reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1201 - Act, how cited.

85-1201.
Act, how cited.
Sections 85-1201 to 85-1210 shall be known and may be cited as the Nebraska Collegiate Athletic Association Procedures Act.
Source
Laws 1990, LB 397, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1202 - Legislative findings.

85-1202.
Legislative findings.
The Legislature hereby finds and declares that:
(1) The National Collegiate Athletic Association is a national unincorporated association consisting of public and private colleges and universities and is a private monopolist that controls intercollegiate athletics throughout the United States;
(2) The National Collegiate Athletic Association adopts rules governing member institutions' admissions, academic eligibility, and financial aid standards for collegiate athletes;
(3) A member must agree contractually to administer its athletic program in accordance with National Collegiate Athletic Association legislation;
(4) National Collegiate Athletic Association rules provide that association enforcement procedures are an essential part of the intercollegiate athletic program of each member institution;
(5) The National Collegiate Athletic Association exercises great power over member institutions by virtue of its monopolistic control of intercollegiate athletics and its power to prevent a nonconforming institution from competing in intercollegiate athletic events or contests;
(6) Substantial monetary loss, serious disruption of athletic programs, and significant damage to reputation may result from the imposition of penalties on a college or university by the National Collegiate Athletic Association for what the association determines to be a violation of its rules; and
(7) Because of such potentially serious and far reaching consequences, all proceedings which may result in the imposition of any penalty by the National Collegiate Athletic Association should be subject to the requirements of due process of law.
Source
Laws 1990, LB 397, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1203 - Due process required; when.

85-1203.
Due process required; when.
Every stage and facet of all proceedings of a collegiate athletic association, college, or university that may result in the imposition of a penalty for violation of such association's rule or legislation shall comply with due process of law as guaranteed by the Constitution of Nebraska and the laws of Nebraska.
Source
Laws 1990, LB 397, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1204 - Imposition of penalty for violation of rule; requirements.

85-1204.
Imposition of penalty for violation of rule; requirements.
No collegiate athletic association shall impose a penalty on any college or university for violation of such association's rule or legislation in violation of the due process requirements of the Nebraska Collegiate Athletic Association Procedures Act.
Source
Laws 1990, LB 397, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1205 - Imposition of penalty for failure to take disciplinary action; requirements.

85-1205.
Imposition of penalty for failure to take disciplinary action; requirements.
No collegiate athletic association shall impose a penalty on any college or university for failure to take disciplinary action against an employee or student for violation of such association's rule or legislation in violation of the due process requirements of the Nebraska Collegiate Athletic Association Procedures Act.
Source
Laws 1990, LB 397, § 5.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1206 - Violation; proceedings authorized; prohibited acts.

85-1206.
Violation; proceedings authorized; prohibited acts.
A collegiate athletic association that violates the Nebraska Collegiate Athletic Association Procedures Act shall be liable to the aggrieved college or university in an action at law, suit in equity, or other proper proceeding for redress. No penalty shall be threatened against or imposed upon an aggrieved college or university for seeking redress pursuant to this section.
Source
Laws 1990, LB 397, § 6.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1207 - Violation; liability; computation of amount.

85-1207.
Violation; liability; computation of amount.
In addition to costs and a reasonable attorney's fee, a collegiate athletic association that violates the Nebraska Collegiate Athletic Association Procedures Act shall be liable to the aggrieved college or university for an amount equal to one hundred percent of the monetary loss per year or portion of a year suffered during the period that any monetary loss occurs due to a penalty imposed in violation of the act. For purposes of calculating monetary loss, one hundred percent of the yearly loss shall be equal to the gross amount realized by the affected athletic program during the immediately preceding calendar year.
Source
Laws 1990, LB 397, § 7.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1208 - Employee or student; proceedings authorized; prohibited acts.

85-1208.
Employee or student; proceedings authorized; prohibited acts.
A collegiate athletic association, college, or university which subjects, or causes to be subjected, any employee or student to a penalty in violation of the Nebraska Collegiate Athletic Association Procedures Act shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. No penalty shall be threatened against or imposed upon an aggrieved party for seeking redress pursuant to this section. In addition to any other relief granted, an aggrieved employee or student shall be awarded costs and a reasonable attorney's fee.
Source
Laws 1990, LB 397, § 8.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1209 - Penalty imposed; judicial review.

85-1209.
Penalty imposed; judicial review.
Any penalty imposed by any collegiate athletic association, college, or university shall be subject to judicial review in the district court.
Source
Laws 1990, LB 397, § 9.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1210 - Act; remedies cumulative.

85-1210.
Act; remedies cumulative.
The remedies provided in the Nebraska Collegiate Athletic Association Procedures Act are cumulative and in addition to any other remedies provided by law.
Source
Laws 1990, LB 397, § 10.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1302 - Midwestern Higher Education Commission; members; terms; vacancies.

85-1302.
Midwestern Higher Education Commission; members; terms; vacancies.
Notwithstanding any provision of Article II of the Midwestern Higher Education Compact, members of the Midwestern Higher Education Commission residing in Nebraska shall be as follows: (1) The Governor or his or her designee who shall serve during the tenure of office of the Governor; (2) two members of the Legislature selected by the Executive Board of the Legislative Council; and (3) two members appointed by the Governor representing higher education, at least one of whom shall be a member of the statewide Coordinating Commission for Postsecondary Education. The director of such coordinating commission shall serve as an ex officio member of the Midwestern Higher Education Commission. Length of terms of the members appointed pursuant to subdivision (3) of this section shall be as provided in Article II of the compact for at-large members. Vacancies shall be filled as provided in such article.
Source
Laws 1991, LB 209, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1401 - Act, how cited.

85-1401.
Act, how cited.
Sections 85-1401 to 85-1420 shall be known and may be cited as the Coordinating Commission for Postsecondary Education Act.
Source
Laws 1991, LB 663, § 4;
Laws 1999, LB 816, § 10;
Laws 2015, LB661, § 38.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1403 - Coordinating Commission for Postsecondary Education; established.

85-1403.
Coordinating Commission for Postsecondary Education; established.
The Coordinating Commission for Postsecondary Education is hereby established. The commission shall, under the direction of the Legislature, be vested with the authority for the coordination of public institutions in Nebraska as provided in Article VII, section 14, of the Constitution of Nebraska and the Coordinating Commission for Postsecondary Education Act.
Source
Laws 1991, LB 663, § 6.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1404 - Commission; purposes; powers and duties.

85-1404.
Commission; purposes; powers and duties.
The purposes of the Coordinating Commission for Postsecondary Education established by Article VII, section 14, of the Constitution of Nebraska and section 85-1403 shall be to (1) develop an ongoing comprehensive statewide plan for the operation of an educationally and economically sound, vigorous, progressive, and coordinated system of postsecondary education, (2) identify and enact policies to meet the educational, research, and public service needs of the state, and (3) effect the best use of available resources through the elimination of unnecessary duplication of programs and facilities among Nebraska's public institutions.
In carrying out its powers and duties, the commission shall consider the need for diversity of public institutions and the need for addressing regional needs but shall above all reflect a commitment to a perspective in decisionmaking and planning for postsecondary education which will best serve the state as a whole consistent with the role and mission assignment of each public institution.
The commission shall work with the public institutions to encourage and sustain their aspirations consistent with the comprehensive statewide plan and in a manner designed to achieve a vision of statewide postsecondary education. The commission shall not be an advocate for any one public institution but shall strive for a balance and responsiveness among all public institutions.
Source
Laws 1991, LB 663, § 7.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1405 - Commission; membership; terms.

85-1405.
Commission; membership; terms.
The commission shall consist of eleven members who shall be appointed by the Governor with the approval of a majority of the Legislature. One member shall be chosen from each of the six Supreme Court judicial districts. Five members shall be chosen on a statewide basis. The term of each member shall be six years or until a successor is qualified and takes office, except that of the members initially appointed, two statewide members and the members appointed from districts 1 and 2 shall serve for terms of two years and two statewide members and the members appointed from districts 3 and 4 shall serve for terms of four years. Members shall be residents of the state or district from which appointed, and no member or any member of his or her immediate family shall be employed by or be a member of a governing board or of a governing body of an independent or private university or college.
Source
Laws 1991, LB 663, § 8;
Laws 1994, LB 683, § 16.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1406 - Commission; vacancies.

85-1406.
Commission; vacancies.
If any vacancy occurs during the term of a member of the commission, the Governor shall make an appointment to fill the vacancy for the remainder of the term. If the appointment is made when the Legislature is in session, the appointment shall be subject to the approval of a majority of the Legislature. If the appointment is made when the Legislature is not in session, the appointee shall serve with all rights and authority of the office until the approval or disapproval of the appointment is considered by the next session of the Legislature following the appointment.
Source
Laws 1991, LB 663, § 9.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1407 - Commission; removal of members by Governor; procedure.

85-1407.
Commission; removal of members by Governor; procedure.
Members may be removed by the Governor for cause but only after delivering to the member a copy of the charges and affording him or her an opportunity to be publicly heard in person, or by counsel, in his or her own defense upon not less than ten days' notice. Such hearing shall be held before the Governor. When a member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such member and the findings thereon together with the complete record of the proceedings.
Source
Laws 1991, LB 663, § 10.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1408 - Commission; members; expenses.

85-1408.
Commission; members; expenses.
Members of the commission shall receive no compensation for the performance of their duties but shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1991, LB 663, § 11;
Laws 2020, LB381, § 139.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1409 - Commission; officers; meetings; quorum.

85-1409.
Commission; officers; meetings; quorum.
(1) The members of the commission shall annually elect a chairperson and vice-chairperson from among their members.
(2) The commission shall hold regular meetings at times determined by the commission. Special or additional meetings may be held on the call of the chairperson or upon the call of at least three members. A majority of the members shall constitute a quorum at all meetings. Commission action on any item shall require a majority of those present at meetings in which there is a quorum, except that adoption of the comprehensive statewide plan, or any changes or alternatives thereto, required by section 85-1413 and approval or disapproval of a new program or disapproval of an existing program pursuant to section 85-1414 shall require the concurrence of a majority of the members.
Source
Laws 1991, LB 663, § 12;
Laws 1994, LB 683, § 17;
Laws 1999, LB 816, § 12;
Laws 2006, LB 196, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1410 - Commission; duties.

85-1410.
Commission; duties.
In carrying out its duties, the commission shall:
(1) Encourage initiatives and collaboration between public institutions, public state and local entities, and private state and local entities to increase the contribution of postsecondary education in advancing Nebraska's economy;
(2) Encourage the governing boards and administrators of public institutions to review instructional practices, curriculum design and content, and related academic considerations to facilitate improvements that enhance the quality of education in the state;
(3) Encourage the interaction of public institutions with elementary and secondary educational institutions to facilitate joint planning initiatives regarding matters such as prior and subsequent learning practices and content, class or credit agreements for high school students enrolling in college-level programs, and shared instructional assignments; and
(4) Develop only those programs, activities, or functions (a) authorized by Article VII, section 14, of the Constitution of Nebraska or the Coordinating Commission for Postsecondary Education Act or (b) as directed by the Legislature. The commission, at its discretion, may develop programs, activities, or functions requested by the Legislature or the Governor. The commission may not direct any public institution to undertake any action unless authorized by Article VII, section 14, of the Constitution of Nebraska or the Coordinating Commission for Postsecondary Education Act.
Source
Laws 1991, LB 663, § 13;
Laws 1999, LB 816, § 13.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1411 - Commission; executive director, employees, consultants; compensation; recruitment expenses; rules and regulations; duties.

85-1411.
Commission; executive director, employees, consultants; compensation; recruitment expenses; rules and regulations; duties.
To assist it in carrying out its duties, the commission shall:
(1) Employ an executive director and all other employees of the office of the commission and hire consultants as may be necessary and prescribe their duties;
(2) Except as may be provided pursuant to the State Employees Collective Bargaining Act, fix the compensation of the officers and employees of the office and provide benefits for all present or future employees of the commission, including retirement benefits, group life insurance, group hospital-medical insurance, and group long-term disability income insurance;
(3) Pay expenses for the recruitment of administrative and professional personnel for the commission; and
(4) Adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act or as otherwise provided in the Coordinating Commission for Postsecondary Education Act to carry out the Coordinating Commission for Postsecondary Education Act and the powers and duties of the commission, except that for sections 85-1402 and 85-1413 to 85-1416, the provisions in section 84-908 for approval of the adoption, amendment, or repeal of any rule or regulation by the Governor shall not apply.
Source
Laws 1991, LB 663, § 14.
Cross References
Administrative Procedure Act, see section 84-920.
State Employees Collective Bargaining Act, see section 81-1369.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1417 - Reports to commission; form.

85-1417.
Reports to commission; form.
Each public institution may file with the commission a copy of any report filed with any other state agency. The filing shall be either in an electronic format compatible with the commission's computer system or a paper copy. A public institution may respond to any requests for information from the commission by providing the commission with the exact location of the information within a report that has previously been filed with the commission.
Source
Laws 1999, LB 816, § 18.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1418 - Program or capital construction project; state funds; restrictions on use; district court of Lancaster County; jurisdiction; appeals; procedure.

85-1418.
Program or capital construction project; state funds; restrictions on use; district court of Lancaster County; jurisdiction; appeals; procedure.
(1) No state warrant shall be issued by the Department of Administrative Services or used by any public institution for the purpose of funding any program or capital construction project which has not been approved or which has been disapproved by the commission pursuant to the Coordinating Commission for Postsecondary Education Act. If state funding for any such program or project cannot be or is not divided into warrants separate from other programs or projects, the department shall reduce a warrant to the public institution which includes funding for the program or project by the amount of tax funds designated by the Legislature which are budgeted in that fiscal year by the public institution for use for the program or project.
(2) The district court of Lancaster County shall have jurisdiction to enforce an order or decision of the commission entered pursuant to the Coordinating Commission for Postsecondary Education Act and to enforce this section.
(3) Any person or public institution aggrieved by a final order of the commission entered pursuant to section 85-1413, 85-1414, or 85-1416 shall be entitled to judicial review of the order. Proceedings for review shall be instituted by filing a petition in the district court of Lancaster County within thirty days after public notice of the final decision by the commission is given. The filing of the petition or the service of summons upon the commission shall not stay enforcement of such order. The review shall be conducted by the court without a jury on the record of the commission. The court shall have jurisdiction to enjoin enforcement of any order of the commission which is (a) in violation of constitutional provisions, (b) in excess of the constitutional or statutory authority of the commission, (c) made upon unlawful procedure, or (d) affected by other error of law.
(4) A party may secure a review of any final judgment of the district court by appeal to the Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals in civil cases and shall be heard de novo on the record.
Source
Laws 1991, LB 663, § 21;
Laws 1992, LB 360, § 40;
Laws 1993, LB 239, § 22;
Laws 2007, LB342, § 39;
Laws 2010, LB1072, § 5;
Laws 2011, LB59, § 4;
Laws 2012, LB946, § 14;
Laws 2013, LB211, § 2;
Laws 2014, LB546, § 6;
Laws 2019, LB3, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1419 - Coordinating Commission for Postsecondary Education Cash Fund; created; use; investment.

85-1419.
Coordinating Commission for Postsecondary Education Cash Fund; created; use; investment.
There is hereby created the Coordinating Commission for Postsecondary Education Cash Fund. The fund shall contain money received from application fees from out-of-state institutions of higher and postsecondary education seeking authorization to offer courses and programs in the State of Nebraska and from private colleges seeking provisional accreditation and money received by the commission for services rendered incident to the administration of its statutory or contractual functions. The fund shall be expended for the administrative costs of reviewing applications, publishing and duplicating reports, coordinating studies, conducting conferences, and other related activities as may be authorized by the Legislature or by contract, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. All such money received by the commission shall be remitted to the State Treasurer for credit to the Coordinating Commission for Postsecondary Education Cash Fund. A report on the receipts and expenditures from the fund shall be included as a part of the operating budget request submitted to the Legislature and the Governor. 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 1991, LB 663, § 22;
Laws 1994, LB 683, § 23;
Laws 1994, LB 1066, § 138;
Laws 2009, First Spec. Sess., LB3, § 94.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1420 - Coordinating Commission for Postsecondary Education Trust Fund; created; use; investment.

85-1420.
Coordinating Commission for Postsecondary Education Trust Fund; created; use; investment.
There is hereby created the Coordinating Commission for Postsecondary Education Trust Fund. The fund shall serve as a revolving fund to receive grants from foundations, institutions, or individuals for specific studies which are a part of the powers and duties of the commission or for the administration of privately endowed scholarship programs for students attending Nebraska institutions. The grant money shall be used only for purposes specified in the grant. A report of the findings of any studies done pursuant to the grants shall be included as a part of the operating budget request submitted to the Legislature and the Governor. 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 1991, LB 663, § 23;
Laws 1994, LB 683, § 24;
Laws 1994, LB 1066, § 139;
Laws 1999, LB 816, § 19.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1421 - Legislative intent.

85-1421.
Legislative intent.
The Legislature hereby declares that it is the intent and purpose of sections 85-1421 to 85-1427 to provide for a state-level uniform information system for all public postsecondary education systems and institutions which will:
(1) Provide for a coordinated state-level information base regarding the activities of the public postsecondary education systems and institutions;
(2) Insure that the Legislature and other state and federal agencies obtain timely and accurate information concerning the programs, personnel, students, finances, and facilities of the state's postsecondary education systems and institutions;
(3) Maintain procedures for the uniform definition and reporting of information;
(4) Avoid unnecessary, duplicative, and conflicting information requests by state-level agencies through the uniform definition and collection of data elements, identification of data necessary for annual reporting to the state, and development of uniform and comparable data classification systems;
(5) Provide information users and suppliers an opportunity to cooperatively maintain a uniform information system; and
(6) Maintain an information base to support state-level planning, budgeting, and performance evaluation activities for postsecondary education.
Source
Laws 1978, LB 897, § 1;
R.S.1943, (1987), § 85-968;
Laws 1994, LB 683, § 25.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1422 - Terms, defined.

85-1422.
Terms, defined.
For purposes of sections 85-1421 to 85-1427:
(1) Commission shall mean the Coordinating Commission for Postsecondary Education; and
(2) Information system shall mean the uniform information system established by such sections and known as the Nebraska Educational Data System.
Source
Laws 1978, LB 897, § 2;
Laws 1991, LB 663, § 106;
Laws 1992, LB 988, § 18;
R.S.Supp.,1992, § 85-969;
Laws 1994, LB 683, § 26.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1423 - Commission; postsecondary education information system; duties.

85-1423.
Commission; postsecondary education information system; duties.
The commission shall maintain a comprehensive state-level public postsecondary education information system. After consulting with the governing boards or their designated representatives, the commission shall:
(1) Identify the state-level information to be reported on an annual or periodic basis regarding each postsecondary system's and institution's programs, personnel, finances, students, and facilities utilization and inventory;
(2) Identify the data elements for which information will be collected and reported to the state;
(3) Identify the information classification formats to be used by the postsecondary systems and institutions in presenting program, financial, student, facility, personnel, and audit information;
(4) Identify the data-collection, reporting, and auditing procedures for the information system; and
(5) Identify a procedure for updating the information system to meet changing conditions.
Source
Laws 1978, LB 897, § 3;
R.S.1943, (1987), § 85-970;
Laws 1994, LB 683, § 27;
Laws 1999, LB 816, § 20.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1424 - Commission; verification and reporting duties.

85-1424.
Commission; verification and reporting duties.
The commission shall:
(1) Review and verify all information submitted by public postsecondary systems and institutions as part of the Integrated Postsecondary Education Data System and make such corrections in the submitted information as are necessary; and
(2) Prepare and disseminate an annual report of the information submitted by each public postsecondary system and institution and those private postsecondary educational institutions willing to cooperate as part of the Integrated Postsecondary Education Data System.
Source
Laws 1978, LB 897, § 7;
Laws 1984, LB 290, § 8;
Laws 1988, LB 927, § 3;
Laws 1991, LB 663, § 109;
R.S.Supp.,1992, § 85-974;
Laws 1994, LB 683, § 28.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1425 - Commission; solicit advice.

85-1425.
Commission; solicit advice.
The commission shall provide ongoing means for information suppliers and users to advise the commission in carrying out sections 85-1421 to 85-1427.
Source
Laws 1978, LB 897, § 8;
Laws 1985, LB 421, § 5;
Laws 1991, LB 663, § 110;
R.S.Supp.,1992, § 85-975;
Laws 1994, LB 683, § 29.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1426 - Postsecondary education system and institution; report.

85-1426.
Postsecondary education system and institution; report.
Each public postsecondary education system and institution shall report information as required by the commission pursuant to sections 85-1421 to 85-1427.
Source
Laws 1978, LB 897, § 9;
Laws 1991, LB 663, § 111;
R.S.Supp.,1992, § 85-976;
Laws 1994, LB 683, § 30.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1427 - Commission; administrative duties.

85-1427.
Commission; administrative duties.
In order to carry out its responsibilities under sections 85-1421 to 85-1427, the commission shall:
(1) Periodically meet and confer with officials of the state and its political subdivisions having responsibility for postsecondary education services;
(2) Consult with and utilize the services of any office, department, or agency of the state; and
(3) Employ such personnel as may be necessary to assist it in the performance of its duties.
Source
Laws 1978, LB 897, § 12;
Laws 1991, LB 663, § 114;
R.S.Supp.,1992, § 85-979;
Laws 1994, LB 683, § 31.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1428 - Economic expansion and diversification; postsecondary education priorities; legislative findings.

85-1428.
Economic expansion and diversification; postsecondary education priorities; legislative findings.
The Legislature finds that:
(1) Expansion and diversification of Nebraska's economy is necessary in order to sustain essential public services sponsored or aided by the state;
(2) Increasing the number of Nebraskans with high levels of educational attainment is essential to support economic expansion and diversification;
(3) In order to increase the number of Nebraskans with high levels of educational attainment, the state's postsecondary education system shall include, but not be limited to, the following key priorities that were identified by the LR 174 Task Force of 2003:
(a) Increasing the number of students who enter postsecondary education in Nebraska;
(b) Increasing the percentage of students who enroll and successfully complete a degree; and
(c) Reducing, eliminating, and then reversing the net out-migration of Nebraskans with high levels of educational attainment; and
(4) Unprecedented collaboration and cooperation between and among educational institutions and sectors will be necessary to develop community, regional, and statewide strategies to achieve progress toward these priorities and to assist the state in serving Nebraska students and allowing them to reach their academic caliber.
Source
Laws 2006, LB 962, § 7.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1429 - Commission; report on higher education priorities.

85-1429.
Commission; report on higher education priorities.
On or before March 15 of each year, the Coordinating Commission for Postsecondary Education shall provide electronically to the Legislature a report that evaluates progress toward attainment of the priorities listed in subdivision (3) of section 85-1428.
Source
Laws 2006, LB 962, § 8;
Laws 2012, LB782, § 239;
Laws 2015, LB99, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1501 - Declaration of intent and purpose.

85-1501.
Declaration of intent and purpose.
The Legislature hereby declares that for a community college to be truly responsible to the people it serves, primary control of such colleges shall be placed in the citizens within the local area so served subject to coordination by the Coordinating Commission for Postsecondary Education. It is the intent and purpose of sections 85-1501 to 85-1540 to create locally governed and locally supported community college areas with the major educational emphasis on occupational education. Each community college area is intended to be an independent, local, unique, and vital segment of postsecondary education separate from both the established elementary and secondary school system and from other institutions of postsecondary education and is not to be converted into a four-year, baccalaureate-degree-granting institution.
Source
Laws 1975, LB 344, § 1;
Laws 1988, LB 802, § 29;
Laws 1991, LB 663, § 44;
R.S.Supp.,1992, § 79-2636;
Laws 1993, LB 239, § 23;
Laws 1997, LB 269, § 66.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1501.01 - Financing; legislative intent.

85-1501.01.
Financing; legislative intent.
The Legislature recognizes the need for and importance of a strong partnership with the community colleges to assure the continued economic growth of the state. In recognition of that partnership, the Legislature affirms that community colleges should be financed through a funding partnership from property tax, state aid, tuition and fees, and other sources of revenue.
Source
Laws 1997, LB 269, § 67;
Laws 2012, LB946, § 15.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1502 - Area governance and statewide coordination; legislative intent; voluntary membership in boards or associations of community colleges; section, how construed.

85-1502.
Area governance and statewide coordination; legislative intent; voluntary membership in boards or associations of community colleges; section, how construed.
(1) It is the intent of the Legislature that a clear distinction between area governance and statewide coordination for the community college areas be recognized and that such coordination is appropriate in order to provide the most cost-effective programs for residents of each community college area. It is further the intent of the Legislature that coordination of the community colleges by the Coordinating Commission for Postsecondary Education be conducted as provided in Article VII, section 14, of the Constitution of Nebraska and the Coordinating Commission for Postsecondary Education Act. It is further the intent of the Legislature that such coordination not be conducted through a board or association representing all the community colleges and that membership in any boards or associations of community colleges be voluntary.
(2) The board of governors of any community college area may pay from college funds an amount to be determined by the board of governors for membership in boards or associations of community colleges.
(3) Nothing in this section shall be construed to require or provide for state control of the operations of any community college area or to abridge the governance ability, rights, or responsibilities of any board. Nothing in this section shall be construed to limit the ability or authority of the commission to fulfill its responsibilities and duties regarding the individual community college areas and the individual community college area campuses.
Source
Laws 1991, LB 625, § 1;
Laws 1991, LB 663, § 46;
R.S.Supp.,1992, § 79-2636.01;
Laws 1993, LB 239, § 24;
Laws 2004, LB 821, § 43;
Laws 2010, LB1072, § 6;
Laws 2013, LB211, § 3.
Cross References
Coordinating Commission for Postsecondary Education Act, see section 85-1401.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1504 - Community college areas, designated.

85-1504.
Community college areas, designated.
The state is hereby divided into six community college areas as follows:
(1) The Western Community College Area shall consist of the following counties: Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Banner, Kimball, Morrill, Cheyenne, Garden, Deuel, and Grant and the voting districts of Merriam, Russell, King, Mother Lake, Cody, Barley, Gillaspie, Lackey, and Calf Creek in Cherry County as such voting districts existed on July 1, 1975;
(2) The Mid-Plains Community College Area shall consist of the following counties: Cherry except as provided in subdivision (1) of this section, Hooker, Thomas, Blaine, Loup, Arthur, McPherson, Logan, Custer, Keith, Lincoln, Perkins, Chase, Hayes, Frontier, Dundy, Hitchcock, and Red Willow;
(3) The Northeast Community College Area shall consist of the following counties: Keya Paha, Brown, Rock, Boyd, Holt, Garfield, Wheeler, Knox, Cedar, Antelope, Pierce, Madison, Wayne, Stanton, Dixon, Dakota, Thurston, Burt, and Cuming and the precincts of North Oakland, South Oakland, Ashland, North Branch, Shell Creek, and Midland in Boone County as such precincts existed on July 1, 1975;
(4) The Central Community College Area shall consist of the following counties: Valley, Greeley, Platte, Colfax, Sherman, Howard, Nance, Merrick, Polk, Butler, Dawson, Buffalo, Hall, Hamilton, Gosper, Phelps, Kearney, Adams, Clay, Furnas, Harlan, Franklin, Webster, and Nuckolls and all of Boone County except as provided in subdivision (3) of this section;
(5) The Southeast Community College Area shall consist of the following counties: Saunders, Cass, York, Seward, Lancaster, Otoe, Fillmore, Saline, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, and Richardson; and
(6) The Metropolitan Community College Area shall consist of the following counties: Dodge, Washington, Douglas, and Sarpy.
Source
Laws 1975, LB 344, § 3;
R.S.1943, (1987), § 79-2638;
Laws 1993, LB 239, § 26;
Laws 1999, LB 596, § 1.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1505 - Community college area; body corporate.

85-1505.
Community college area; body corporate.
Each community college area shall constitute a body corporate and as such may sue and be sued.
Source
Laws 1975, LB 344, § 4;
R.S.1943, (1987), § 79-2639;
Laws 1993, LB 239, § 27.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1506 - Community College Board of Governors; membership.

85-1506.
Community College Board of Governors; membership.
Each community college area shall be governed by a board composed of eleven members. The governing boards shall be known as the Community College Board of Governors for the community college area the board serves.
Source
Laws 1975, LB 344, § 5;
Laws 1988, LB 802, § 31;
R.S.Supp.,1992, § 79-2640;
Laws 1993, LB 239, § 28.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1507 - Boards; officers; quorum required to perform duties.

85-1507.
Boards; officers; quorum required to perform duties.
Each board shall annually elect from among its members a chairperson and a vice-chairperson, each to serve for one year. The board shall appoint a secretary and a treasurer, and one person may hold both such offices. A majority of the members of the board shall constitute a quorum, and no action shall be taken by less than a majority of the members present and voting, except that approval of employee contracts and the appropriation of money from the funds of the community college area shall be by the affirmative vote of a majority of elected members of the board. For purposes of this section, appropriation shall mean the adoption or modification of budgets for the community college area.
Source
Laws 1975, LB 344, § 6;
R.S.1943, (1987), § 79-2641;
Laws 1993, LB 239, § 29;
Laws 1995, LB 372, § 1.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1508 - Community college area officers and employees; bond.

85-1508.
Community college area officers and employees; bond.
The officers and employees of a community college area authorized to handle funds shall furnish and maintain a corporate surety bond in an amount, in a form, and with sureties approved by the board. A copy of such bond shall be filed with the Secretary of State. The premium on such bond shall be paid by the community college.
Source
Laws 1975, LB 344, § 8;
R.S.1943, (1987), § 79-2643;
Laws 1993, LB 239, § 30.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1509 - Board; members; expenses; insurance coverage.

85-1509.
Board; members; expenses; insurance coverage.
(1) Members of a board shall not receive a per diem. The board may reimburse members for expenses incurred while carrying out their duties. Mileage expenses shall be computed at the rate provided in section 81-1176. Sections 81-1174, 81-1175, and 81-1177 shall serve as guidelines for the board when determining allowable expenses and reimbursement for such expenses.
(2) A board may permit its members to participate in any hospitalization, medical, surgical, accident, sickness, or term life insurance coverage offered to the employees of such community college area. A board member electing to participate in any such insurance coverage shall pay both the employee and the employer portions of the premium for such insurance coverage. A board which opts to permit its members to participate in insurance coverage pursuant to this subsection shall report quarterly at a meeting of the board a list of the board members who have elected to participate in such insurance coverage. The list shall be made available in the office of the board for review by the public upon request.
Source
Laws 1993, LB 239, § 31;
Laws 2019, LB256, § 1;
Laws 2020, LB381, § 140.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1512 - Boards; establish election districts; nomination and election of members; qualifications.

85-1512.
Boards; establish election districts; nomination and election of members; qualifications.
Each board shall divide the community college area into five election districts as nearly equal in population as may be practicable and shall transmit the appropriate information pertaining to such election districts to the Secretary of State and to the appropriate election officials within the area. Board members shall be nominated and elected as provided in section 32-514. To be eligible for membership on the board, a person shall be a registered voter and shall have been a resident of the area for six months and, for members representing a district, a resident of the district for six months. No person shall be eligible for membership on a community college board of governors who is an elected or appointed member of any other board relating to education. No member of a community college board of governors shall be employed by the community college area for which he or she serves as a board member. Each member elected to represent a district shall be a resident of the district.
Source
Laws 1975, LB 344, § 11;
Laws 1981, LB 446, § 35;
R.S.1943, (1987), § 79-2646;
Laws 1993, LB 239, § 34;
Laws 1994, LB 76, § 612;
Laws 2013, LB135, § 1.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1514 - Vacancy on board; procedure to fill; qualifications of member filling vacancy.

85-1514.
Vacancy on board; procedure to fill; qualifications of member filling vacancy.
(1) In addition to the events listed in section 32-560, a vacancy on any board shall exist in the event of the removal of a board member from the community college area for board members elected at large or community college district for board members elected by district. After notice and hearing, a vacancy shall also exist when any board member is absent from more than three consecutive regular meetings of the board unless such absences are excused by a majority of the remaining board members. In the event of a vacancy from any of such causes or otherwise, such vacancy shall be filled by the remaining board members for the balance of the unexpired term. Any person so named to fill a vacancy shall have the same qualifications as his or her immediate predecessor. Such appointment shall be made in writing and certified to the office of the Secretary of State.
(2) If after a primary election there is a vacancy upon the ballot, such vacancy shall be filled by a petition candidate pursuant to section 32-625.
(3) An incumbent shall not be permitted to hold over the term, but such office shall automatically become vacant and an appointment shall be made within one calendar month to fill such vacancy for the ensuing term. If there are vacancies in the offices of a majority of the members of the board, the Secretary of State shall conduct a special election to fill such vacancies.
Source
Laws 1975, LB 344, § 12;
Laws 1986, LB 887, § 1;
Laws 1989, LB 640, § 11;
R.S.Supp.,1992, § 79-2647;
Laws 1993, LB 239, § 36;
Laws 1994, LB 76, § 613;
Laws 2002, LB 251, § 7.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).