2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-7104 - Scholarship-granting organization; certification; application; procedure.

77-7104.
Scholarship-granting organization; certification; application; procedure.
(1) An organization may apply to the department to become certified as a scholarship-granting organization under the Opportunity Scholarships Act. An organization shall obtain such certification prior to providing any education scholarships to eligible students under the act. The applicant shall provide the department with sufficient information to show:
(a) That the applicant is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended;
(b) That the applicant will offer one or more education scholarship programs for eligible students;
(c) That the applicant will be able to comply with the requirements of section 77-7110;
(d) That the applicant will provide education scholarships for eligible students without limiting education scholarship availability to only one qualified school;
(e) That the applicant will:
(i) Give first priority to:
(A) Eligible students who received an education scholarship from a scholarship-granting organization during the previous school year; and
(B) The sibling of a student who is receiving an education scholarship, so long as the sibling resides in the same household as such student;
(ii) Give second priority to:
(A) Eligible students whose household income levels do not exceed one hundred percent of the federal poverty level;
(B) Eligible students whose application for the enrollment option program established in section 79-234 has been denied;
(C) Eligible students who have an individualized education plan;
(D) Eligible students who are experiencing bullying, harassment, hazing, assault, battery, kidnapping, robbery, sexual offenses, threat or intimidation, or fighting at school;
(E) Eligible students who are in foster care; and
(F) Eligible students who are in a family with a parent or guardian actively serving in a branch of the armed forces of the United States or in the National Guard, or whose parent or guardian was killed serving in the line of duty;
(iii) Give third priority to eligible students whose household income levels exceed one hundred percent of the federal poverty level but do not exceed one hundred eighty-five percent of the federal poverty level;
(iv) Give fourth priority to eligible students whose household income levels exceed one hundred eighty-five percent of the federal poverty level but do not exceed two hundred thirteen percent of the federal poverty level; and
(v) Give fifth priority to eligible students whose household income levels exceed two hundred thirteen percent of the federal poverty level but do not exceed three hundred percent of the income indicated in the income eligibility guidelines for reduced price meals under the National School Lunch Program in 7 C.F.R. part 210;
(f) That the applicant will limit the maximum scholarship amount awarded to any student to the cost of tuition and fees at the qualified school such student attends; and
(g) That the applicant will limit scholarship amounts awarded to students in a manner that assures that the average of the scholarship amounts awarded per student does not exceed seventy-five percent of the statewide average general fund operating expenditures per formula student for the most recently available complete data year as such terms are defined in section 79-1003.
(2) If the applicant meets the requirements of this section, the department shall certify it as a scholarship-granting organization for tax-credit purposes under the Opportunity Scholarships Act. Such certification is subject to revocation by the department if the scholarship-granting organization subsequently fails to fulfill the requirements of this section or section 77-7110.
Source
Laws 2023, LB753, § 4.
Operative Date: January 1, 2024