1) rear axle. The system shall rovide anti-lock braking performance for each wheel equipped with sensors. (Four Channel System).
005.06B3 All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis component(s).
005.06B4 The brake lines, booster-assist lines, and control cables shall be protected from excessive heat, vibration and corrosion and installed in a manner which prevents chafing.
005.06B5 The parking brake system for either air or hydraulic service brake systems may be of a power assisted design. The power parking brake actuator shall be a device located on the instrument panel within seated reach of the 5th percentile female driver. As an option, the parking brake may be set by placing the automatic transmission shift control mechanism in the “park” position.
005.06B6 The power-operated parking brake system may be interlocked to the engine key switch. Once the parking brake has been set the ignition switch turned to the “off” position, the parking brake cannot be released until the key switch is turned back to the “on” position.
005.06C Hydraulic Brakes.
005.06C1 Buses using a hydraulic-assist brake shall meet the requirements of FMVSS 105.
005.06D Air Brakes.
005.06D1 The air pressure supply system shall include a desiccant-type air dryer installed according to the manufacturers’ recommendations. The air pressure storage tank system may incorporate an automatic drain valve.
005.06D2 The chassis manufacturer shall provide an accessory outlet for air-operated systems installed by the body manufacturer. This outlet shall include a pressure protection valve.
005.06D3 For air brake systems, an air pressure gauge shall be provided in the instrument panel capable of complying with Commercial Driver’s License (CDL) pre-trip inspection requirements.
005.06D4 Air brake-equipped buses shall be equipped with a service brake interlock. The parking brake cannot be released until the brake pedal is depressed.
005.06D5 Air brake systems shall include a system for anti-compounding of the service brakes and parking brakes.
005.06D6 Air brakes shall have both a visible and audible warning device whenever the air pressure falls below the level where warnings are required under FMVSS No. 121, Air Brake Systems.
005.07 Bumpers, Front.
005.07A All school buses shall be equipped with a front bumper.
005.07B In all buses except Type A-1 buses, the front bumper shall be equivalent in strength and durability to pressed steel channel, at least 3/16 inch thickness and not less than 8 inch wide (high). It shall extend beyond forward-most part of the body, grille, hood, and fenders and shall extend to outer edges of the fenders at the bumper's top line.
Type A-1 buses having a GVWR of 14,500 pounds or less may be equipped with an Original Equipment Manufacturer (OEM) supplied bumper. The front bumper shall be of sufficient strength to permit being pushed by another vehicle on a smooth surface with a 5 degree (8.7 percent) grade, without permanent distortion. The contact point on the front bumper is between the frame rails, with as wide a contact area as possible. If the front bumper is used for lifting, the contact points shall be under the bumper attachments to the frame rail brackets unless the manufacturer specifies different lifting points in the owner’s manual. Contact and lifting pressures should be applied simultaneously at both lifting points.
005.07C The front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight without permanent distortion to the bumper, chassis or body.
005.07D Tow eyes or hooks shall be furnished and attached so they do not project beyond the front bumper. Tow eyes or hooks attached to the chassis frame shall be furnished by the chassis manufacturer. This installation shall be in accordance with the chassis manufacturer’s specifications. (Type A buses are exempt.) (See Section 005.54).
005.07E The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow eyes shall share the load equally.
005.08 Bumpers, Rear.
005.08A Type A-1 bus bumpers shall be a minimum of 8 inches wide (high). Type A-2, B, C, and D bus rear bumper shall be a minimum of 9½ inches wide. The bumper shall be of sufficient strength to permit being pushed by another vehicle without permanent distortion.
005.08B The bumper shall be wrapped around back corners of bus. It shall extend forward at least 12 inches, measured from rearmost point of body at floor line and shall be flush-mounted to the body sides or protected with an end panel.
005.08C The bumper shall be attached to chassis frame in such a manner that it may be removed. It shall be braced to resist deformation of the bumper resulting from impact from the rear and side.
005.08D The bumper shall extend at least 1 inch beyond rear-most part of body surface measured at the floor line.
005.08E The bottom of the rear bumper shall not be more than 30 inches above ground level.
005.09 Certification.
005.09A Upon request by the Nebraska Department of Education, chassis manufacturers will certify that their products meets Nebraska’s minimum standards on items which are not covered by FMVSS certification requirements of 49 CFR, Part 567: Certification.
005.09B Vendors of school buses shall certify, in writing, to the school bus purchaser that their product meets or exceeds all applicable Federal and State of Nebraska rules and regulations in effect at the corresponding date of manufacture; or in the alternative, the vendor shall provide to the purchaser a description of what equipment complies instead with minimum chassis and/or body standards in effect on a later date in accordance with Section 003.01A of this Chapter.
005.10 Color. (Activity buses are exempt.)
005.10A The school bus body shall be painted National School Bus Yellow as specified and described in the School Bus Manufacturer’s Technical Council publication “National School Bus Yellow Color Standard” (NSBY) (SBMTC-008) (See Appendix A).
005.10B The body exterior paint trim shall be black or NSBY.
005.10C The roof of the bus may be painted white except that front and rear roof caps shall remain NSBY.
005.10D Chassis and front bumper shall be painted black.
005.10E Body, cowl hood and fenders shall be painted NSBY. The flat top surface of the hood may be nonreflective black or NSBY.
005.10F Wheels may be silver, gray, white, yellow or black.
005.10G Retro Reflective Sheeting (See Appendix F)
005.10G1 Front and rear bumper shall be marked diagonally 45 degrees down to centerline of pavement with 2 inch wide strips of non-contrasting reflective material.
005.10G2 Rear of bus body shall be marked with strips of reflective National School Bus Yellow material to outline the perimeter of the back of the bus using material which conforms with the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices Table 1 in effect on date of manufacture. The perimeter marking of rear emergency exits per FMVSS No. 217 Bus Emergency Exits and Window Retention and Release and/or the use of reflective "SCHOOL BUS" signs partially accomplish the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of a minimum of 1 inch and a maximum of 2 inches in width of reflective National School Bus Yellow material shall be applied horizontally above the rear windows and above the rear bumper extending from the rear emergency exit perimeter marking outward to the left and right rear corners of the bus; and vertical strips shall be applied at the corners connecting these horizontal strips.
005.10G3 "SCHOOL BUS" signs, if not of lighted design, shall be marked with reflective National School Bus Yellow material comprising background for lettering of the front and/or rear "SCHOOL BUS" signs.
005.10G4 Sides of bus body shall be marked with reflective National School Bus Yellow Material at least 1 3/4 inches in width, extending the length of the bus body and located (vertically) between the floor line and the beltline.
005.10H Multifunction school activity buses (MFSABs) are exempt from the requirements in subsection 005.10G above.
005.11 Communications. School bus shall be equipped with a two-way communication system which can be used at any point on the vehicle's route. The system can be aftermarket provided.
005.12 Construction.
005.12A Construction shall provide a reasonably dustproof and watertight unit.
005.12A1 Buses shall meet FVMSS 220, Rollover Protection and FMVSS 221, Body Joint Strength.
005.12A2 For buses manufactured on or after the implementation date of this Rule:
005.12A2a Buses shall pass the “Side Intrusion Test.” The bus body shall be constructed to withstand an intrusion force equal to the curb weight of the vehicle or 20,000 pounds, whichever is less. Each vehicle shall be capable of meeting this requirement when tested in accordance with the procedures set forth below.
The complete body structure, or a representative seven-body section mock up with seats installed, shall be load-tested at a location 24-inches plus or minus two inches above the floor line, with a maximum 10-inch diameter cylinder, 48 inches long, mounted in a horizontal plane.
The cylinder shall be placed as close as practical to the mid-point of the tested structure, spanning two internal vertical structural members. The cylinder shall be statically loaded to the required force of curb weight or 20,000 pounds, whichever is less, in a horizontal plane with the load applied from the exterior toward the interior of the test structure. Once the minimum load has been applied, the penetration of the loading cylinder into the passenger compartment shall not exceed a maximum of ten inches from its original point of contract. There can be no separation of lapped panels or construction joints. Punctures, tears or brakes in the external panels are acceptable but are not permitted on any adjacent interior panel.
Body companies shall certify compliance with this intrusion requirement, including test results, if requested by the Nebraska Department of Education.
005.12B If floor insulation is requested by the local school district or governing authority, it shall be either 5 ply softwood plywood nominal 5/8 inch thick plywood, or a material of equal or greater strength and insulation R-value and it shall equal or exceed properties of exterior-type, C-D Grade, as specified in standard PSI-83 issued by U.S. Department of Commerce. All exposed edges shall be sealed. Type A buses shall be equipped with nominal ½ inch thick plywood meeting above requirements. Equivalent material may be used to replace plywood, provided it has equal or greater insulation R-value, sound abatement, deterioration-resistant and moisture-resistant properties.
005.12C Construction shall be reasonably dust-proof and watertight.
005.13 Defrosters. (Also see Section 005.26 Heating System)
005.13A All school buses shall be equipped with defrosters with sufficient flow of heated air to keep windshield, window to left of driver and glass in entrance door clear of fog, frost and snow. The defrosting system shall conform to SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements—Trucks, Buses, and Multipurpose Vehicles.
Note: The requirements of this standard do not apply to the exterior surfaces of double pane storm windows.
005.13B The defroster and defogging system shall be capable of furnishing heated, outside ambient air except that part of the system furnishing additional air to the windshield, entrance door and step well may be of the recirculating air type.
005.13C Auxiliary fans are not considered defrosting or defogging systems.
005.13D Portable heaters shall not be used.
005.14 Doors.
005.14A Entrance Door.
005.14A1 Entrance door shall be in the driver’s control, designed as to afford easy release and provide a positive latching device on manual operating door to prevent accidental opening. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation, as tested on a 10 percent grade both uphill and downhill.
005.14A2 Entrance door shall be located on right side of bus opposite driver within direct view of driver.
005.14A2a Buses may be equipped with a left side entrance door located immediately behind the driver to be used exclusively for curb side loading/unloading on one-way streets.
005.14A2b Buses equipped with a left side entrance door shall have a mirror mounted in the upper right corner of the interior of the bus to provide a clear view of the left side entrance door and stepwell.
005.14A3 Entrance door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches.
005.14A4 Entrance door shall be of split type and shall open outward.
005.14A5 All entrance door glass shall be made of safety glass. Bottom of lower glass panel shall not be more than 10 inches from the top surface of the bottom step. Top of upper glass panel when viewed from the interior shall not be more than 3 inches below the interior door control cover or header pad.
005.14A6 Vertical closing edges shall be equipped with flexible material.
005.14A7 Power operated doors must be equipped with an emergency release valve, switch or device placed above or to the immediate left or right of the service door and clearly labeled. The emergency release valve, switch or device shall work in the absence of power.
005.14A8 Padding at the top of edge of each door opening shall be 3 inches wide and 1 inch thick and extend full width of the door opening.
005.14B Emergency Exits.
005.14B1 All installed emergency exits shall comply with the design and performance requirements of FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, applicable to that type of exit, regardless of whether or not that exit is required by FMVSS No. 217.
005.14B1a The upper portion of the emergency door shall be equipped with safety glazing, the exposed area of which shall be at least 400 square inches. If installed, all other glass panels on emergency doors shall be equipped with safety glazing.
005.14B1b There shall be no steps leading to an emergency door.
005.14B1c There shall be no obstruction higher than ¼ inch across the bottom of any emergency door opening. Fasteners used within the emergency exit opening shall be free of sharp edges or burrs.
005.14B1d The rear emergency window shall have an assisted lifting device that will aid in lifting and holding the rear emergency window open.
005.14B2 Emergency Exit Requirements: The following tables determine the required number and types of emergency exits to comply with this specification:
005.14B2a A school bus will meet the requirements of this specification and the requirements of FMVSS 217 if it contains the types and quantities of emergency exits listed on the row selected.
005.14B3 Side emergency exit windows when installed may be vertically hinged on the forward side of the window. No side emergency exit window will be located above the stop arm.
005.15 Drive Shaft.
005.15A The drive shaft shall be protected by a metal guard or guards of steel r equivalent strength around circumference of the drive shaft to prevent it from whipping through floor or dropping to ground if broken.
005.16 Electrical System.
005.16A Battery.
005.16A1 The storage batteries shall have minimum cold cranking capacity rating (cold cranking amps) equal to the cranking current required for 30 seconds at 0 degrees Fahrenheit and a minimum reserve capacity rating of 120 minutes at 25 amps.
005.16A2 All batteries are to be secured in a slide-out or swingout tray in a closed, vented compartment in the body skirt or chassis frame so that the battery is accessible for convenient servicing from the outside. When in the stored position, the tray shall be retained by a securing mechanism capable of holding the tray [with battery(ies)] in position when subjected to a 5g load from any direction. The battery compartment door or cover, if separate from the tray, shall be hinged at the front or top. It shall be secured by a positive operated latching system or other type fastener. The door may be an integral part of the battery slide tray. The door or cover must fit tightly to the body, and not present sharp edges or snagging points. Battery cables shall meet SAE requirements. Battery cables shall be of sufficient length to allow the battery tray to fully extend. Any chassis frame-mounted batteries shall be relocated to a battery compartment on Type A buses.
005.16A3 All batteries are to be secured in a sliding tray except that on van conversion or cutaway front-section chassis, batteries may be secured in accordance with the manufacturer’s standard configuration. In these cases, the final location of the battery and the appropriate cable lengths shall be agreed upon mutually by the chassis and body manufacturers. However, in all cases the battery cable provided with the chassis shall have sufficient length to allow some slack, and shall be of sufficient gauge to carry the required amperage.
005.16A4 Buses may be equipped with a battery shut-off switch. The switch is to be placed in a location not readily accessible to the driver or passengers.
005.16B Alternator.
005.16B1 All Type A and Type B buses with a GVWR of 15,000 lbs or less shall have a minimum 130-amp alternator. Buses equipped with an electrically powered wheelchair lift and/or air conditioning shall be equipped with the highest rated capacity available from the chassis OEM.
005.16B2 All buses over 15,000 lbs shall be equipped with a heavy-duty truck or bus-type alternator having a minimum output rating of 200-amp or higher, and should produce a minimum current output of 50 percent of the rating at engine idle speed.
005.16B3 All other buses than those described in subsection 005.16B1 equipped with an electrically powered wheelchair lift and/or air conditioning shall have a minimum output of 240 amps and may be equipped with a device that advances the engine idle speed when the voltage drops to, or below, a pre-set level.
005.16B4 A belt alternator drive shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components. (See School Bus Manufacturer Technical Council’s “School Bus Technical Reference” for estimating required alternator capacity.)
005.16B5 A direct drive alternator is permissible in lieu of a belt driven alternator.
005.16C Electrical Components. Materials in all electrical components shall contain no mercury.
005.16D Wiring. Chassis.
005.16D1 All wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers (SAE).
005.16D2 All wiring shall use color and at least one other method of identification. The other method shall be either a number code or name code, and each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.
005.16D3 The chassis manufacturer shall install a readily accessible terminal strip or plug on the body side of the cowl or in an accessible location in the engine compartment of vehicles designed without a cowl. The strip or plug shall contain the following terminals for the body connections:
005.16D3a Main 100 amp body circuit;
005.16D3b Tail lamps;
005.16D3c Right turn signal;
005.16D3d Left turn signal;
005.16D3e Stop lamps;
005.16D3f Back-up lamps; and
005.16D3g Instrument panel lights (controlled by dimmer switch).
005.16D4 An appropriate identifying diagram (color plus a name or number code) for all chassis electrical circuits shall be provided to the body manufacturer for distribution to the end user.
005.16D5 The headlight system must be wired separately from the electronic controlled body solenoid/module.
005.16E Wiring, Body.
005.16E1 Wiring shall be arranged in circuits as required with each circuit protected by a fuse or electronic protection device. A system of color and number coding shall be used and an appropriate identifying diagram shall be provided to the end user along with the wiring diagram provided by the chassis manufacturer. The wiring diagrams shall be specific to the bus model supplied and include any changes to wiring made by the body manufacturer. Chassis wiring diagrams shall also be supplied to the end user. A system of color and number coding shall be used on buses. The following body interconnecting circuits shall be color coded as noted:
| FUNCTION | COLOR | | --- | --- | | Left Rear Directional Lamp | Yellow | | Right Rear Directional Lamp | Dark Green | | Stop Lamps | Red | | Back-up Lamps | Blue | | Tail Lamps | Brown | | Ground | White | | Ignition Feed, Primary Feed | Black |
The color of the cables shall correspond to SAE J 1128, Low-Tension Primary Cable .
005.16E2 Wiring shall be arranged in at least six (6) regular circuits as follows:
005.16E2a Head, tail, stop (brake), clearance and instrument panel lamps.
005.16E2b Step well lamps shall be actuated when entrance door is open.
005.16E2c Dome lamps.
005.16E2d Ignition and emergency door signal.
005.16E2e Turn signal lamps.
005.16E2f Alternately flashing signal lamps.
005.16E3 Any of above combination circuits may be subdivided into additional independent circuits.
005.16E4 Heaters and defrosters shall be wired on an independent circuit.
005.16E5 Each body circuit shall be coded by number or letter on a diagram of circuits and shall be attached to the body in readily accessible location. Buses may be equipped with a 12-volt power port in the driver’s area.
005.16E6 All other electrical functions (such as sanders and electric-type windshield wipers) shall be provided with independent and properly protected circuits.
005.16F Wires not enclosed within body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equal effective connectors which shall be water-resistant and corrosion-resistant.
005.16G All wiring shall have an amperage capacity exceeding the design load by at least 25 percent. All wiring splices are to be noted as splices on the wiring diagram.
005.16H A body wiring diagram sized to be easily read, shall be furnished with each bus body or affixed in an area convenient to the electrical accessory control panel.
005.16I The body power wire shall be attached to a separate terminal on the chassis.
005.16J All wires passing through metal openings shall be protected by a grommet.
005.16K All wiring shall conform to current applicable SAE recommended practices.
005.16L A manual noise suppression switch must be installed in the control panel. The switch shall be labeled and alternately colored. This switch shall be an on/off type that deactivates body equipment that produces noise, including at least the AM/FM radio, heaters, air conditioners, fans and defrosters. This switch shall not deactivate safety systems, such as windshield wipers or lighting systems.
005.16M The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted. The reference to a common body/chassis voltage does not apply to buses utilizing a high voltage propulsion system (more than 48 nominal volts), commonly referred to as “High Voltage-Powered Vehicles.”
005.17 Emergency Equipment. All buses shall be equipped with emergency equipment as listed in this section. Any of the following emergency equipment may be mounted in an enclosed compartment, provided the compartment is labeled in not less than one-inch letters, identifying each piece of equipment contained therein.
005.17A Fire Extinguisher. The bus shall be equipped with at least one (1) Underwriter’s Laboratory Inc. (UL) approved pressurized, dry chemical-type fire extinguisher, with hose, mounted and secured in a bracket located in the driver's compartment readily accessible to the driver and passengers. A pressure gauge shall be mounted on the extinguisher shall be easily read without moving the extinguisher from its mounted position.
005.17A1 The fire extinguisher shall have a total rating of 2-A:10-BC or greater. The operating mechanism shall be sealed with a type of seal that will not interfere with use of the fire extinguisher.
005.17B First Aid Kit. The bus shall have at least one removable, moisture proof and dustproof first aid kit in an accessible place in the driver’s compartment. It shall be properly mounted and clearly identified as a first aid kit. The location for the first aid kit shall be marked. Contents of the first aid kit are listed in Appendix B of this Chapter.
005.17B1 All school bus bodies with a manufacturer's rated seating capacity of thirty (30) or less shall be equipped with one (1) first aid kit.
005.17B2 All school bus bodies with a manufacturer's rated seating capacity greater than thirty (30) shall be equipped with two (2) first aid kits.
005.17B3 When two (2) first aid kits are carried on the bus, one (1) kit shall be mounted over the rear exit door and the other in the driver’s compartment.
005.17C Body Fluid Clean-up Kit. Each bus shall have a removable and moisture proof body fluid clean-up kit. It shall be securely mounted and identified as a body fluid clean-up kit. (Required contents of kit are listed in Appendix C of this Chapter.)
005.17D Warning Devices. The school bus shall carry three (3) retroreflective triangle road warning devices that meet the requirements of FMVSS No. 125, Warning Devices. They shall be mounted in an accessible place.
005.18 Exhaust System.
00518A Exhaust pipe, after treatment system, and tailpipe shall be outside the bus body compartment and attached to chassis, so as not to damage any other chassis component.
005.18B Tailpipe and after treatment system shall be constructed of corrosion resistant tubing of 16-gauge steel or equivalent.
005.18C The tailpipe shall not extend more than two inches beyond the perimeter of the body for side-exit pipe or the bumper for rear-exit pipe. The exhaust system shall be designed such that exhaust gas will not be trapped under the body of the bus.
005.18D The tailpipe shall exit to the left or right of the emergency exit door in the rear of the vehicle or to the left side of the bus in front of or behind the rear drive axle or the tailpipe may extend through the bumper. The tailpipe exit location on all Types A-1 or B-1 buses may be in accordance to the manufacturer’s standards. The tailpipe shall not exit beneath any fuel filler location, emergency door or lift door.
005.18E The exhaust system shall be insulated in a manner to prevent any damage to any fuel system component.
005.18F The design of the after treatment systems shall not allow active (non-manual) regeneration of the particulate filter during the loading and unloading of passengers. Manual regeneration systems will be designed such that unintentional operation will not occur.
005.18G For after treatment systems that require Diesel Exhaust Fluid (DEF) to meet federally mandated emissions:
005.18G1 The composition of Diesel Exhaust Fluid (DEF) must comply with International Standard ISO 22241-1. Refer to engine manufacturer for any additional DEF requirements.
005.18G2 The DEF supply tank shall be sized to meet a minimum ratio of 3 diesel fills to 1 DEF fill.
005.19 Fenders, Front - Type C Vehicles.
005.19A When measured at the fender line, total spread of outer edges of front fenders shall exceed the total spread of front tires when front wheels are in a straight ahead position.
005.19B Front fenders shall be braced and free from any body attachment.
005.20 Floor, Covering.
005.20A Floor in the under seat area, including tops of wheel housings, driver's compartment, and toe board, shall be covered with an elastomer floor covering, having a minimum overall thickness of .125 inch and a calculated burn rate of 0.1 or less, using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials. The floor under the driver’s seat in all Type A buses may be manufacturer’s standard flooring and floor covering.
005.20B Floor covering in aisle shall be ribbed or other pattern of elastomer and have a calculated burn rate of 0.1 or less using the test methods, procedures, and formulas listed in FMVSS No. 302, Flammability of Interior Materials. Minimum overall thickness shall be 3/16th in. measured from tops of ribs.
005.20C Floor covering must be permanently bonded to floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be of type recommended by manufacturer of floor-covering material. All seams must be sealed with waterproof sealer.
005.20D A flush-mounted, screw-down plate that is secured and sealed shall be provided to access the fuel tank sending unit and or fuel pump. (This plate shall not be installed under flooring material. (Type A Buses are exempt.)
005.21 Frame.
005.21A Frame lengths shall be established in accordance with the design criteria for the complete vehicle.
005.21B Any secondary manufacturer that modifies the original chassis frame shall provide a warranty at least equal to the warranty offered by the original equipment manufacturer (OEM), and shall certify that the modification and other parts or equipment affected by the modification shall be free from defects in material and workmanship under normal use and service intended by the OEM.
005.21C Holes in top or bottom flanges or, side units of the frame, and welding to the frame shall not be permitted except as provided or accepted by the chassis manufacturer.
005.21D Frames shall not be modified for the purpose of extending the wheelbase.
005.22 Fuel Tank.
005.22A Fuel tank or tanks shall be provided by the chassis manufacturer. The tanks shall be filled and vented to the outside of the body and the fuel filter should be placed in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.
005.22B Fuel lines shall be mounted to the chassis frame in such a manner that the frame provides the maximum possible protection from damage.
005.22C The fuel system shall comply with FMVSS No. 301, Fuel System Integrity.
005.22D Fuel tank(s) may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle. The actual draw capacity of each fuel tank shall be a minimum of 83% of the tank capacity.
005.22E Installation of alternative fuel systems, including fuel tanks and piping from tank to engine, shall comply with all applicable fire codes in effect on the date of manufacture of the bus. 005.22E1 Installation of Liquefied Petroleum Gas (LPG) tanks shall comply with National Fire Protection Association (NFPA) 58.
005.22E2 Installation of Compressed Natural Gas (CNG) containers shall comply with FMVSS No. 304, Compressed Natural Gas Fuel Container Integrity.
005.22E3 The CNG Fuel System shall comply with FMVSS No. 303, Fuel System Integrity of Compressed Natural Gas Vehicles.
005.23 Fuel Alternative. School transportation vehicles may use alternative fuel systems. The fuel system integrity shall meet the specified leakage performance standards when impacted by a moving contoured barrier in accordance with test conditions specified in FMVSS No. 301 or FMVSS No. 303, as applicable.
005.23A Chassis shall meet all specifications in Section 005 of this Chapter.
005.23B Chassis shall meet all applicable Federal Motor Vehicle Safety Standards (FMVSS).
005.23C The fuel system integrity shall meet the specified leakage performance standards when impacted by a moving contoured barrier in accordance with test conditions specified in FMVSS No. 301, Fuel System Integrity, or FMVSS No. 303, Fuel System Integrity of Compressed Natural Gas Vehicles, as applicable.
005.23D Original equipment manufacturers (OEMs) and conversion systems using compressed natural gas (CNG) shall comply with National Fire Protection Association (NFPA) Specification 52 2013, Compressed Natural Gas Vehicular Fuel Systems. Fuel systems using liquefied petroleum gas (LPG) shall comply with NFPA Specification 58 2014, Liquefied Petroleum Gases Engine Fuel Systems.
005.23E Fuel tank(s) for vehicles of less than 54 passenger capacity powered by LPG or CNG shall have a minimum 40-gallon capacity. Fuel tank(s) for vehicles of 54 or more passenger capacity powered by LPG or CNG shall have a minimum 60-gallon capacity.
005.23F Natural gas-powered buses may be equipped with an interior/exterior gas detection system. All natural gas-powered buses may be equipped with an automatic or manual fire detection and suppression system.
005.23G All materials and assemblies used to transfer or store alternative fuels shall be installed outside the passenger/driver compartment.
005.23H All Types C and D buses using alternative fuels shall meet the same base requirements of BUS CHASSIS SPECIFICATIONS for passenger load.
005.23I The total weight shall not exceed the vehicle’s GVWR when loaded to rated capacity.
005.23J The manufacturer supplying the alternative fuel equipment must provide the owner and operator with adequate training and certification in fueling procedures, scheduled maintenance, troubleshooting and repair of alternative fuel equipment.
005.23K All fueling equipment shall be designed specifically for fueling motor vehicles and shall be certified by the manufacturer as meeting all applicable federal, state and industry standards.
005.23L All on-board fuel supply containers shall meet all appropriate requirements of the American Society for Mechanical Engineering (ASME) code, United States Department of Transportation (USDOT) regulations or applicable FMVSSs and NFPA standards.
005.23M All fuel supply containers shall be securely mounted to withstand a static force of eight times their weight in any direction.
005.23N All safety devices that discharge to the atmosphere shall be vented to the outside of the vehicle. The discharge line from the safety relief valve on all school buses shall be located in a manner appropriate to the characteristics of the alternative fuel. Discharge lines shall not pass through the passenger compartment.
005.23O CNG buses shall have a positive, quick-acting (¼ turn) shut-off control valve which shall be installed in each gaseous fuel supply line, as close as possible to the fuel supply containers. The valve controls shall be placed in a location easily operable from the exterior of the vehicle. The location of the valve controls shall be clearly marked on the exterior surface of the bus.
005.23P An electrical grounding system shall be required for grounding of the fuel system during maintenance-related venting.
005.23Q Fuel systems identified as compatible with biodiesel must be provided with components compatible with biodiesel conforming to the specifications of ASTM 6751, Biodiesel Standard.
005.23R High Voltage-Powered Vehicles: Buses utilizing a high voltage propulsion system (more than 48 nominal volts) shall meet the requirements of FMVSS 305, Electric Powered Vehicles: Electrolyte Spillage and Electrical Shock Protection, except for the following:
005.23R1 The propulsion power source (batteries, fuel cells, etc.) shall be located outside the passenger compartment.
005.23R2 The propulsion power source enclosure shall be constructed to conform to the power source manufacturer’s requirements and recommendations.
005.23R3 Due to the much larger size and quantities of the propulsion power sources on larger vehicles, buses over 10,000 lbs are permitted to exceed the 5.0 liter spillage constraint of Section S5.1, Electrolyte damage from propulsion batteries and the requirements to statically rotate the vehicle on its longitudinal axis post test.
005.24 Governor. The engine and road speed governors may be installed to limit engine speed to a maximum revolutions per minute as recommended by the engine manufacturer.
005.25 Handrails. At least one handrail shall be installed. The handrail shall be a minimum of 1” diameter and be constructed from corrosion resistant material(s). The handrail(s) shall assist passengers during entry or exit and shall be designed to prevent entanglement, as evidenced by the passing of the NHTSA string and nut test.
005.26 Heating System & Air Conditioning System. The engine shall be capable of supplying coolant at a temperature of at least 170 degrees Fahrenheit at the engine coolant thermostat opening. The coolant flow rate shall be 50 pounds per minute at the return end of 30 feet of one inch inside diameter automotive hot water heater hose. (See SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment.)
005.26A Heating and Air Conditioning Systems
005.26A1 Heaters shall be hot water combustion type, electric heating element or heat pump.
005.26A2 If only one heater is used, it shall be the fresh air type or the combination fresh air and recirculating air type.
005.26A3 If more than one hot water heater is used, additional heaters may be of recirculating air type.
005.26A4 The heating system shall be capable of maintaining bus interior temperatures as specified in Society of Automotive Engineers (SAE) test procedure J2233.
005.26A5 Optional: Auxiliary fuel-fired heating systems are permitted, provided they comply with the following:
005.26A5a The auxiliary heating system fuel shall utilize the same type fuel as specified for the vehicle engine.
005.26A5b Heater(s) may be direct hot air or connected to the engine's coolant system.
005.26A5c An auxiliary heating system, when connected to the engine's coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the bus's heating system.
005.26A5d Auxiliary heating systems shall be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in such a manner that will endanger bus passengers.
005.26A5e The auxiliary heating system shall be low voltage.
005.26A5f Auxiliary heating systems shall comply with FMVSS No. 301, Fuel system integrity and all other applicable FMVSS in effect on date of manufacture, as well as SAE test procedures.
005.26A5g All combustion heaters shall be in compliance with current Federal Motor Carrier Safety Regulations.
005.26A6 All forced-air heaters installed by body manufacturers shall bear a nameplate that indicates the heater rating in accordance School Bus Manufacturer’s Technical Council SBMTC-001. The plate shall be affixed by heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.
005.26A7 Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or sharp edges and shall not interfere with or restrict the operation of any engine function, such as the spark advance of an automatic distributor. Heater hose shall conform to the standards of the Society of Automotive Engineers (SAE) Standard J20c Coolant System Hoses. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.
005.26A8 Each hot water system installed by a body manufacturer shall include one shut-off valve in the pressure line and one shut-off valve in the return line with both valves at the engine in an accessible location, except that on all Type A and B buses the valves may be installed in another accessible location.
005.26A9 There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated.
005.26A10 Accessible bleeder valves shall be installed in an appropriate place in the return lines of body company-installed heaters to remove air from the heater lines.
005.26A11 Access panels shall be provided to make heater motors, cores, and fans readily accessible for service. Outside access panel may be provided for the driver's heater.
005.26B Passenger Compartment Air Conditioning (Optional). The following specifications are applicable to all types of school buses that may be equipped with air conditioning.
005.26B1 Requirements
005.26B1a Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of the bus;
005.26B1b Evaporators and ducting systems shall be designed and installed to be free of projections or sharp edges. Ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges;
005.26B1c On school buses equipped with Type-2 seatbelts having anchorages above the windows, the ducting (if used) shall be placed at a height sufficient to not obstruct occupant securement anchorages. This clearance shall be provided along the entire length (except at evaporator locations) of the passenger area on both sides of the bus interior;
005.26B1d The body may be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood or composite floor insulation to reduce thermal transfer;
005.26B1e All glass (windshield, service and emergency doors, side and rear windows) may be equipped with maximum integral tinting allowed by federal, state or ANSI standards for the respective locations, except that windows rear of the driver’s compartment, if tinted, shall have approximately 28 percent light transmission;
005.26B1f Electrical generating capacity shall be provided to accommodate the additional electrical demands imposed by the air conditioning system;
005.26B1g Air intake for any evaporator assembly(ies), except for front evaporator of Type A-1, shall be equipped with replaceable air filter(s) accessible without disassembly of evaporator case.
005.26B1h For all buses (except Type D rear engine transit) equipped with a rear evaporator assembly, evaporator shall not encroach upon head impact zone, but may occupy an area of less than 26.5 inches from the rear wall and 14 inches from the ceiling.
005.26B1i For Type D rear engine transit buses equipped with a rear evaporator over the davenport, the evaporator assembly may not interfere with rear exit window and may not extend above the rear seating row.
005.27 Horn. The bus shall be equipped with a horn(s) of standard make. Each horn shall be capable of producing complex sounds in bands of audio frequencies between approximately 250 and 2,000 cycles per second and tested in accordance with Society of Automotive Engineers (SAE) J-377.
005.28 Identification.
005.28A Body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Lettering shall conform to "Series B" of Standard Alphabets for Highway Signs of the Federal Highway Administration (See 23 CFR 655.601). "SCHOOL BUS" lettering shall have a reflective background or may be illuminated by backlighting. Activity buses may instead bear lettering identifying the school, school district, school mascot and/or school logos at these locations.
005.28B Required lettering and numbering is:
005.28B1 District, school, company name or owner of the bus displayed at the beltline.
005.28B2 If the bus has a district or other identification number, it shall be displayed on the sides, on the rear, and on the front.
005.28C Other lettering, numbering or symbols which may be displayed on the exterior of the bus shall be limited to:
005.28C1 Bus identification number on the top of the bus (minimum 12-inch high characters), in addition to required numbering on the sides, rear and front.
005.28C2 The location of the battery(ies) identified by the word “BATTERY” or “BATTERIES” on the battery compartment door in two-inch lettering;
005.28C3 Symbols or letters not to exceed 64 square inches of total display within 36 inches of the service door, displaying information for identification by the pupils of the bus or route served.
005.28C4 Manufacturer, dealer or school identification or mascots/logos;
005.28C5 Symbols identifying the bus as equipped for or transporting pupils with special needs;
005.28C6 Lettering on the rear of the bus relating to school bus flashing signal lamps or electronic warning signs and railroad stop procedures
005.28C7 Identification of fuel type in one-inch lettering adjacent to the fuel filler opening.
005.29 Instruments and Instrument Panel.
005.29A Chassis shall be equipped with the instruments and gauges listed below (lights in lieu of gauges are not acceptable):
005.29A1 Speedometer.
005.29A2 Odometer which will give accrued mileage, (to seven digits) including tenths of miles.
005.29A3 Voltmeter: An ammeter with graduated charge and discharge indications, is permitted in lieu of voltmeter; however, when used, the ammeter wiring must be compatible with the current flow of the system. (Exempt from Type A Bus.)
005.29A4 Oil-pressure gauge.
005.29A5 Water-temperature indicator.
005.29A6 Fuel gauge.
005.29A7 High-beam headlamp indicator.
005.29A8 Brake Air Pressure Gauge (air brakes): Brake indicator lamp (vacuum/hydraulic brakes) or brake indicator lamp (hydraulic/hydraulic).
005.29A9 Turn signal Indicator.
005.29A10 Tachometer. For Types B, C and D buses, a tachometer shall be installed to be visible to the driver while seated in a normal driving position. (Exempt from Type A Buses.)
005.29A11 Glow-plug indicator light where appropriate.
005.29B All instruments shall be easily accessible for maintenance and repair.
005.29C The instruments and gauges shall be mounted on instrument panel in such manner that each is clearly visible to driver in normal driving position.
005.29D Instruments and controls must be illuminated as required by FMVSS No. 101, Controls and Displays.
005.29E Multi-Function Gauge (MFG).
005.29E1 The driver must be able to manually select any displayable function of the gauge on a MFG whenever desired.
005.29E2 Whenever an out-of-limits condition that would be displayed on one or more functions of a MFG occurs, the MFG controller shall automatically display this condition on the instrument cluster. This shall be in the form of an illuminated telltale warning lamp as well as having the MFG automatically display the out-of-limits indications. If two or more functions displayed on the MFG go out of limits simultaneously, then the MFG shall sequence automatically between those functions continuously until the condition(s) are corrected.
005.29E3 The use of a MFG does not relieve the need for audible warning devices, where required.
005.30 Insulation.
005.30A The school bus body shall be fully insulated in the roof and all body panels to deaden sound, reduce vibrations, and reduce the transfer of heat.
005.30B The school bus body side walls and ceilings shall be insulated with a fire resistant material of a type approved by Underwriters Laboratories Inc., and which has a thermal insulation R value of 5.5 at least equivalent to 1½ inch thickness of fiber glass in addition to the usual sprayed-on material. All insulation shall be firmly installed so that it will retain its original position.
005.30C For floor insulation, see subsection 005.12B of this Chapter.
005.31 Interior.
005.31A Interior of school bus body shall have steel or equivalent strength material, inner linings on ceilings and walls and be free of all unnecessary projections, which includes luggage racks and attendant hand rails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If ceiling is constructed to contain lapped joints, forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges.
005.31B The driver's area forward of the foremost padded barriers will permit the mounting of required emergency equipment and vehicle operation equipment.
005.31C Every school bus shall be constructed so that the noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in Appendix E of this Chapter.
005.31D Interior overhead storage compartments may be provided if they meet the following criteria:
005.31D1 Head protection requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, where applicable.
005.31D2 Be completely enclosed and equipped with latching door (both door and latch sufficient to withstand a pushing force of 50 pounds applied at the inside center of the door.
005.31D3 All corners and edges are rounded with a minimum radius of one inch or be padded equivalent to door header padding.
005.31D4 Compartments are attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment and do not have protrusions greater than ¼ inch.
005.32 Lamps and Signals.
005.32A Interior lamps shall be provided which adequately illuminate aisle and stepwell. Stepwell light shall be illuminated by a service door operated switch, to illuminate only when headlights and clearance lights are on and service door is open.
005.32B Body instrument panel lights shall be controlled by an independent rheostat switch or may be controlled by the rheostat that operates the gauge lighting.
005.32C School Bus Alternately Flashing Signal Lamps. (Activity buses are exempt.)
005.32C1 Bus shall be equipped with two (2) red lamps at the rear of vehicle and two (2) red lamps at the front of the vehicle.
005.32C2 In addition to the four red lamps described above, four (4) amber lamps shall be installed so that one (1) amber lamp is located near each red signal lamp, at same level, but closer to vertical centerline of bus. The system of red and amber signal lamps shall be wired so that the amber lamps are energized manually. The red lamps are automatically energized (with amber lamps being automatically de-energized) when stop signal arm is extended or when bus service door is opened. An amber pilot light and a red pilot light shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.
005.32C3 Red lamps shall flash at any time the stop signal arm is extended.
005.32C4 All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.
005.32D Turn Signal and Stop/Tail Lamps.
005.32D1 Bus body shall be equipped with amber rear turn signal lamps that are at least seven (7) inches in diameter or if a shape other than round, a minimum 38 square inches of illuminated area and meet FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. These signals must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lamps are to be placed so that their centerline shall be a maximum of twelve (12) inches below the rear window.
005.32D2 Buses shall be equipped with amber side-mounted turn signal lights. The turn signal light on the left side shall be mounted rearward of the stop signal arm and the turn signal on the right side shall be mounted rearward of the service door.
005.32D3 Buses shall be equipped with four (4) combination red stop/tail lamps:
005.32D3a Two (2) combination lamps with a minimum diameter of seven (7) inches, or if a shape other than round, a minimum 38 square inches of illuminated area shall be mounted on the rear of the bus just inside the turn signals.
005.32D3b Two (2) combination lamps with a minimum diameter of four (4) inches, or if a shape other than round, a minimum 12 square inches of illuminated area shall be placed on the rear of the body between the beltline and the floor line. Rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated.
005.32D3c On buses equipped with a monitor for the front and rear lamps of the school bus, the monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected by a fuse or circuit breaker, or an electronic protection device, against any short circuit or intermittent shorts.
005.32D3d The bus body shall be equipped with two (2) white rear backup lamps that are at least four (4) inches in diameter or, if a shape other than round, a minimum of 12 square inches of illuminated area and shall meet FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment. If backup lamps are placed on the same horizontal line as the brake lamps and turn signal lamps, they shall be to the inside.
005.32E Clearance-Marker and Identification Lamps.
005.32E1 The body shall be equipped with two (2) red clearance lights at the rear and two (2) amber clearance lights at the front mounted as high as possible on permanent structure of bus in such a manner as to indicate extreme width of body.
005.32E2 All buses over 30 feet long shall be equipped with one (1) amber intermediate side marker light on each side located midway between the front and rear clearance lights.
005.32E3 The bus shall be equipped with three (3) amber identification lights on the front and three (3) red identification lights on the rear. Each individual light within such group or cluster shall be evenly spaced not less than six (6) inches nor more than 12 inches apart along a horizontal line near the top roof edge of the vehicle.
005.32F A white flashing strobe light shall be installed on the roof of a school or activity bus, not to exceed 1/3 the body length forward from the rear of the roof edge. The light shall have a single clear lens emitting light 360 degrees around its vertical axis. A manual switch and a pilot light shall be included to indicate when light is in operation.
005.32G Backup Lamps. Bus body shall be equipped with two (2) white rear backup lamp signals that are at least four (4) inches diameter or, if a shape other than round, a minimum of 13 square inches of illuminated area, meeting FMVSS 108, Lamps, Reflective Devices, and Associated Equipment. If backup lamps are placed on the same line as the brake lights and turn signals, they shall be to the inside.
005.32H Reflex Reflectors.
005.32H1 The bus shall be equipped with two (2) amber reflectors: One on each side of body located approximately at floor level and back of the door on the right side and at a similar forward position on the left side.
005.32H2 The bus shall be equipped with four (4) red reflectors: One (1) on each side as far to the rear as possible and two (2) on the rear as far apart as practicable.
005.32H3 All buses over 30 feet long shall be equipped with additional intermediate amber reflectors which shall be located at or near the midpoint between the front and rear side reflector.
005.32H4 The reflectors are to be mounted at a height of not less than 15 inches nor more than 60 inches above the ground on which the vehicle stands.
005.32I License Plate Lamp. Bus shall be equipped with rear license plate illuminator. This lamp may be combined with one (1) of tail lamps.
005.32J Daytime Running Lamps (DRL). A Daytime Running Lamps system shall be provided.
005.33 Metal Treatment.
005.33A All metal used in construction of bus body shall be zinc or aluminum coated or treated by equivalent process before bus is constructed. This includes, but is not limited to such items as structural members, inside and outside panels, floor panels, and floor sills. Excluded are such items as door handles, grab handles, stanchions, interior decorative parts, and other interior plated parts.
005.33B All metal parts that will be painted shall be (in addition to above requirements) chemically cleaned, etched, zinc-phosphate coated, and zinc-chromate or epoxy-primed or conditioned by equivalent process.
005.33C In providing for these requirements, particular attention shall be given to lapped surfaces, welded connections or structural members, cut edges, punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas, and surfaces subjected to abrasion during vehicle operation.
005.34 Mirrors.
005.34A Interior mirror shall be either clear view laminated glass or clear view glass bonded to a backing which retains the glass in the event of breakage. Mirror shall have rounded corners and protected edges. All Type A buses shall have a minimum of a 6" x 16" mirror and Type B, C, and D buses shall have a minimum of a 6" x 30" mirror.
005.34B Each bus shall be equipped with a system of exterior mirrors meeting the requirements of FMVSS No.111, Rearview Mirrors. The right side rear view mirror shall not be obscured by the unwiped portion of the windshield.
005.34C This system of mirrors shall be easily adjustable, but be rigidly braced so as to reduce vibration.
005.34D Heated external mirrors may be used. Remote controlled external rear view mirrors may be used.
005.35 Mounting.
005.35A Chassis frame shall support the rear body cross member. Bus body shall be attached to chassis frame at each main floor sill, except where chassis components interfere, in such manner as to prevent shifting or separation of body from chassis under severe operating conditions.
005.35B Insulating material shall be installed at all contact points between the body and chassis frame on Type A-2, B, C and D buses, and shall be secured to chassis frame or body to prevent shifting, separation, or displacement of the isolators under severe operating conditions.
005.36 Oil Filter. An oil filter with a replaceable element shall be provided and connected by flexible oil lines if it is not a built-in or an engine-mounted design. Oil filter shall have a capacity in accordance with the engine manufacturer’s recommendations.
005.37 Openings. All openings in floorboard or firewall between chassis and passenger carrying compartment, such as for gearshift lever and auxiliary brake lever, shall be sealed.
005.38 Passenger Load.
005.38A Actual Gross Vehicle Weight (GVW) is the sum of the chassis weight, plus the driver's weight, plus total seated pupil weight. For purposes of calculation, the driver’s weight is 150 pounds, and the student weight is 20 pounds per student.
005.38B Actual gross vehicle weight (GVW) shall not exceed the chassis manufacturer’s gross vehicle weight rating (GVWR) for the chassis, nor shall the actual weight carried on any axle exceed the chassis manufacturer’s Gross Axle Weight Rating (GAWR).
005.39 Retarder System. Retarder system, if used, shall limit the speed of the fully loaded school bus at 19.0 mph on a 7% grade for 3.6 miles.
005.40 Rub Rails.
005.40A There shall be one (1) rub rail located on each side of the bus approximately at seat level or no more than eight (8) inches above the seat cushion level. They shall extend from rear side of the entrance door completely around bus body (except for emergency door or any maintenance access door) to a point of curvature near outside cowl on the left side.
005.40B There shall be one (1) additional rub rail located on each side at, or no more than ten (10) inches above the floor line. The rub rail shall cover the same longitudinal area as upper rub rail, except at the wheel housings, and shall extend only to the longitudinal tangent of right and left rear corners.
005.40C There shall be a rub rail or equivalent bracing located horizontally at the bottom of the side skirts.
005.40D Rub rails above the floor line shall be attached at each body post and all other upright structural members.
005.40E Rub rails shall be four (4) inches or more in width, shall be of 16 gauge steel, or equivalent strength material, and shall be constructed in corrugated or ribbed fashion.
005.40F Both rub rails shall be applied outside the body or outside the body posts. Pressed-in or snap-on rub rails do not satisfy this requirement.
005.40F1 For Type A-1 buses using the body provided by the chassis manufacturer or for Types A-2, B, C, and D buses using the rear luggage or the rear engine compartment, rub rails need not extend around the rear corners.
005.41 Seat Belts/Occupant Protection Systems.
005.41A A Type 2 lap belt/shoulder harness seat belt shall be provided for the driver and must meet FMVSS in effect on date of manufacture.
005.41A1 In addition, the assembly shall be equipped with an emergency locking retractor for the continuous belt system. On all buses except Type A equipped with standard chassis manufacturer's driver's seat, the lap portion of the belt shall be guided or anchored so as to prevent the driver from sliding sideways under it.
005.41A2 Each bus shall be equipped with a durable webbing cutter (belt cutter) having a full width handgrip and a protected, replaceable or non-corrodible blade. The belt cutter shall be mounted in a location accessible to the seated driver in an easily detachable manner.
005.41B Type A buses shall have seat belts/occupant protection systems for all passengers and shall comply with FMVSS in effect on date of manufacture. In Type A buses, children shall be required to use child passenger restraint systems or occupant protection systems as required by Section 60-6,267 R.R.S.
005.42 Seats and Restraining Barriers.
005.42A All seats shall have a minimum depth of 15 inches, a seat back height of 24 inches above the seating reference point, and must comply with all requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection. School bus design capacities shall be in accordance with 49 CFR, Part 571.3 and FMVSS No. 222.
005.42A1 Each seat leg shall be secured to the floor by bolts, washers and nuts in order to meet the performance requirements of FMVSS No. 222. Flange-head nuts may be used in lieu of nuts and washers, or seats may be track-mounted in conformance with FMVSS No. 222, School Bus Passenger Seating and Crash Protection. If track seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions applicable to the bus, which comply with FMVSS No. 222. This information shall be on a label permanently affixed to the bus.
005.42A2 All seat frames shall be fastened to the seat rail with a minimum of two (2) bolts, washers and nuts or flange-headed nuts in conformance with FMVSS No. 222. 005.42A3 No bus shall be equipped with jump seats, portable seats, or other auxiliary seating.
005.42A4 All restraining barriers, upholstered areas, driver and passenger seats, including seat bottom, shall be covered with a material that meets the criteria contained in the School Bus Seat Upholstery Fire Block Test. (See Appendix D of this Chapter.)
005.42A5 Seat belts/occupant protection systems installed by retrofits must be installed on seats that meet FMVSS No. 222.
005.42A6 All school buses (including Type A) shall be equipped with restraining barriers which conform to FMVSS No. 222.
005.42B The driver’s seat supplied by the body company shall be a high back seat with a head restraint to accommodate a 95th percentile adult male, as defined in FMVSS No. 208, Occupant Crash Protection, and with a minimum seat back adjustable to 15 degrees. The driver’s seat shall be secured with nuts, bolts, and washers or flanged-head nuts.
005.42B1 Type A buses may utilize the standard driver’s seat provided by the chassis manufacturer.
005.42B2 A Type 2 lap belt/shoulder harness seat belt shall be provided for the driver. The assembly shall be equipped with an emergency locking retractor for the continuous belt system. On all buses except Type A equipped with a standard chassis manufacturer’s driver’s seat, the lap portion of the belt system shall be guided or anchored to prevent the driver from sliding sideways under it. The lap belt/shoulder harness seat belt shall be designed to allow for adjustment in order to fit and to protect drivers varying in size from 5th percentile adult female to 95th percentile adult male.
005.42B3 Pre-School Age Seating on School Buses. Passenger seats designed to accommodate a child or infant carrier seat shall comply with FMVSS No. 225, Child Restraint Anchorage Systems. These seats shall be in compliance with NHTSA’s “Guideline for the Safe Transportation of Pre-school Age Children in School Buses.”
005.43 Seat Barrier. The right hand seat barrier shall include a modesty panel from barrier to floor and comply with Federal Motor Vehicle Safety Standards in effect on date of manufacture.
005.44 Shock Absorbers. A bus shall be equipped with double-acting shock absorbers compatible with manufacturer's rated axle capacity at each wheel location.
005.45 Springs and Suspension Systems.
005.45A The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer’s GVWR.
005.45B Rear leaf springs shall be of a progressive rate or multi-stage design. Front Leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf, in addition to the main leaf.
005.46 Steering Gear.
005.46A The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when vehicle is operated with maximum load and at maximum speed.
005.46B If external adjustments are required, steering mechanism shall be accessible to make adjustments.
005.46C No changes shall be made in steering apparatus which are not approved by chassis manufacturer.
005.46D There shall be clearance of at least two (2) inches between steering wheel and cowl, instrument panel, windshield, or any other surface.
005.46E Power steering is required and shall be of the integral type with integral valves.
005.46F The steering system shall be designed to provide a means for lubrication of all wear-points which are not permanently lubricated.
005.47 Steps.
005.47A First step at service door shall be not less than 10 inches and not more than 14 inches from ground, based on standard chassis specifications. Type D buses shall have the first step at the service door 12 inches to 16 inches from the ground. On chassis modifications which may result in increased ground clearance (such as four-wheel drive) an auxiliary step may be provided to compensate for the increase in ground-to-first-step clearance. The auxiliary step is not required to be enclosed.
005.47B Step risers shall not exceed a height of 10 inches, however, with plywood floor on steel, the differential may be increased by thickness of plywood used.
005.47C Steps shall be enclosed to prevent accumulation of ice and snow.
005.47D Steps shall not protrude beyond side body line.
005.47E At least one (1) handrail shall be installed in accordance with subsection 005.25.
005.47F All steps, including floor line platform area, shall be covered with 3/16 inch rubber floor covering or other material equal in wear and abrasion resistance to top grade rubber.
005.47G The step covering shall be permanently bonded to a durable backing material that is resistant to corrosion.
005.47H Steps, including the floor line platform area, shall have a 1 ½” nosing that contrasts in color by at least 70 percent measured in accordance with the contrasting color specifications in 36 CFR, Part 1192 Americans with Disabilities Act regulations (ADA), Accessibility Guidelines for Transportation Vehicles.
005.47I Step treads shall have the following characteristics:
005.47I1 Abrasion resistance: Step tread material weight loss shall not exceed .40 percent, as tested under ASTM D-4060, Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser.
005.47I2 Weathering resistance: Step treads shall not break, crack, or check after ozone exposure (7 days at 40 phm at 40 degrees C) and weatherometer exposure (ASTM D=750 Standard Test Method for Rubber Deterioration in Carbon-Arc Weathering Apparatus, 7 days).
005.47I3 Flame resistance: Step tread shall have a calculated burn rate of .01 or less using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials.
005.48 Stirrup Steps. There may be one or more folding stirrup steps or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps. Steps are permitted in or on the front bumper, in lieu of the stirrup steps, if the windshield and lamps are easily accessible for cleaning from that position.
005.49 Stop Signal Arm. The stop signal arm(s) shall comply with the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices. (Activity buses are exempt.)
005.50 Storage Compartment. A storage container for tools, tire chains, and/or tow chains may be located either inside or outside the passenger compartment. If inside, it shall have a cover capable of being securely latched and fastened to the floor. (The seat cushion may not serve this purpose.)
005.51 Sun Shield.
005.51A On Type B, C and D buses, an interior transparent, adjustable, sun shield shall be installed that is not less than 6 inches wide and 30 inches long with a finished edge.
005.51B On Type A buses, the sun shield shall be installed according to the manufacturer's standard.
005.52 Throttle. The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.
005.53 Tires and Rims.
005.53A Tires and rims of the proper size and tires with a load rating commensurate with chassis manufacturer's gross vehicle weight rating shall be provided. The use of multipiece rims and/or tube-type tires shall not be permitted on any school bus ordered after December 31, 1995.
005.53B Dual rear tires shall be provided on Type A-2, Type B, Type C and Type D school buses.
005.53C All tires on a bus shall be of the same size. The load range of the tires shall meet or exceed the GVWR, as required by FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other than Passenger Cars.
005.53D If the bus is equipped with a spare tire and rim assembly, it shall be of the same size as those mounted on the bus.
005.53E Chains or snow tires shall be supplied if required by local regulation or warranted by circumstances.
005.53F If a tire carrier is utilized, it shall be mounted in an accessible location outside of the passenger compartment.
005.54 Tow Hooks. Tow eyes, hooks or other devices shall be furnished on the rear and attached so they do not project beyond the rear bumper. Tow eyes or hooks for attachment to the rear of the chassis frame shall be furnished by either the chassis or body manufacturer. The installation shall be in accordance with the chassis manufacturer’s specifications. (Type A buses are exempt.)
005.55 Traction Assisting Devices.
005.55A Where required or used, sanders shall:
005.55A1 be of hopper cartridge - valve type,
005.55A2 have metal hopper with all interior surfaces treated to prevent condensation of moisture,
005.55A3 be of at least 100 pound (grit) capacity,
005.55A4 have cover on filler opening of hopper, which screws into place, sealing unit airtight,
005.55A5 have discharge tubes extending to front of each rear wheel under fender,
005.55A6 have non-clogging discharge tubes with slush-proof, nonfreezing rubber nozzles,
005.55A7 be operated by electric switch with telltale pilot light mounted on instrument panel so as to be exclusively controlled by the driver,
005.55A8 be exclusively driver controlled,
005.55A9 have a gauge to indicate that the hopper needs refilling when it is down to one-quarter full.
005.55B Automatic traction chains may be installed.
005.56 Transmission.
005.56A Automatic transmissions shall have no fewer then three (3) forward speeds and one (1) reverse speed. Mechanical shift selectors shall provide a detent between each gear position when the gear selector quadrant and shift selector are not steering-column mounted.
005.56B In manual transmissions, second gear and higher shall be synchronized, except when incompatible with engine power. A minimum of three (3) forward speeds and one (1) reverse speed shall be provided.
005.56C A transmission shifter interlock, controlled by application of the service brake, shall be installed to prohibit accidental engagement of the automatic transmission.
005.57 Trash Container. When used, the trash container shall be secured by a holding device. It shall be installed in an accessible location in the driver’s compartment, not obstructing passenger use of the service door.
005.58 Turning Radius.
005.58A Chassis with a wheel base of 264 inches or less shall have a right and left turn radius of not more than 42½ feet, curb to curb measurement.
005.58B Chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44½ feet, curb to curb measurement.
005.59 Undercoating. The chassis manufacturer or their agent shall coat the undersides of the bus from the firewall to the back of the bus. Any undercoating compound must meet or exceed all performance and qualitative requirements of SAE J1959, Sept. 2003 Edition of the Standard.
005.59A Undercoating material shall be applied with suitable airless or conventional spray equipment to recommended film thickness and shall show no evidence of voids in cured film.
005.59B The undercoating material shall not cover any exhaust components of the chassis.
005.60 Ventilation.
005.60A Body shall be equipped with suitable, controlled ventilating system of sufficient capacity to maintain proper quantity of air flow under operating conditions without opening of windows except in extremely warm weather.
005.60B Static-type non-closable exhaust roof ventilator shall be installed in low-pressure area of roof.
005.60C Roof hatches designed to provide ventilation in all types of weather conditions may be provided.
005.60D Auxiliary fans shall meet the following requirements:
005.60D1 Fans for the left and right sides shall be placed in a location where they can be adjusted to maximum effectiveness.
005.60D2 Fans shall be in a location where they do not obstruct vision to any mirror. Type A buses may be equipped with one fan.
005.60D3 These fans shall be a nominal six-inch diameter.
005.60D4 Fan blades shall be covered with a protective cage. Each fan shall be controlled by a separate switch.
005.61 Wheel Housings.
005.61A Wheel house openings shall allow for tire removal and service.
005.61B Wheel housings shall be attached to floor sheets in such manner as to prevent any dust, fumes or water from entering the body. Wheel housings shall be constructed of at least 16-guage steel.
005.61C Inside height of wheel housings above floor line shall not exceed 12 inches.
005.61D Wheel housings shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power-driving wheels.
005.61E No part of a raised wheel housing shall extend into the emergency door opening.
005.62 Windows. Each full side window, other than emergency exits designated to comply with FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, shall provide an unobstructed opening at least 9 inches high but not more than 13 inches high and at least 22 inches wide, obtained by lowering of the window. One side window on each side of the bus may be less than 22 inches wide. Windshields shall comply with federal, state, and local laws and regulations.
005.63 Windshield Washers. A windshield washer system which conforms to FMVSS Standard 104, Windshield Wiping and Washing Systems, shall be provided.
005.64 Windshield Wipers. A two-speed or variable speed windshield wiping system, with an intermittent feature, which meet the requirements of FMVSS No. 104, Windshield Wiping and Washing Systems, shall be provided and shall be operated by a single switch.
006 Small Vehicle (General) Minimum Equipment Standards .
006.01 Construction.
006.01A The small vehicle shall be of closed integral body type.
006.01B The small vehicle shall have a wheel base of 100 inches or more.
006.01C Body shall be all steel or of a metal at least equivalent in strength to steel.
006.01D Body interior such as headliner, interior door, and side panels shall be lined with a protective material.
006.02 Equipment. The small vehicle shall be equipped with:
006.02A Four-wheel brakes properly adjusted to efficiently stop vehicle when fully loaded.
006.02B Park brake adequate to hold vehicle when stopped on incline.
006.02C Two windshield wipers.
006.02D Rearview mirrors - one inside and one outside on left side, one outside on right.
006.02E Two tail lights.
006.02F Two stop lights.
006.02G Multiple beam halogen headlights (including indicator light).
006.02H Switch to raise or lower headlight beam.
006.02I Directional signals - front and rear (including indicator lights).
006.02J Adequate horn.
006.02K Interior adjustable sun shield.
006.02L Adequate heater and defroster.
006.02M Laminated safety glass in the windshield and tempered safety glass in other windows is permissible.
006.02N Seat belts/occupant protection systems for the driver and all passengers. Child passenger restraint systems shall be provided for passengers as required by Sections 60-6,266 and 60-6,267 R.R.S.
006.02O Two way electronic voice communication system which can be used at any point on the vehicle's route. This may be after market provided.
006.03 Safety Equipment.
006.03A The small vehicle shall be equipped with one (1) dry chemical type fire extinguisher with a minimum capacity of 2 ½ pounds (approved by Underwriters Laboratories, Inc.) with at least a total rating of 2A10-B:C.
006.03B The small vehicle shall be equipped with one first aid kit. (See Appendix B.)
006.03C The small vehicle shall have a removable and moisture proof body fluid clean-up kit. It shall be identified as a body fluid clean-up kit. (See Appendix C.)
006.03D The small vehicle shall carry three (3) red and orange emergency reflective triangles, in compliance with Federal Motor Vehicle Safety Standards (FMVSS) No. 125, Warning Devices.
006.03E Small vehicles, when used to transport handicapped children, must be equipped with support or restraining devices that meet the requirements of Federal Motor Vehicle Safety Standards (FMVSS) in effect on date of manufacture.
007 Additional Required Equipment For Vehicles Used With Mobile Seating Devices .
007.01 General Requirements. Pupil transportation vehicles designed for transporting children with special transportation needs shall comply with National School Transportation Specifications & Procedures and with Federal Motor Vehicle Safety Standards (FMVSS) applicable to their Gross Vehicle Weight Rating (GVWR) category. In addition, any pupil transportation vehicle to be used for the transportation of children who are confined to a wheelchair or other mobile positioning device, or who require life support equipment which prohibits use of the regular service entrance, shall be equipped with a power lift, unless a ramp is needed for unusual circumstances related to passenger needs.
007.02 Emergency Exit. All school and activity buses equipped with a power lift shall provide a 30-inch aisle leading from any wheelchair/mobility aid position to at least one emergency door. A wheelchair securement position shall never be located directly in front of a power lift door location. When provided, the lift service door is considered an emergency exit.
007.03 Communications. All pupil transportation vehicles which are used to transport individuals with disabilities shall be equipped with a two way electronic voice communication system which can be used at any point in the vehicles’ route. This system may be after market provided.
007.04 Glazing. Tinted glazing may be installed in all doors, windows, and windshields consistent with federal, state, and local regulations.
007.05 Identification. Vehicles with power lifts used for transporting individuals with disabilities shall display the International Symbol of Accessibility below the window line. Such emblems shall be white on blue background, shall not exceed 12 inches in size, and shall be of a high-intensity reflectorized material meeting Federal Highway Administration (FHWA) FP-85 Standards.
007.06 Passenger Capacity Rating. In determining the passenger capacity of a school transportation vehicle for purposes other than actual passenger load (i.e., vehicle classification, or various billing/reimbursement models), any location in a vehicle intended for securement of an occupied wheelchair/mobility aid during vehicle operations may be regarded as four designated seating positions. Similarly, each lift area may be regarded as four designated seating positions. (Small vehicles are exempt.) (See Appendix J for Wheelchair or Mobility and Envelope diagram.)
007.07 Power Lifts and Ramps. On all vehicles other than small vehicles, power lift shall be located on the right side of the vehicle body when not extended. The lift may be located on the left side of the bus if used to deliver individuals to the left side of one way streets.
007.07A All vehicles covered by this specification shall provide a level-change mechanism or boarding device (e.g., lift or ramp) which comply with the requirements set forth in FMVSS 403, Platform Lift Systems for Motor Vehicles, and FMVSS 404, Platform Lift Installations in Motor Vehicles.
007.07B Vehicle Lift. The design load of the lift shall be at least 800 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Nonworking parts, such as platform, frame, and attachment hardware which would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material.
007.07C Lift Capacity. The lifting mechanism and platform shall be able to operate effectively with a wheelchair and occupant mass of at least 800 pounds.
007.07D Lift Controls. (See 49 CFR 571.402, S6.7, Control Systems)
007.07E Emergency Operation. (See 49 CFR 571.403, S6.9, Backup Operation)
007.07F Power or Equipment Failure. (See 49 CFR 571.403, S6.2.2 Maximum Platform Velocity).
007.07G Platform Barriers.(See 49 CFR 571.403, S6.4.7, Wheelchair Retention).
007.07H Platform Surface. (See 49 CFR 571.403,, S6.4.2, S6.4.3, Platform Requirements).
007.07I Platform Gaps. (See 49 CFR 571.403, S6.4.4, Gaps, Transitions and Openings).
007.07J Platform Deflection. (See 49 CFR 571.403, S6.4.5, Platform Deflection).
007.07K Platform Movement. (See 49 CFR 571.403,S6.4.5 Maximum Platform Acceleration).
007.07L Boarding Direction. The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users.
007.07M Use by Standees. Lifts shall be capable of accommodating persons using walkers, crutches, cane or braces, or who otherwise have difficulty using steps. The platform may be marked to indicate a preferred standing position.
007.07N Handrails. (See 49 CFR 571.403, S6.4.9, Handrails).
007.07O Circuit Breaker. A resetable circuit breaker shall be installed between power source and lift motor if electrical power is used. It shall be located as close to the power source as possible, but not within the passenger/driver compartment.
007.07P Excessive Pressure. (See 49 CFR 571.403, S6.8, Jacking Prevention).
007.07Q Documentation. The following information shall be provided with each vehicle equipped with a lift.
007.07Q1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request.)
007.07Q2 Detailed instructions regarding use of the lift are readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair/mobility aids on lift.
007.07R Training Materials. The lift manufacturer shall make available training materials to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results, or other related materials.
007.07S Identification and Certification. Each lift shall be permanently and legibly marked or incorporate a non-removable label or tag which states that it conforms to all applicable requirements of the National School Transportation Specifications & Procedures. In addition, the lift manufacturer, or an authorized representative, upon request of the original titled purchaser, shall provide a notarized Certificate of Conformance, either original or photo copied, which states that the lift system meets all the applicable requirements of the National School Transportation Specifications & Procedures.
007.07T Vehicle Ramp.
007.07T1 If a ramp is used, it shall be of sufficient strength and rigidity to support the special device, occupant, and attendant(s). It shall be equipped with a protective flange on each longitudinal side to keep special device on the ramp.
007.07T2 Floor of ramp shall be of non-skid material.
007.07T3 Ramp shall be equipped with handles and be of weight and design to permit one (1) person to put ramp in place and return it to its storage place.
007.07T4 Ramps installed in raised floor buses by manufacturers may be used for emergency evacuation purposes. They shall not be used as a substitute for a lift when a lift is capable of servicing the need.
007.08 Regular Service Entrance.
007.08A On power-lift equipped vehicles, step shall be the full width of the step well, excluding the thickness of doors in open position.
007.08B A device shall be provided to assist passengers during entry or exit. This device shall allow for easy grasping or holding and shall have no openings or pinch points which might entangle clothing, accessories or limbs.
007.08C An additional handrail may be provided on all specially equipped school buses. This handrail shall be located on the opposite side of the entrance door from the handrail required in subsection 005.25 of this Chapter and shall meet the same requirements for handrails.
007.09 Restraining Devices.
007.09A On power-lift equipped vehicles with a GVWR of 10,000 pounds or more, seat frames may be equipped with attachments or devices to which belts, restraining harnesses or other devices may be attached. Attachment framework or anchorage devices, if installed, shall conform to FMVSS No. 210, Seat Belt Assembly Anchorages. Any belt assembly anchorage shall comply with FMVSS No 210, Seat Belt Assembly Anchorages.
008.09B Seat belt assemblies, if installed, shall conform to FMVSS No. 209, Seat Belt Assemblies.
007.09C Child restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant, or booster seat, shall conform to FMVSS No. 213, Child Restraint Systems.
007.10 Seating Arrangements. Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. All seating shall meet the requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
007.11 Securement and Restraint System for Wheelchair/Mobility Aid and Occupant. For purposes of better understanding the various aspects and components of this section, the term “securement and tiedown” and the phrases “securement system” or “tiedown system” are used exclusively in reference to the device(s) which anchor the wheelchair to the vehicle. The term “restraint” or the phrase “restraint system” are used exclusively in reference to the equipment that is intended to limit the movement of the wheelchair occupant in a crash or sudden maneuver. The term “wheelchair tiedown” and “occupant restraint system” (WTORS) is used to refer to the total system that secures the wheelchair and restrains the wheelchair occupant.
007.11A Wheelchair Tiedown and Occupant Restraint System (WTORS) general requirements:
007.11A1 A wheelchair and occupant restraint system installed in specially equipped school buses shall be designed, installed, and operated for use with forward-facing wheelchair-seated passengers and shall comply with applicable requirements of FMVSS 222, School Bus Passenger Seating and Crash Protection, and SAE J2249, Wheelchair Tie down and Occupant Restraint Systems for Use in Motor Vehicles.
007.11A2 The WTORS, including the anchorage track, floor plates, pockets or other anchorages, shall be provided by the same manufacturer or shall be certified to be compatible by manufacturers of all equipment/systems used.
007.11A3 Wheelchair securement positions shall be located such that wheelchairs and their occupants do not block access to the lift door.
007.11A4 A device for storage of the WTORS shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism, and shall enable the system to be readily accessed for use.
007.11A5 The WTORS, including the storage device, shall meet the flammability standards established in FMVSS No. 302, Flammability of Interior Materials.
007.11A6 The following information shall be provided with each vehicle equipped with a securement and restraint system:
007.11A6a A phone number where information can be obtained about installation, repair and parts.
007.11A6b Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair/mobility aids and positioning of securement devices and occupant restraints, including correct belt angles.
007.11A7 Wheelchair Securement/Tiedown (See 49 CFR 571.403, S5.4.3, S5.4.4). Each wheelchair position in a specially equipped school bus shall have a minimum clear floor area of 30 inches laterally by 48 inches longitudinally. Additional floor area may be required for some wheelchairs. Consultation between the user and the manufacturer is recommended to ensure that adequate area is provided.
007.11A8 Occupant restraint system (See 49 CFR 571.403, S5.4.3, S5.4.4). If the upper torso belt anchorage is higher than 44 inches measured from the vehicle floor, an adjustment device, as part of the occupant restraint system, shall be supplied.
007.12 Special Light. Doorways in which lifts are installed, shall have, when lift is to be used, at least 2 foot-candles of illumination measured on the floor of the vehicle immediately adjacent to the lift, and on the lift, when deployed at the vehicle floor level.
007.13 Special Service Entrance.
007.13A Power lift equipped bodies shall have a special service entrance to accommodate the power lift.
Exception: If the lift is designed to operate within the regular service entrance, and is capable of stowing such that the regular service entrance is not blocked in any way, and that persons entering or exiting the vehicle are not impeded in any way, a special service entrance shall not be required.
007.13B The special service entrance and door shall be located on the right side of the vehicle and shall be designed so as not to obstruct the regular service entrance. (Small vehicles are exempt.)
Exception: A special service entrance and door may be located on the left side of the vehicle only if the vehicle is primarily used to deliver children to the left side of one way streets and its use is limited to that function.
007.13C The opening may extend below the door through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings.
007.13D A drip molding shall be installed above the opening to effectively direct water from entrance.
007.13E Door posts and headers from entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for special service entrance.
007.14 Special Service Entrance Doors.
007.14A A single door or double doors may be used for the special service entrance.
007.14B A single door shall be hinged to the forward side of the entrance unless doing so would obstruct the regular service entrance. If, due to the above condition, the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism which will prevent the door from swinging open should the primary door latch fail. If double doors are used, the system shall be designed to prevent the door(s) from being blown open by aerodynamic forces created by the forward motion of the bus, and/or shall incorporate a safety mechanism to provide secondary protection should the primary latching mechanism(s) fail.
007.14C All doors shall have positive fastening devices to hold doors in the open position.
007.14D All doors shall be weather sealed.
007.14E When manually-operated dual doors are provided, the rear door shall have at least a one-point fastening device to the header. The forward-mounted door shall have at least three one-point fastening devices. One shall be to the header, one to the floor line of the body, and the other shall be into the rear door. The door and hinge mechanism shall be of a strength that is greater than or equivalent to the strength of the emergency exit door.
007.14F Door materials, panels and structural strength shall be equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body.
007.14G Each door shall have windows set in a waterproof manner that is visually similar in size and location to adjacent non-door windows. Glazing shall be of same type and tinting (if applicable) as standard fixed glass in other body locations.
007.14H Door(s) shall be equipped with a device that will actuate an audible or flashing signal located in the driver's compartment when door(s) is/are not securely closed and ignition is in "on" position.
007.14I A switch shall be installed so that the lifting mechanism will not operate when the lift platform door(s) is/are closed.
007.14J Special service entrance doors shall be equipped with padding at the top edge of the door opening. Pad shall be at least three inches wide and one inch thick and extend the full width of the door opening.
007.15 Support Equipment and Accessories.
007.15A In addition to the webbing cutter required in Section 005.41A2, each specially equipped vehicle which is set up to accommodate wheelchair/mobility aids or other assistive or restraint devices which utilize belts, shall contain at least one (1) belt cutter properly secured in a location within reach of the driver while belted into his/her driver's seat. The belt cutter shall meet the requirements of subsection 005.41A2 of this Chapter.
007.15B Special equipment or supplies which are used on the bus for mobility assistance, health support, or safety purposes shall meet any local, federal, or engineering standards which may apply, including requirements for proper identification. Equipment which may be used for these purposes includes, but is not limited to:
007.15B1 Wheelchairs and other mobile seating devices.
007.15B2 Crutches, walkers, canes, and other ambulating devices.
007.15B3 Medical Support Equipment. This may include respiratory devices such as oxygen bottles (which should be no larger than 22 cubic feet for liquid oxygen and 38 cubic feet for compressed gas), or ventilators. Tanks and valves should be located and positioned to protect them from direct sunlight, bus heater vents, or other heat sources. Other equipment may include intravenous, and fluid drainage apparatus.
007.15C All portable equipment and special accessory items including equipment in subsection 007.15B, shall be secured at the mounting location to withstand a pulling force of five times the weight of the item, or shall be retained in an enclosed, latched compartment. The compartment shall be capable of withstanding forces applied to its interior equal to five times the weight of its contents without failure to the box's integrity and securement to the bus. Exception: If these standards provide specific requirements for securement of a particular type of equipment, the specific standard shall prevail (i.e., wheelchairs).
008 Safety Inspection Process for Pupil Transportation Vehicles .
008.01 Schools shall inspect and assure that pupil transportation vehicles meet the minimum allowable safety criteria pursuant to Section 79-602 R.R.S.
008.01A All pupil transportation vehicles used for the transportation of pupils shall be inspected before school opens in the fall and each eighty days during the time period school is in session. Any item not meeting such criteria shall be brought into compliance prior to the vehicle being used to transport pupils.
008.01A1 Inspections shall be conducted by a motor vehicle mechanic appointed by the school board or governing authority.
008.01A2 A mechanic’s inspection report for each vehicle shall be on file with the school. (See Appendix I)
008.01A3 The chief administrative officer of each school district shall annually certify to the Department of Education that inspections pursuant to Section 79-602 R.R.S. have been performed.
009 Minimum Safety Inspection Criteria for School and Activity Buses .
009.01 The minimum inspection standards for school buses are detailed in Appendix H. These criteria are not intended to replace, modify, or alter the vehicle manufacturer’s recommended preventative maintenance schedule. These inspections are to be performed as required by Section 79-602 R.R.S. (See Section 008.01).
010 Minimum Safety Inspection Criteria for Small Vehicles .
010.01 Body interior shall be lined with upholstered material on head liner, door, and side panels.
010.02 Brakes shall be four-wheel brakes properly adjusted.
010.03 Parking brake shall be capable of holding the vehicle on an incline.
010.04 Two (2) windshield wipers shall be provided and operable.
010.05 Three (3) mirrors (two exterior and one interior) shall be provided and they shall not be cracked or broken.
010.06 Tail lights, stop lights, headlights, and directional signals shall be provided and operable with no broken or cracked lenses.
010.07 A horn shall be provided and operable.
010.08 A sunshield shall be provided for the driver and be operable.
010.09 Heater/defroster shall be provided and be operable.
010.10 Unbroken and uncracked safety glass shall be in all windows.
010.11 Seat belts and child passenger restraint systems for driver and all passengers shall be provided as required by Sections 60-6,265 through 60-6,267 R.R.S.
010.12 One (1) fire extinguisher shall be provided. It shall be a dry chemical type of 2 ½ pounds, size approved by Underwriters Laboratories, Inc., with a total rating of 1A10-B:C.
010.13 One (1) first aid kit shall be provided which includes the items as listed in Appendix B of this Chapter.
010.14 Body Fluid Clean-up Kit shall be provided and contain the items as listed in Appendix C of this Chapter.
010.15 Emergency reflective triangles shall be provided.
011 Minimum Safety Inspection Criteria for Vehicles for Transporting Children In Mobile Seating Devices .
011.01 Vehicles must generally comply with minimum standards and inspection criteria established for school buses and small vehicles, but with the modifications as listed below:
011.01A Special service entrance doors, and positive fastening devices that function properly and a red flashing signal that functions properly.
011.01B A power lift that is covered with non-skid materials. (Exception - a ramp may be substituted.)
011.01C A steel ramp provided with a restraining device to prohibit mobile device from rolling off platform.
011.01D Fastening devices for mobile devices that attach securely to floor or walls.
011.01E Restraining devices shall be provided.
011.01F A light inside the vehicle which functions properly.
011.01G Grab handles shall be provided that are installed properly.
011.01H Restraining devices for handicapped transport shall be available that meet FMVSS 213, Hood Latch System.
011.02 Wheelchair lift shall function as designed and is operable.
011.03 Platform lift manufactured after 4/1/05 must meet all of the following criteria:
011.03A Jacking prevention;
011.03B Manual Backup operating mode;
011.03C Interlocks to prevent forward or rearward mobility of the vehicle unless lift is stowed;
011.03D Wheelchair retention device;
011.03E Platform outer barrier and inner roll stop.
011.04 No hydraulic lines shall be leaking during lift operation.
011.05 Wheelchair restraint system shall be complete and properly installed. No loose or damaged parts shall be in use.
011.06 All required wheelchair occupant restraint systems shall be in compliance with FMVSS 571.222.
APPENDIX A - DESCRIPTION OF NATIONAL SCHOOL BUS YELLOW
APPENDIX B – CONTENTS OF A FIRST AID KIT
APPENDIX C – CONTENTS OF A BODY FLUID CLEAN-UP KIT
APPENDIX D – SCHOOL BUS SEAT UPHOLSTERY FIRE BLOCK TEST
APPENDIX E - NOISE TEST PROCEDURES
APPENDIX F - RETRO REFLECTIVE SHEETING
APPENDIX G – REFERENCE LIST
APPENDIX H - MINIMUM INSPECTION CRITERIA FOR SCHOOL BUSES
APPENDIX I- MECHANIC’S PUPIL TRANSPORTATION VEHICLE INSPECTION REPORT
APPENDIX J - Wheelchair or Mobility and Envelope
History
- Effective 2019-07-01
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