reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,134 - Student fee policy; hearing; procedure; contents.

79-2,134.
Student fee policy; hearing; procedure; contents.
On or before August 1, 2002, and annually each year thereafter, each school board shall hold a public hearing at a regular or special meeting of the board on a proposed student fee policy, following a review of the amount of money collected from students pursuant to, and the use of waivers provided in, the student fee policy for the prior school year. The student fee policy shall be adopted by a majority vote of the school board and shall be published in the student handbook. The board shall provide a copy of the student handbook to every student, or to every household in which at least one student resides, at no cost to the student or household. The student fee policy shall include specific details regarding:
(1) The general written guidelines for any nonspecialized attire required for specified courses and activities;
(2) Any personal or consumable items a student will be required to furnish for participation in extracurricular activities;
(3) Any specialized equipment or attire which a student will be required to provide for any extracurricular activity;
(4) Any fees required from a student for participation in any extracurricular activity;
(5) Any fees required for postsecondary education costs;
(6) Any fees required for transportation costs pursuant to sections 79-241, 79-605, and 79-611;
(7) Any fees required for copies of student files or records pursuant to section 79-2,104;
(8) Any fees required for participation in before-and-after-school or prekindergarten services offered pursuant to section 79-1104;
(9) Any fees required for participation in summer school or night school;
(10) Any fees for breakfast and lunch programs; and
(11) The waiver policy pursuant to section 79-2,133.
No fee, specialized equipment or attire, or nonspecialized attire may be required pursuant to the Public Elementary and Secondary Student Fee Authorization Act unless the maximum dollar amount of the fee, the specifications for the specialized equipment or attire, or the specifications for the nonspecialized attire are specified in the student fee policy approved by the board. Reimbursement pursuant to subdivision (6) of section 79-2,127 for property lost or damaged by a student may be required without specification in the student fee policy.
Source
Laws 2002, LB 1172, § 10;
Laws 2003, LB 249, § 10.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,135 - Student fee fund.

79-2,135.
Student fee fund.
Each school district that collects money from students pursuant to subdivisions (1), (3), and (8) of section 79-2,127 shall establish a student fee fund. For purposes of this section, student fee fund means a separate school district fund not funded by tax revenue, into which all money collected from students pursuant to such subdivisions shall be deposited and from which money shall be expended for the purposes for which it was collected from students.
Funds collected from another school district for providing summer school or night school instruction to a school district's students and the related expenditures for providing such instruction shall be accounted for in the general fund of the school district providing the instruction.
Source
Laws 2002, LB 1172, § 11;
Laws 2003, LB 67, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,137 - School district; development and adoption of bullying prevention and education policy; review.

79-2,137.
School district; development and adoption of bullying prevention and education policy; review.
(1) The Legislature finds and declares that:
(a) Bullying disrupts a school's ability to educate students; and
(b) Bullying threatens public safety by creating an atmosphere in which such behavior can escalate into violence.
(2) For purposes of this section, bullying means any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at school-sponsored activities or school-sponsored athletic events.
(3) On or before July 1, 2009, each school district as defined in section 79-101 shall develop and adopt a policy concerning bullying prevention and education for all students.
(4) The school district shall review the policy annually.
Source
Laws 2008, LB205, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,139 - Legislative findings and intent.

79-2,139.
Legislative findings and intent.
The Legislature finds and declares that all students have a right to work and study in a safe, supportive environment that is free from harassment, intimidation, and violence. The Legislature further finds that when a student is a victim of dating violence, his or her academic life suffers and his or her safety at school is jeopardized. The Legislature therefor finds and declares that a policy to create a better understanding and awareness of dating violence shall be adopted by each school district. It is the intent of the Legislature to require each school district to establish a policy for educating staff and students about dating violence.
Source
Laws 2009, LB63, § 44.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,140 - Terms, defined.

79-2,140.
Terms, defined.
For purposes of the Lindsay Ann Burke Act, unless the context otherwise requires:
(1) Dating partner means any person, regardless of gender, involved in an intimate relationship with another person primarily characterized by the expectation of affectionate involvement whether casual, serious, or long-term;
(2) Dating violence means a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal, or emotional abuse, to control his or her dating partner;
(3) Department means the State Department of Education; and
(4) School district has the same meaning as in section 79-101.
Source
Laws 2009, LB63, § 45.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,141 - Model dating violence policy; department; school district; duties; publication; staff training; redress under other law.

79-2,141.
Model dating violence policy; department; school district; duties; publication; staff training; redress under other law.
(1) On or before March 1, 2010, the department shall develop and adopt a model dating violence policy to assist school districts in developing policies for dating violence.
(2) On or before July 1, 2010, each school district shall develop and adopt a specific policy to address incidents of dating violence involving students at school, which shall be made a part of the requirements for accreditation in accordance with section 79-703. Such policy shall include a statement that dating violence will not be tolerated.
(3) To ensure notice of a school district's dating violence policy, the policy shall be published in any school district handbook, manual, or similar publication that sets forth the comprehensive rules, procedures, and standards of conduct for students at school.
(4) Each school district shall provide dating violence training to staff deemed appropriate by a school district's administration. The dating violence training shall include, but not be limited to, basic awareness of dating violence, warning signs of dating violence, and the school district's dating violence policy. The dating violence training may be provided by any school district or combination of school districts, an educational service unit, or any combination of educational service units.
(5) Each school district shall inform the students' parents or legal guardians of the school district's dating violence policy. If requested, the school district shall provide the parents or legal guardians a copy of the school district's dating violence policy and relevant information.
(6) This section does not prevent a victim of dating violence from seeking redress under any other available law, either civil or criminal, and does not create or alter any existing tort liability.
Source
Laws 2009, LB63, § 46.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,142 - School district; incorporate dating violence education.

79-2,142.
School district; incorporate dating violence education.
Each school district shall incorporate dating violence education that is age-appropriate into the school program. Dating violence education shall include, but not be limited to, defining dating violence, recognizing dating violence warning signs, and identifying characteristics of healthy dating relationships.
Source
Laws 2009, LB63, § 47.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,143 - State school security director; appointment.

79-2,143.
State school security director; appointment.
The position of state school security director is created within the State Department of Education. The Commissioner of Education shall appoint the director based on experience, knowledge, and skills in the field of school security.
Source
Laws 2014, LB923, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,144 - State school security director; duties.

79-2,144.
State school security director; duties.
The state school security director appointed pursuant to section 79-2,143 shall be responsible for providing leadership and support for safety and security for the public schools. Duties of the director include, but are not limited to:
(1) Collecting safety and security plans, required pursuant to rules and regulations of the State Department of Education relating to accreditation of schools, and other school security information from each school system in Nebraska. School districts shall provide the state school security director with the safety and security plans of the school district and any other security information requested by the director, but any plans or information submitted by a school district may be withheld by the department pursuant to subdivision (9) of section 84-712.05;
(2) Recommending minimum standards for school security on or before January 1, 2016, to the State Board of Education;
(3) Conducting an assessment of the security of each public school building, which assessment shall be completed by August 31, 2019;
(4) Identifying deficiencies in school security based on the minimum standards adopted by the State Board of Education and making recommendations to school boards for remedying such deficiencies;
(5) Establishing security awareness and preparedness tools and training programs for public school staff;
(6) Establishing research-based model instructional programs for staff, students, and parents to address the underlying causes for violent attacks on schools;
(7) Overseeing behavioral and mental health training, with a focus on suicide awareness and prevention in public schools pursuant to section 79-2,146;
(8) Establishing tornado preparedness standards which shall include, but not be limited to, ensuring that every school conducts at least two tornado drills per year;
(9) Responding to inquiries and requests for assistance relating to school security from private, denominational, and parochial schools;
(10) Recommending curricular and extracurricular materials to assist school districts in preventing and responding to cyberbullying and digital citizenship issues; and
(11) Carrying out the department's responsibilities under the School Safety and Security Reporting System Act.
Source
Laws 2014, LB923, § 2;
Laws 2015, LB525, § 5;
Laws 2017, LB512, § 8;
Laws 2021, LB322, § 8;
Laws 2022, LB1246, § 4;
Laws 2023, LB705, § 76.
Operative Date: September 2, 2023
Cross References
School Safety and Security Reporting System Act, see section 79-3101.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,145 - Rules and regulations.

79-2,145.
Rules and regulations.
The State Board of Education, based on the recommendations of the state school security director appointed pursuant to section 79-2,143, may adopt and promulgate rules and regulations establishing minimum school security standards on or before July 1, 2016.
Source
Laws 2014, LB923, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,146 - Behavioral and mental health training; suicide awareness and prevention training; requirements.

79-2,146.
Behavioral and mental health training; suicide awareness and prevention training; requirements.
(1) Beginning in school year 2023-24, all public school employees who interact with students and any other appropriate personnel, as determined by the school superintendent, shall receive at least one hour of behavioral and mental health training with a focus on suicide awareness and prevention training each year. Such training may include, but need not be limited to, topics such as identification of early warning signs and symptoms of behavioral and mental health issues in students, appropriate and effective responses for educators to student behavioral and mental health issues, trauma-informed care, and procedures for making students and parents and guardians aware of services and supports for behavioral and mental health issues. This training shall be provided within the framework of existing inservice training programs offered by the State Department of Education or as part of required professional development activities.
(2) The department, in consultation with organizations including, but not limited to, the Nebraska State Suicide Prevention Coalition, the Nebraska chapter of the American Foundation for Suicide Prevention, the Behavioral Health Education Center of Nebraska, the National Alliance on Mental Illness Nebraska, and other organizations and professionals with expertise in behavioral and mental health and suicide prevention, shall develop a list of approved training materials to fulfill the requirements of subsection (1) of this section. Such materials shall include training on how to identify appropriate mental health services, both within the school and also within the larger community, and when and how to refer youth and their families to those services. Such materials may include programs that can be completed through self-review of suitable behavioral and mental health and suicide prevention materials.
(3) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2014, LB923, § 4;
Laws 2023, LB705, § 77.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,147 - Legislative findings.

79-2,147.
Legislative findings.
The Legislature finds that:
(1) Pediatric cancer is the number one cause of death due to disease in the United States for children from birth to fourteen years of age;
(2) Nebraska ranks fifth in the United States in incidence of pediatric cancer;
(3) Eighty percent of children with the most common types of pediatric cancer will survive but the majority of pediatric cancer survivors will have chronic medical conditions for the rest of their lives; and
(4) Pediatric cancer survivors returning to school after successful treatment have specific cognitive, behavioral, physical, developmental, and social impairments that must be accommodated in order for the survivors to achieve their full educational potential.
Source
Laws 2015, LB511, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,148 - Return-to-learn protocol; establishment.

79-2,148.
Return-to-learn protocol; establishment.
Each approved or accredited public, private, denominational, or parochial school shall establish a return-to-learn protocol for students returning to school after being treated for pediatric cancer. The return-to-learn protocol shall recognize that students who have been treated for pediatric cancer and returned to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff.
Source
Laws 2015, LB511, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,149 - Legislative findings.

79-2,149.
Legislative findings.
The Legislature finds and declares that:
(1) Pregnant and parenting students face enormous challenges to completing their education. The majority of young women who become pregnant in high school leave school which detrimentally impacts their financial, social, and educational future, as well as the future of their children;
(2) Schools have an obligation to keep pregnant and parenting students in school;
(3) Schools must remove overly restrictive or inflexible absence and leave policies so that pregnant students can attend prenatal medical appointments and parenting students can attend appointments for pediatric medical care, provide opportunities for students to make up school work or allow alternative education for students who become pregnant, and make accommodations for breast-feeding or milk expression; and
(4) Young women should not have to choose between completing their education and parenthood.
Source
Laws 2017, LB427, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,150 - School board; duties.

79-2,150.
School board; duties.
Beginning May 1, 2018, the school board of each school district shall adopt a written policy to be implemented at the start of the 2018-19 school year which provides for standards and guidelines to accommodate absences related to pregnancy and child care for pregnant and parenting students. Such policy shall include procedures and provisions in conformance with the minimum standards set forth in any model policy developed by the State Department of Education pursuant to section 79-2,151 or shall meet the minimum standards set forth in such section and may include any other procedures and provisions the school board deems appropriate.
Source
Laws 2017, LB427, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,151 - State Department of Education; model policy; contents.

79-2,151.
State Department of Education; model policy; contents.
On or before December 1, 2017, the State Department of Education may develop and distribute a model policy to encourage the educational success of pregnant and parenting students. At a minimum, such policy shall:
(1) Specifically identify procedures to anticipate and provide for student absences due to pregnancy and allow students to return to school and, if applicable, participate in extracurricular activities after pregnancy;
(2) Provide alternative methods to keep a pregnant or parenting student in school by allowing coursework to be accessed at home or accommodating tutoring visits, online courses, or a similar supplement to classroom attendance;
(3) Identify alternatives for accommodating lactation by providing students with private, hygienic spaces to express breast milk during the school day; and
(4) Establish a procedure for schools which do not have an in-school child care facility to assist student-parents by identifying child care providers for purposes of placing their children in child care facilities which, where possible, participate in the quality rating and improvement system and meet all of the quality rating criteria for at least a step-three rating pursuant to the Step Up to Quality Child Care Act and which collaborate with the school.
Source
Laws 2017, LB427, § 3.
Cross References
Step Up to Quality Child Care Act, see section 71-1952.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,152 - State Department of Education; powers.

79-2,152.
State Department of Education; powers.
In addition to the development of a model policy, the State Department of Education may offer training for teachers, counselors, and administrators on each school district's policy adopted under section 79-2,150 and the rights of pregnant and parenting students to receive equal access to education.
Source
Laws 2017, LB427, § 4.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,157 - Poster regarding reports of child abuse or neglect; authorized.

79-2,157.
Poster regarding reports of child abuse or neglect; authorized.
(1) Each public school in Nebraska may post in a clearly visible location in a public area of the school that is readily accessible to students a sign in English and Spanish, using terminology appropriate for posting in schools, that contains the statewide toll-free number established by the Department of Health and Human Services pursuant to section 28-711 to receive reports of child abuse or neglect. In lieu of displaying the poster, the school may post a link to the poster on its website.
(2) The State Department of Education may contract with an appropriate entity to create the poster described in subsection (1) of this section. The department shall ensure that schools have free and easy access to a digital image of such poster.
Source
Laws 2019, LB281, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,158 - Dress code and grooming policy; school board; adopt; enforcement; requirements.

79-2,158.
Dress code and grooming policy; school board; adopt; enforcement; requirements.
(1) On or before July 1, 2025, the school board of each school district shall adopt a written dress code and grooming policy to be implemented at the start of the 2025-26 school year that is consistent with the model policy developed by the State Department of Education in accordance with section 79-2,159 and may include any other procedures and provisions the school board deems appropriate.
(2) Enforcement of violations of the written dress code and grooming policy shall:
(a) Be treated as minor on the continuum of school rule violations and shall not constitute student conduct subject to long-term suspension, expulsion, or mandatory reassignment as provided in section 79-267;
(b) Not require the student to miss substantial classroom time, instruction time, or school activities; and
(c) Not, under any circumstance, allow an administrator, teacher, other member of the staff, or contractor to permanently or temporarily alter or cut a student's hair.
(3) No student shall be disproportionately affected by a dress code or grooming policy enforcement because of the student's gender, race, color, religion, disability, or national origin.
Source
Laws 2023, LB298, § 2.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-301 - State Department of Education; State Board of Education; Commissioner of Education; powers; duties; vacancy, absence, or incapacity; deputy commissioner; duties.

79-301.
State Department of Education; State Board of Education; Commissioner of Education; powers; duties; vacancy, absence, or incapacity; deputy commissioner; duties.
(1) The State Department of Education provided for in Article VII, section 2, of the Constitution of Nebraska shall consist of a State Board of Education and a Commissioner of Education. 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.
(2) The State Board of Education, acting as a unit, shall be the policy-forming, planning, and evaluative body for the state school program. Except in the appointment of a Commissioner of Education, the board shall deliberate and take action with the professional advice and counsel of the Commissioner of Education.
(3) The Commissioner of Education shall be the executive officer of the State Board of Education and the administrative head of the professional, technical, and clerical staff of the State Department of Education. The commissioner shall act under the authority of the State Board of Education. The commissioner shall have the responsibility for carrying out the requirements of law and of board policies, standards, rules, and regulations and for providing the educational leadership and services deemed necessary by the board for the proper conduct of the state school program. In the event of vacancy in office or the absence or incapacity of the Commissioner of Education, a deputy commissioner shall carry out any duties imposed by law upon the commissioner.
Source
Laws 1953, c. 320, § 1, p. 1053;
Laws 1971, LB 220, § 1;
R.S.1943, (1994), § 79-321;
Laws 1996, LB 900, § 129;
Laws 1997, LB 347, § 6;
Laws 2015, LB525, § 6.
Cross References
Surplus property of federal government, assist public schools in obtaining, see sections 81-910 to 81-912.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-302 - Regulations; reports; duty of department to prescribe.

79-302.
Regulations; reports; duty of department to prescribe.
The State Department of Education shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state. The department may establish procedures for submission of forms on electronic media or via telecommunications systems. The department may require the use of a personally identifiable number, which it will assign, on electronic data submissions in lieu of requiring authorized signatures on paper forms.
Source
Laws 1881, c. 78, subdivision VIII, § 5, p. 363;
R.S.1913, § 6902;
C.S.1922, § 6478;
C.S.1929, § 79-1605;
R.S.1943, § 79-1608;
Laws 1949, c. 256, § 28, p. 701;
Laws 1965, c. 513, § 1, p. 1633;
Laws 1993, LB 348, § 10;
R.S.1943, (1994), § 79-307;
Laws 1996, LB 900, § 130.
Annotations
Under former law, authority to make rules was an unconstitutional delegation of legislative authority. School Dist. No. 39 of Washington County v. Decker, 159 Neb. 693, 68 N.W.2d 354 (1955).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-302.01 - Statewide and school district data; access; State Department of Education; establish and maintain website.

79-302.01.
Statewide and school district data; access; State Department of Education; establish and maintain website.
The State Department of Education shall establish and maintain a website that allows the public to access statewide and school district data regarding, at a minimum: Total receipts and receipts classified by source as local, county, state, federal, or other; total expenditures and expenditures classified by functions as determined by the department; cost per pupil as determined pursuant to section 79-598; and performance as reported pursuant to section 79-760.06.
Source
Laws 2021, LB528, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-303 - State Department of Education Revolving Fund; created; use; investment.

79-303.
State Department of Education Revolving Fund; created; use; investment.
(1) The State Department of Education may provide for a system of charges for services rendered by the administrative support programs of the department to all other programs within the department. Such charges received for administrative support services shall be credited to the State Department of Education Revolving Fund, which fund is hereby created. Expenditures shall be made from such fund to finance the operation of the administrative support programs of the department in accordance with appropriations made by the Legislature.
(2) The Director of Administrative Services, upon receipt of proper vouchers approved by the Commissioner of Education, shall issue warrants out of the State Department of Education Revolving Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1978, LB 962, § 1;
Laws 1995, LB 7, § 88;
R.S.Supp.,1995, § 79-340;
Laws 1996, LB 900, § 131.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-304 - Commissioner of Education; qualifications.

79-304.
Commissioner of Education; qualifications.
The Commissioner of Education shall (1)(a) be a person of superior educational attainments, (b) have had many years of experience, (c) have demonstrated personal and professional leadership in the administration of public education, and (d) be eligible to qualify for the highest grade of school administrator certificate currently issued in the state or (2) possess a combination of education, skills, administrative experiences in public education, and other such qualifications as determined by the State Board of Education.
Source
Laws 1953, c. 320, § 11, p. 1059;
R.S.1943, (1994), § 79-331;
Laws 1996, LB 900, § 132;
Laws 2009, LB549, § 12.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-305 - Commissioner of Education; office; powers; duties.

79-305.
Commissioner of Education; office; powers; duties.
The Commissioner of Education as the executive officer of the State Board of Education shall: (1) Have an office in the city of Lincoln in which shall be housed the records of the State Board of Education and the State Department of Education, which records shall be subject at all times to examination by the Governor, the Auditor of Public Accounts, and committees of the Legislature; (2) keep the board currently informed and advised on the operation and status of all aspects of the educational program of the state under its jurisdiction; (3) prepare a budget for financing the activities of the board and the department, including the internal operation and maintenance of the department, and upon approval by the board administer the same in accordance with appropriations by the Legislature; (4) voucher the expenses of the department according to the rules and regulations prescribed by the board; (5) be responsible for promoting the efficiency, welfare, and improvement in the school system in the state and for recommending to the board such policies, standards, rules, and regulations as may be necessary to attain these purposes; (6) promote educational improvement by (a) outlining and carrying out plans and conducting essential activities for the preparation of curriculum and other materials, (b) providing necessary supervisory and consultative services, (c) holding conferences of professional educators and other civic leaders, (d) conducting research, experimentation, and evaluation of school programs and activities, and (e) in other ways assisting in the development of effective education in the state; (7) issue teachers' certificates according to the provisions of law and the rules and regulations prescribed by the board; and (8) attend or, in case of necessity, designate a representative to attend all meetings of the board except when the order of business of the board is the selection of a Commissioner of Education. None of the duties prescribed in this section or in section 79-306 prevent the commissioner from exercising such other duties as in his or her judgment and with the approval of the board are necessary to the proper and legal exercise of his or her obligations.
Source
Laws 1953, c. 320, § 12, p. 1059;
Laws 1979, LB 289, § 1;
R.S.1943, (1994), § 79-332;
Laws 1996, LB 900, § 133;
Laws 2009, LB549, § 13.
Cross References
Constitutional provisions:
Appointment, see Article VII, section 4, Constitution of Nebraska.
Board of Trustees of the Nebraska State Colleges, ex officio member, see Article VII, section 13, Constitution of Nebraska.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-306 - Commissioner of Education; State Department of Education; administrative head; duties.

79-306.
Commissioner of Education; State Department of Education; administrative head; duties.
The Commissioner of Education shall be the administrative head of the State Department of Education and as such shall (1) have the authority to delegate administrative and supervisory functions to the members of the staff of the department, (2) establish and maintain an appropriate system of personnel administration for the department, (3) prescribe such administrative rules and regulations as are necessary for the proper execution of duties and responsibilities placed upon him or her, (4) perform all duties prescribed by the Legislature in accordance with the policies adopted by the State Board of Education, and (5) faithfully execute the policies and directives of the State Board of Education.
Source
Laws 1953, c. 320, § 13, p. 1060;
R.S.1943, (1994), § 79-333;
Laws 1996, LB 900, § 134;
Laws 2009, LB549, § 14.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-307 - School districts; numbering.

79-307.
School districts; numbering.
The Commissioner of Education shall assign a number to each public school district within this state.
Source
Laws 1971, LB 528, § 1;
R.S.1943, (1987), § 79-312.01;
Laws 1988, LB 1142, § 3;
R.S.1943, (1994), § 79-301;
Laws 1996, LB 900, § 135.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-308 - Teacher's institutes and conferences; organization; supervision; grant funding to implement evaluation model and training.

79-308.
Teacher's institutes and conferences; organization; supervision; grant funding to implement evaluation model and training.
(1) The Commissioner of Education shall organize institutes and conferences at such times and places as he or she deems practicable. He or she shall, as far as practicable, attend such institutes and conferences, provide proper instructors for the same, and in other ways seek to improve the efficiency of teachers and advance the cause of education in the state.
(2) The Legislature finds that (a) an educator-effectiveness system includes a quality evaluation system with the primary goal of improving instruction and learning in every school district and (b) school districts have an opportunity to receive training on the quality evaluation models.
(3) Beginning with the 2016-17 school year through the 2020-21 school year, school districts may apply to the State Department of Education for grant funding for a period of up to two years to implement an evaluation model for effective educators and to obtain the necessary training for administrators and teachers for such model.
Source
Laws 1881, c. 78, subdivision VIII, § 2, p. 363;
R.S.1913, § 6899;
C.S.1922, § 6475;
C.S.1929, § 79-1602;
R.S.1943, § 79-1605;
Laws 1949, c. 256, § 25, p. 700;
R.S.1943, (1994), § 79-304;
Laws 1996, LB 900, § 136;
Laws 2015, LB525, § 7;
Laws 2021, LB528, § 22.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-309 - Public schools; duty to visit and supervise.

79-309.
Public schools; duty to visit and supervise.
The Commissioner of Education shall visit or cause to be visited such schools as he or she may have it in his or her power to do and witness and advise with teachers and school officers upon the manner in which they are conducted.
Source
Laws 1881, c. 78, subdivision VIII, § 3, p. 363;
R.S.1913, § 6900;
C.S.1922, § 6476;
C.S.1929, § 79-1603;
R.S.1943, § 79-1606;
Laws 1949, c. 256, § 26, p. 701;
R.S.1943, (1994), § 79-305;
Laws 1996, LB 900, § 137.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-309.01 - Commissioner of Education; duties; use of funds.

79-309.01.
Commissioner of Education; duties; use of funds.
(1) The Commissioner of Education shall use the separate accounting provided by the State Treasurer through 2020 under subdivision (1)(b) of section 79-1035 to determine the amount that is attributable to income from solar or wind agreements on school lands. This amount shall provide funds for the grants described in section 79-308 through the 2020-21 school year.
(2) On or before June 30, 2022, any unencumbered and unspent funds from any separate accounting provided by the State Treasurer under subdivision (1)(b) of section 79-1035 shall be transferred to the temporary school fund.
(3) For purposes of this section, agreement means any lease, easement, covenant, or other such contractual arrangement.
Source
Laws 2010, LB1014, § 1;
Laws 2012, LB828, § 19;
Laws 2015, LB525, § 8;
Laws 2021, LB528, § 23.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-310 - State Board of Education; members; election.

79-310.
State Board of Education; members; election.
The State Board of Education shall be composed of eight members who shall be elected as provided in section 32-511. The Commissioner of Education shall not be a member of the State Board of Education.
Source
Laws 1953, c. 320, § 2, p. 1054;
Laws 1967, c. 527, § 1, p. 1750;
Laws 1991, LB 619, § 1;
Laws 1994, LB 76, § 589;
R.S.1943, (1994), § 79-322;
Laws 1996, LB 900, § 138;
Laws 2009, LB549, § 15.
Cross References
Constitutional provisions:
Creation, Article VII, section 3, Constitution of Nebraska.
Membership, requirements, Article VII, section 3, Constitution of Nebraska.
Filing fees, see section 32-608.
Nomination, nonpolitical, see section 32-609.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-311 - State Board of Education; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.

79-311.
State Board of Education; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.
(1) For the purpose of section 79-310, the state is divided into eight districts. Each district shall be entitled to one member on the board.
(2) The numbers and boundaries of the districts are designated and established by maps identified and labeled as maps ED21-39003, ED21-39003-1, ED21-39003-2, ED21-39003-3, ED21-39003-4, ED21-39003-5, ED21-39003-6, ED21-39003-7, and ED21-39003-8, filed with the Clerk of the Legislature, and incorporated by reference as part of Laws 2021, LB7, One Hundred Seventh Legislature, First Special Session.
(3)(a) The Clerk of the Legislature shall transfer possession of the maps referred to in subsection (2) of this section to the Secretary of State on October 1, 2021.
(b) When questions of interpretation of district boundaries arise, the maps referred to in subsection (2) of this section in possession of the Secretary of State shall serve as the indication of the legislative intent in drawing the district boundaries.
(c) Each election commissioner or county clerk shall obtain copies of the maps referred to in subsection (2) of this section for the election commissioner's or clerk's county from the Secretary of State.
(d) The Secretary of State shall also have available for viewing on his or her website the maps referred to in subsection (2) of this section identifying the boundaries for the districts.
Source
Laws 1967, c. 527, § 2, p. 1751;
Laws 1971, LB 735, § 1;
Laws 1981, LB 554, § 1;
Laws 1991, LB 619, § 2;
R.S.1943, (1994), § 79-322.01;
Laws 1996, LB 900, § 139;
Laws 2001, LB 856, § 2;
Laws 2011, LB702, § 1;
Laws 2021, First Spec. Sess., LB7, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-312 - State Board of Education districts; population figures and maps; basis.

79-312.
State Board of Education districts; population figures and maps; basis.
For purposes of section 79-311, the Legislature adopts the official population figures and maps from the 2020 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.
Source
Laws 1971, LB 735, § 2;
Laws 1981, LB 554, § 2;
Laws 1991, LB 619, § 3;
R.S.1943, (1994), § 79-322.02;
Laws 1996, LB 900, § 140;
Laws 2001, LB 856, § 3;
Laws 2011, LB702, § 2;
Laws 2021, First Spec. Sess., LB7, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-313 - State Board of Education; members; qualifications.

79-313.
State Board of Education; members; qualifications.
No person shall be eligible to membership on the State Board of Education (1) who is actively engaged in the teaching profession, (2) who is a holder of any state office or a member of a state board or commission unless the board or commission is limited to an advisory capacity, or (3) unless he or she is a citizen of the United States, a resident of the state for a period of at least six months, and a resident of the district from which he or she is elected for a period of at least six months immediately preceding his or her election.
Source
Laws 1953, c. 320, § 3, p. 1054;
Laws 1994, LB 76, § 590;
R.S.1943, (1994), § 79-323;
Laws 1996, LB 900, § 141;
Laws 2001, LB 797, § 8;
Laws 2009, LB549, § 16.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-314 - State Board of Education; members; vacancies; how filled.

79-314.
State Board of Education; members; vacancies; how filled.
Vacancies occurring on the State Board of Education between one general election and another shall be filled by appointment by the Governor from among qualified persons residing in the district in which the vacancy occurs. Such appointments shall be in writing and continue for the unexpired term and until a successor is elected and qualified. The written appointment shall be filed with the Secretary of State.
Source
Laws 1953, c. 320, § 4, p. 1054;
Laws 1957, c. 124, § 24, p. 436;
R.S.1943, (1994), § 79-324;
Laws 1996, LB 900, § 142.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-315 - State Board of Education; members; officers; Commissioner of Education; appointment; term; removal; seal; powers.

79-315.
State Board of Education; members; officers; Commissioner of Education; appointment; term; removal; seal; powers.
The State Board of Education shall elect from its own membership a president and a vice president and otherwise organize itself for the conduct of business. It shall then consider the appointment of and contracting for a Commissioner of Education whose appointment may be for a period of three years. During such term the commissioner may be removed from office for the causes set forth in subdivision (2) of section 79-318. The commissioner shall be the secretary of the board. The board shall reorganize itself each two years at its first meeting in the next calendar year following a general election. The board shall constitute a body corporate to be known as the State Board of Education, and as such it shall adopt and make use of a common seal and may receive, hold, and use money and real and personal property for the benefit of the school system of the state.
Source
Laws 1953, c. 320, § 5, p. 1055;
Laws 1969, c. 707, § 1, p. 2711;
Laws 1971, LB 525, § 1;
Laws 1982, LB 654, § 1;
R.S.1943, (1994), § 79-325;
Laws 1996, LB 900, § 143.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-316 - State Board of Education; members; impeachment; grounds.

79-316.
State Board of Education; members; impeachment; grounds.
Members of the State Board of Education shall be liable to impeachment in the same manner and on the same grounds as other state officers.
Source
Laws 1953, c. 320, § 6, p. 1055;
Laws 1971, LB 421, § 1;
R.S.1943, (1994), § 79-326;
Laws 1996, LB 900, § 144.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-317 - State Board of Education; meetings; open to public; exceptions; compensation and expenses.

79-317.
State Board of Education; meetings; open to public; exceptions; compensation and expenses.
(1) The State Board of Education shall meet regularly and periodically in the office of the State Department of Education at least four times annually and at such other times and places as it may determine necessary for the proper and efficient conduct of its duties. All meetings shall be called in accordance with this section and the Open Meetings Act. Five members of the board shall constitute a quorum.
(2) The public shall be admitted to all meetings of the State Board of Education except to such closed sessions as the board may direct in accordance with the Open Meetings Act. The board shall cause to be kept a record of all public meetings and proceedings of the board. The commissioner, or his or her designated representative, shall be present at all meetings except when the order of business for the board is the selection of a Commissioner of Education.
(3) The members of the State Board of Education shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings or incurred in the performance of duties as directed by the board as provided in sections 81-1174 to 81-1177.
Source
Laws 1953, c. 320, § 7, p. 1055;
Laws 1971, LB 421, § 2;
Laws 1975, LB 325, § 7;
Laws 1981, LB 204, § 153;
R.S.1943, (1994), § 79-327;
Laws 1996, LB 900, § 145;
Laws 2004, LB 821, § 24;
Laws 2009, LB549, § 17;
Laws 2020, LB381, § 87.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-320 - State Board of Education; liability insurance; for whom.

79-320.
State Board of Education; liability insurance; for whom.
The State Board of Education has the authority to purchase and maintain insurance, on behalf of the Commissioner of Education or any person who is or was a member, officer, employee, or agent of the State Board of Education, against any liability asserted against him or her and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the State Board of Education would have the power to indemnify the individual against such liability under any other provision of law.
Source
Laws 1977, LB 146, § 1;
Laws 1981, LB 472, § 1;
R.S.1943, (1994), § 79-329.01;
Laws 1996, LB 900, § 148.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-405 - District; body corporate; powers; name.

79-405.
District; body corporate; powers; name.
Every duly organized school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, may sue and be sued, and may purchase, hold, and sell such personal and real estate as the law allows. The county in which the principal office of the school district is located together with the school district number assigned pursuant to section 79-307 shall constitute the corporate name of the school district, such as ........ County School District ....... .
Source
Laws 1881, c. 78, subdivision I, § 2, p. 331;
R.S.1913, § 6701;
C.S.1922, § 6239;
C.S.1929, § 79-102;
R.S.1943, § 79-102;
Laws 1949, c. 256, § 40, p. 706;
Laws 1961, c. 396, § 2, p. 1204;
Laws 1988, LB 1142, § 4;
R.S.1943, (1994), § 79-401;
Laws 1996, LB 900, § 154;
Laws 2005, LB 126, § 12;
Referendum 2006, No. 422.
Cross References
For recovery of public money, see section 77-2363.
Annotations
This section (formerly section 79-401) gives a school district the power to hold an easement in real estate. Robertson v. School Dist. No. 17 of Douglas County, 252 Neb. 103, 560 N.W.2d 469 (1997).
Territorial boundaries of school district are subject to change according to current educational needs and good educational principles. Halstead v. Rozmiarek, 167 Neb. 652, 94 N.W.2d 37 (1959).
Members of school board act in a representative capacity and not as individuals. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956).
A school district is a creature of statute, has no powers beyond those given by Legislature, and may contract only respecting objects and to extent laws permit. American Surety Co. v. School District No. 64 of Douglas County, 117 Neb. 6, 219 N.W. 583 (1928).
On appeal, district must give appeal bond. School Dist. No. 6 of Cass County v. Traver, 43 Neb. 524, 61 N.W. 720 (1895).
To state cause of action against school district, supposed indebtedness must be shown to have been lawfully incurred. School Dist. No. 16 of Hamilton County v. School Dist. No. 9 of Hamilton County, 12 Neb. 241, 11 N.W. 311 (1882).
Action on behalf of school district must be brought in name of district. Donnelly v. Duras, 11 Neb. 283, 9 N.W. 45 (1881).