reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2303 - Terms, defined.

85-2303.
Terms, defined.
For purposes of the In the Line of Duty Dependent Education Act:
(1) Associate degree program means a degree program at a community college, state college, or state university which typically requires completion of an organized program of study of at least sixty semester credit hours or an equivalent that can be shown to accomplish the same goal. Associate degree program does not include a baccalaureate degree program;
(2) Baccalaureate degree program means a degree program at a community college, state college, or state university which typically requires completion of an organized program of study of at least one hundred twenty semester credit hours or an equivalent that can be shown to accomplish the same goal;
(3) Child means a resident or nonresident of Nebraska who is the child by birth or adoption of a Nebraska law enforcement officer killed in the line of duty or a Nebraska firefighter killed in the line of duty;
(4) Community college means a public postsecondary educational institution which is part of the community college system and includes all branches and campuses of such institution located within the State of Nebraska;
(5) Education benefit means the In the Line of Duty Dependent Education Benefit established under section 85-2304;
(6) Fatal injury means an event occurring in the line of duty which is a proximate cause of the death of a law enforcement officer or firefighter;
(7) Firefighter means a member of a paid or volunteer fire department in Nebraska, including a member of a rescue squad associated with a paid or volunteer fire department in Nebraska, and a member of an emergency medical services ambulance squad;
(8) Law enforcement officer means any person who is responsible for the prevention or detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Nebraska or any political subdivision of the state for more than one hundred hours per year and who is authorized by law to make arrests;
(9) Line of duty means any action that a Nebraska law enforcement officer or firefighter is authorized or obligated by law, rule, or regulation to perform, related to or as a condition of employment or service;
(10) State college means a public postsecondary educational institution which is part of the Nebraska state college system and includes all branches and campuses of such institution located within the State of Nebraska;
(11) State university means a public postsecondary educational institution which is part of the University of Nebraska and includes all branches and campuses of such institution located within the State of Nebraska;
(12) Tuition and fees means the charges and cost of tuition and fees as set by the governing body of a state university, state college, or community college; and
(13) Volunteer fire department means a volunteer department as defined in section 35-1303 located in Nebraska which provides fire protection services within Nebraska.
Source
Laws 2009, LB206, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2305 - Procedures, rules, and regulations.

85-2305.
Procedures, rules, and regulations.
Each state university, state college, or community college shall adopt the procedures, rules, and regulations necessary to carry out the In the Line of Duty Dependent Education Act.
Source
Laws 2009, LB206, § 5.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2306 - Qualification for benefit; how treated.

85-2306.
Qualification for benefit; how treated.
A finding that a student qualifies for an education benefit pursuant to the In the Line of Duty Dependent Education Act shall not be admissible as evidence for any other purpose.
Source
Laws 2009, LB206, § 6.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2401 - Act, how cited.

85-2401.
Act, how cited.
Sections 85-2401 to 85-2428 shall be known and may be cited as the Postsecondary Institution Act.
Source
Laws 2011, LB637, § 1;
Laws 2017, LB512, § 28.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2402 - Purposes of act.

85-2402.
Purposes of act.
The purposes of the Postsecondary Institution Act are to ensure that minimum standards of operation are met by both private and out-of-state postsecondary institutions operating in Nebraska and to provide for consumer protection for students who enroll in higher education programs in this state.
Source
Laws 2011, LB637, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2404 - Act; administration; commission; powers.

85-2404.
Act; administration; commission; powers.
The commission shall administer the Postsecondary Institution Act. To fulfill the purposes of the act, the commission may request from any department, division, board, bureau, commission, or other agency of this state, and such entity shall provide, such information as the commission deems necessary to exercise its powers and perform its duties under the act.
Source
Laws 2011, LB637, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2405 - Commission; powers and duties.

85-2405.
Commission; powers and duties.
The commission has the following powers and duties:
(1) To establish levels for recurrent authorizations to operate based on institutional offerings;
(2) To receive, investigate as it may deem necessary, and act upon applications for a recurrent authorization to operate and applications to renew a recurrent authorization to operate;
(3) To establish reporting requirements by campus location either through the federal Integrated Postsecondary Education Data System, 20 U.S.C. 1094(a)(17), as such section existed on January 1, 2011, and 34 C.F.R. 668.14(b)(19), as such regulation existed on January 1, 2011, or directly to the commission for any postsecondary institution which has an authorization to operate;
(4) To maintain a list of postsecondary institutions which have authorization to operate, which list shall be made available to the public;
(5) After consultation with the State Department of Education regarding the potential impact of such agreement and any modifications thereto on Nebraska students who may participate in distance education offered by out-of-state private postsecondary career schools, to enter into interstate reciprocity agreements for the provision of postsecondary distance education across state boundaries;
(6) To administer interstate reciprocity agreements entered into pursuant to subdivision (5) of this section and to approve or disapprove, consistent with such agreements, participation in such agreements by postsecondary institutions that have their principal place of business in Nebraska and that choose to participate in such agreements;
(7) To establish a notification process when a postsecondary institution which has an authorization to operate changes its address or adds instructional sites within this state;
(8) To conduct site visits of postsecondary institutions to carry out the Postsecondary Institution Act;
(9) To establish fees for applications for a recurrent authorization to operate, applications to renew or modify a recurrent authorization to operate, and applications to participate or continue participation in an interstate postsecondary distance education reciprocity agreement, which fees shall be not more than the cost of reviewing and evaluating the applications;
(10) To receive, evaluate, approve, and pay claims pursuant to section 85-2426, assess for-profit postsecondary institutions pursuant to section 85-2423, and administer the Guaranty Recovery Cash Fund;
(11) To investigate any violations of the act by a postsecondary institution; and
(12) To adopt and promulgate rules, regulations, and procedures to administer the act and the Guaranty Recovery Cash Fund.
Source
Laws 2011, LB637, § 5;
Laws 2012, LB1104, § 14;
Laws 2013, LB331, § 4;
Laws 2014, LB967, § 27;
Laws 2017, LB512, § 30.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2406 - Rules and regulations; minimum standards; established.

85-2406.
Rules and regulations; minimum standards; established.
The commission shall adopt and promulgate rules and regulations to establish minimum standards according to which a postsecondary institution shall have a recurrent authorization to operate within the state, and upon failure to operate according to such standards, the postsecondary institution shall be subject to the suspension or revocation of the authorization to operate. An institution shall demonstrate that it can be maintained and operated in accordance with such standards. The standards shall include, but not be limited to:
(1) The financial soundness of the institution and its capability to fulfill its proposed commitments and sustain its operations;
(2) The quality and adequacy of teaching faculty, library services, and support services;
(3) The quality of the programs offered, including courses, programs of instruction, degrees, any necessary clinical placements, and the institution's ability to generate and sustain enrollment;
(4) The specific locations where programs will be offered or planned locations and a demonstration that facilities are adequate at the locations for the programs to be offered;
(5) Assurances regarding transfer of credits earned in the program to the main campus of such institution and clear and accurate representations about the transferability of credits to other institutions located in Nebraska and elsewhere;
(6) Whether such institution and, when appropriate, the program, are fully accredited, or seeking accreditation, by an accrediting body recognized by the United States Department of Education;
(7) The institution's policies and procedures related to students, including, but not limited to, recruiting and admissions practices;
(8) The tuition refund policy for an institution that does not participate in federal financial aid programs described in Title IV of the federal Higher Education Act of 1965, 20 U.S.C. 1001 et seq., as such act existed on January 1, 2011; and
(9) Any other standards deemed necessary by the commission.
Source
Laws 2011, LB637, § 6;
Laws 2012, LB1104, § 15.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2407 - Act; exemptions.

85-2407.
Act; exemptions.
The following are exempt from the Postsecondary Institution Act:
(1) Any institution or organization which offers education or instruction and which is licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff; or
(2) Any private postsecondary career school as defined in the Private Postsecondary Career School Act, except for purposes of interstate reciprocity agreements for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of section 85-2405.
Source
Laws 2011, LB637, § 7;
Laws 2014, LB967, § 28.
Cross References
Private Postsecondary Career School Act, see section 85-1601.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2408 - Postsecondary institution; authorization to operate required.

85-2408.
Postsecondary institution; authorization to operate required.
Except as provided in section 85-2407, no postsecondary institution shall operate in the State of Nebraska by establishing a physical presence in this state until it has received an authorization to operate by the commission.
Source
Laws 2011, LB637, § 8;
Laws 2012, LB1104, § 16.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2409 - Postsecondary institution; charge for tuition or fees; loans; prohibited acts.

85-2409.
Postsecondary institution; charge for tuition or fees; loans; prohibited acts.
No postsecondary institution with an authorization to operate under the Postsecondary Institution Act shall charge tuition or fees for more than one academic term or require a student to sign loan documents for more than one academic year.
Source
Laws 2011, LB637, § 9;
Laws 2012, LB1104, § 17.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2413 - Recurrent authorization to operate; form; contents.

85-2413.
Recurrent authorization to operate; form; contents.
A recurrent authorization to operate shall be in a form approved by the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of the authorization to operate;
(2) The full and correct name and address of the institution authorized to operate;
(3) The authority for authorization to operate and the conditions thereof; and
(4) Any limitation of authorization to operate as deemed necessary by the commission.
Source
Laws 2011, LB637, § 13;
Laws 2012, LB1104, § 19.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2414 - Suspension or revocation of recurrent authorization to operate; procedure; hearing; commission; powers.

85-2414.
Suspension or revocation of recurrent authorization to operate; procedure; hearing; commission; powers.
Any postsecondary institution with a recurrent authorization to operate which ceases to meet any of the requirements of the Postsecondary Institution Act, any rules or regulations adopted and promulgated under the act, or any terms or conditions specified by the commission for authorization to operate under the act shall be notified in writing of any such specific deficiency by certified mail. A hearing shall be scheduled requiring the institution to show cause why the authorization to operate should not be suspended or revoked. The hearing shall be held according to the Administrative Procedure Act. After the hearing, if the commission determines that any requirements, rules or regulations, or terms and conditions have been violated, the commission may suspend or revoke the recurrent authorization to operate or may require action as a condition of continued authorization.
Source
Laws 2011, LB637, § 14;
Laws 2012, LB1104, § 20.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2415 - Recurrent authorization to operate or authorization to operate on a continuing basis; nontransferable; change in ownership; application for new recurrent authorization; failure to apply; effect.

85-2415.
Recurrent authorization to operate or authorization to operate on a continuing basis; nontransferable; change in ownership; application for new recurrent authorization; failure to apply; effect.
The recurrent authorization to operate or authorization to operate on a continuing basis shall be issued to the owner or governing body of the postsecondary institution and shall be nontransferable. If there is a change in ownership, as defined by the commission in rules and regulations, the new owner or governing body shall, within thirty days after the change of ownership, apply for a new recurrent authorization to operate under the Postsecondary Institution Act, and if the institution fails to apply within such time period, the original authorization to operate shall terminate. An application for a new recurrent authorization to operate may be deemed an application for renewal of the institution's original authorization, except that such renewal shall be given in the form of a recurrent authorization to operate even if the original authorization was an authorization to operate on a continuing basis. Verification that all student records are transferred intact and in good condition to the new owner shall accompany the application.
Source
Laws 2011, LB637, § 15;
Laws 2012, LB1104, § 21.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2416 - Recurrent authorization to operate; renewal or request to operate on continuing basis.

85-2416.
Recurrent authorization to operate; renewal or request to operate on continuing basis.
At least ninety days prior to the expiration of its recurrent authorization to operate, a postsecondary institution shall complete and file with the commission an application form for renewal of its recurrent authorization to operate or a request for an authorization to operate on a continuing basis. Financial stability information shall accompany the application.
Source
Laws 2011, LB637, § 16;
Laws 2012, LB1104, § 22.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2417 - Commission decision; aggrieved party; right to hearing and review; procedure; notice; judicial review.

85-2417.
Commission decision; aggrieved party; right to hearing and review; procedure; notice; judicial review.
(1) Any institution denied a recurrent authorization to operate, a renewal of a recurrent authorization to operate, or an authorization to operate on a continuing basis by the commission shall have the right to a hearing and a review of such decision by the commission. If upon written notification of a denial the aggrieved party desires a hearing and review, such party shall notify the commission in writing within ten business days after receipt of notice by the commission. If the aggrieved party does not notify the commission pursuant to this section, the action shall be deemed final. Upon receipt of such notice from the aggrieved party, the commission shall fix the time and place for a hearing and shall notify the aggrieved party of such by certified mail. The hearing shall be conducted according to the Administrative Procedure Act.
(2) A decision of the commission following such hearing shall be deemed final subject to the right of judicial review provided in the Administrative Procedure Act. All matters presented at any such hearing shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, regulation, order, sanction, relief, or denial thereof.
Source
Laws 2011, LB637, § 17;
Laws 2012, LB1104, § 23.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2418 - Complaint authorized; commission; hearing; notice; cease and desist order; additional actions authorized.

85-2418.
Complaint authorized; commission; hearing; notice; cease and desist order; additional actions authorized.
(1) Any person claiming damage or loss as a result of any act or practice by a postsecondary institution which is a violation of the Postsecondary Institution Act, of the rules and regulations adopted and promulgated under the act, or of standards established pursuant to section 85-2406 may file with the commission a complaint against such institution. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the commission by the executive director or the Attorney General.
(2) If efforts by the commission to resolve the complaint are not successful and if the commission deems it appropriate, the commission may hold a hearing on such complaint after ten days' written notice by certified mail, return receipt requested, to such institution, giving notice of a time and place for the hearing on such complaint. Such hearing shall be conducted in accordance with the Administrative Procedure Act. If, upon all evidence at the hearing, the commission finds that a postsecondary institution has engaged in or is engaging in any act or practice which violates the Postsecondary Institution Act, the rules and regulations adopted and promulgated under the act, or the standards established pursuant to section 85-2406, the commission shall issue and cause to be served upon such institution an order requiring such institution to cease and desist from such act or practice. The commission may also, as appropriate, based on its own investigation or the evidence adduced at such hearing or both, commence an action:
(a) To revoke an institution's recurrent authorization to operate; or
(b) To refer the complaint and all related evidence to the Attorney General.
Source
Laws 2011, LB637, § 18;
Laws 2012, LB1104, § 24.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2419 - Final commission action; appeal.

85-2419.
Final commission action; appeal.
Any person aggrieved or adversely affected by any final commission action may appeal such action. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2011, LB637, § 19.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2420 - Enforcement of act; Attorney General or county attorney; powers.

85-2420.
Enforcement of act; Attorney General or county attorney; powers.
The Attorney General or the county attorney of the county in which a postsecondary institution is located, at the request of the commission or on his or her own accord, may bring any appropriate action or proceeding in any court of competent jurisdiction to enforce the Postsecondary Institution Act.
Source
Laws 2011, LB637, § 20.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2421 - Violations of act; commission; petition for injunction; additional remedies.

85-2421.
Violations of act; commission; petition for injunction; additional remedies.
If it appears to the commission that any entity is or has been violating the Postsecondary Institution Act or any of the rules, regulations, or orders of the commission, the commission may file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against such entity for the purpose of enjoining such violation or for an order directing compliance with the act and any rules, regulations, and orders. The commission shall not be required to allege or prove that there is no adequate remedy at law. The right of injunction provided in this section shall be in addition to any other legal remedy which the commission may possess and shall be in addition to any right of criminal prosecution provided by law. The commission shall not obtain a temporary restraining order without notice to the entity affected. The pendency of commission action with respect to alleged violations shall not operate as a bar to an action for injunctive relief pursuant to this section.
Source
Laws 2011, LB637, § 21.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2422 - Guaranty Recovery Cash Fund; established; use; investment.

85-2422.
Guaranty Recovery Cash Fund; established; use; investment.
The Guaranty Recovery Cash Fund is hereby established. The fund shall receive assessments imposed by the commission pursuant to section 85-2423 and shall be used by the commission to pay claims authorized pursuant to section 85-2426. 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. Any interest earned on the money in the fund shall accrue to the fund.
Source
Laws 2017, LB512, § 31.
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 › 85-2423 - Commission; assess for-profit postsecondary institution; failure to comply; effect.

85-2423.
Commission; assess for-profit postsecondary institution; failure to comply; effect.
(1) The commission shall annually assess each for-profit postsecondary institution one-tenth of one percent of the prior school year’s gross tuition revenue until the Guaranty Recovery Cash Fund reaches the minimum fund level. The fund shall be maintained at a minimum fund level of two hundred fifty thousand dollars and a maximum fund level of five hundred thousand dollars. At any time when the fund drops below the minimum fund level, the commission may resume the assessment. Funds in excess of the maximum fund level shall be used as directed by the commission to provide grants or scholarships for students attending for-profit postsecondary institutions in Nebraska.
(2) The commission shall require documentation from each for-profit postsecondary institution to verify the tuition revenue collected by the institution and to determine the amount of the assessment under this section.
(3) Any for-profit postsecondary institution applying for an initial recurrent authorization to operate shall not be assessed under this section for the first year of operation but shall be assessed each year thereafter for four years or until the fund reaches the minimum fund level, whichever occurs last, and shall maintain the surety bond or other security required by section 85-2424.
(4) If a for-profit postsecondary institution fails to comply with this section, its authorization to operate shall be subject to revocation.
(5) The commission shall remit all funds collected pursuant to this section to the State Treasurer for credit to the Guaranty Recovery Cash Fund.
Source
Laws 2017, LB512, § 32.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2424 - Bond or other security agreement.

85-2424.
Bond or other security agreement.
Until the Guaranty Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-2423, when an application is made for an initial recurrent authorization to operate, the commission may require any for-profit postsecondary institution making such application to file with the commission a good and sufficient surety bond or other security agreement in a penal amount deemed satisfactory by the commission. Such bond or other security shall cover both principal and branch facilities. The bond or agreement shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in the state. The bond or agreement shall be conditioned to provide indemnification to any student or enrollee or his or her parent or guardian determined to have suffered loss or damage by the termination of operations by the for-profit postsecondary institution. The surety shall pay any final judgment rendered by any court of this state having jurisdiction upon receipt of written notification of the judgment. Regardless of the number of years that such bond or agreement is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond or agreement. The bond or agreement may be continuous.
Source
Laws 2017, LB512, § 33.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2425 - Release of bond or other security agreement.

85-2425.
Release of bond or other security agreement.
(1) Until the Guaranty Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-2423, the bond or other security agreement of an institution provided for in section 85-2424 shall cover the period of the recurrent authorization to operate except when a surety is released as provided in this section.
(2) A bond or other security agreement filed under section 85-2424 may be released after such surety serves written notice on the commission thirty days prior to the release. Such release shall not discharge or otherwise affect any claim previously or subsequently filed by a student or enrollee or his or her parent or guardian provided for in section 85-2426 for the termination of operations by the for-profit postsecondary institution during the term for which tuition has been paid while the bond or agreement was in force.
(3) During the term of the bond or agreement and upon forfeiture of the bond or agreement, the commission retains a property interest in the surety’s guarantee of payment under the bond or agreement which is not affected by the bankruptcy, insolvency, or other financial incapacity of the operator or principal on the bond or agreement.
Source
Laws 2017, LB512, § 34.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2426 - Guaranty Recovery Cash Fund; use; claim.

85-2426.
Guaranty Recovery Cash Fund; use; claim.
(1) The money in the Guaranty Recovery Cash Fund shall be used in the following order of priority:
(a) To reimburse any student injured by the termination of operations by a for-profit postsecondary institution on or after September 1, 2017, for the cost of tuition and fees. A student injured by the termination of operations by a for-profit postsecondary institution means (i) a student who has paid tuition and fees to the institution for which classes were offered but not finished due to termination of operations, (ii) a student who has paid tuition and fees to the institution for which classes were not offered and no refunds were made, and (iii) a student who ceased to be enrolled in classes at an institution while the institution was in operation and to whom a refund of unearned tuition and fees became due from the institution after the institution terminated operations and no refunds were made within the institution’s required time period following the student’s withdrawal from the institution;
(b) To reimburse any former student of a for-profit postsecondary institution that has terminated operations on or after September 1, 2017, for the cost of obtaining such student’s student records;
(c) To reimburse the University of Nebraska for reasonable expenses directly associated with the storage and maintenance of academic records pursuant to sections 85-173 and 85-174 of those students adversely affected by termination of operations by a for-profit postsecondary institution; and
(d) To reimburse the Nebraska Opportunity Grant Fund for any funds distributed to a for-profit postsecondary institution for an academic term that was not completed by students receiving awards under the Nebraska Opportunity Grant Act due to the termination of operations by a for-profit postsecondary institution after September 1, 2017, to the extent such funds are not returned to the Nebraska Opportunity Grant Fund by the for-profit postsecondary institution.
(2) No claim shall be allowed unless the claim is submitted within one year after the termination of operations by the for-profit postsecondary institution and there are sufficient funds available in the Guaranty Recovery Cash Fund to pay the claim.
Source
Laws 2017, LB512, § 35.
Cross References
Nebraska Opportunity Grant Act, see section 85-1901.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2427 - Reference to Guaranty Recovery Cash Fund authorized.

85-2427.
Reference to Guaranty Recovery Cash Fund authorized.
A for-profit postsecondary institution may include references to the Guaranty Recovery Cash Fund in advertising or information provided to students or prospective students. Any such reference shall clearly describe the protection and limitations prescribed in section 85-2426 and the relevant rules and regulations adopted and promulgated by the commission.
Source
Laws 2017, LB512, § 36.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2428 - Commission; report; contents.

85-2428.
Commission; report; contents.
On or before November 1 of each year, the commission shall submit electronically a report to the Governor and the Legislature containing:
(1) The number of claims made against the Guaranty Recovery Cash Fund;
(2) The institutions against which the claims are made;
(3) The number of claims that are approved and the associated payouts from the funds;
(4) The number of claims that are denied; and
(5) The amount of money in the Guaranty Recovery Cash Fund used to reimburse the Nebraska Opportunity Grant Fund.
Source
Laws 2017, LB512, § 37.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2501 - Department of Health and Human Services; establish program to provide stipends; funding; application process.

85-2501.
Department of Health and Human Services; establish program to provide stipends; funding; application process.
To facilitate improved quality in the work of employees providing child welfare services, the Department of Health and Human Services, in collaboration with accredited social work education programs at Nebraska's colleges and universities, shall establish a program to provide stipends for undergraduate and graduate social work students enrolled in such colleges and universities who are committed to working in the field of child welfare services. Funds available under Title IV-E of the federal Social Security Act, as such act existed on January 1, 2015, shall be used to pay for such stipends. The department and the governing boards of such colleges and universities shall develop an application process for eligible students and, based on the amount of funds available, shall determine the amount of such stipend to be awarded to each eligible student. The department and the governing boards may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2015, LB199, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2601 - Act, how cited.

85-2601.
Act, how cited.
Sections 85-2601 to 85-2606 shall be known and may be cited as the First Responder Recruitment and Retention Act.
Source
Laws 2016, LB906, § 1;
Laws 2023, LB727, § 107.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2602 - Terms, defined.

85-2602.
Terms, defined.
For purposes of the First Responder Recruitment and Retention Act:
(1) Associate degree program means a degree program at a community college, state college, or state university which typically requires completion of an organized program of study of at least sixty semester credit hours or an equivalent that can be shown to accomplish the same goal. Associate degree program does not include a baccalaureate degree program;
(2) Baccalaureate degree program means a degree program at a community college, state college, or state university which typically requires completion of an organized program of study of at least one hundred twenty semester credit hours or an equivalent that can be shown to accomplish the same goal;
(3) Community college means a public postsecondary educational institution which is part of the community college system and includes all branches and campuses of such institution located within the State of Nebraska;
(4) Law enforcement officer means any person who is responsible for the prevention or detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Nebraska or any political subdivision of the state for more than one hundred hours per year and who is authorized by law to make arrests;
(5) Law enforcement agency means a police department in a municipality, a sheriff's office, and the Nebraska State Patrol;
(6) Professional firefighter means a firefighter or firefighter-paramedic who is a member of a paid fire department of a municipality or a rural or suburban fire protection district in this state, including a municipality having a home rule charter or a municipal authority created pursuant to a home rule charter that has its own paid fire department, and for whom firefighting is a full-time career;
(7) State college means a public postsecondary educational institution which is part of the Nebraska state college system and includes all branches and campuses of such institution located within the State of Nebraska;
(8) State university means a public postsecondary educational institution which is part of the University of Nebraska and includes all branches and campuses of such institution located within the State of Nebraska; and
(9) Tuition means the charges and cost of tuition as set by the governing body of a state university, state college, or community college.
Source
Laws 2016, LB906, § 2;
Laws 2023, LB727, § 108.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2604 - State university, state college, or community college; procedures, rules, and regulations.

85-2604.
State university, state college, or community college; procedures, rules, and regulations.
Each state university, state college, or community college shall adopt and promulgate the procedures, rules, and regulations necessary to carry out the First Responder Recruitment and Retention Act.
Source
Laws 2016, LB906, § 4;
Laws 2023, LB727, § 111.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2605 - Legal dependent; agreement; terms; residency requirement.

85-2605.
Legal dependent; agreement; terms; residency requirement.
(1) Each legal dependent who is a tuition waiver recipient under the First Responder Recruitment and Retention Act shall execute an agreement with the state. Such agreement shall be exempt from the requirements of sections 73-501 to 73-510 and shall include the following terms, as appropriate:
(a) The tuition waiver recipient agrees to reside within the State of Nebraska for a period of five years following the use of the tuition waiver;
(b) Each year during the five-year period following use of the tuition waiver the tuition waiver recipient agrees to file a tax return with the Department of Revenue to document that such recipient still resides in the State of Nebraska;
(c) If the tuition waiver recipient fails to annually file a tax return to prove residency in the State of Nebraska for the five-year period following the use of the tuition waiver or fails to remain a resident of Nebraska for the five-year period following the use of the tuition waiver, the tuition waiver recipient agrees to repay the community college, state college, or state university that such tuition waiver recipient attended the amount of tuition that was waived for such individual if the community college, state college, or state university requests such payment on the dates and in the amounts requested; and
(d) Any residency, filing, or payment obligation incurred by the tuition waiver recipient under the First Responder Recruitment and Retention Act is canceled in the event of the tuition recipient's total and permanent disability or death.
(2) The five-year residency requirement begins to run after use of the first tuition waiver and:
(a) Completion of the five-year tuition waiver eligibility;
(b) Completion of an undergraduate degree at a state college or state university;
(c) Completion of a two-year degree at a community college and notification by the tuition waiver recipient to the Department of Revenue that such recipient does not intend to pursue an undergraduate degree or additional two-year degree using tuition waivers pursuant to the First Responder Recruitment and Retention Act; or
(d) Notification by the tuition waiver recipient to the Department of Revenue that such recipient does not plan to use additional tuition waivers pursuant to the First Responder Recruitment and Retention Act.
Source
Laws 2023, LB727, § 112.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2606 - Department of Revenue; powers and duties.

85-2606.
Department of Revenue; powers and duties.
The Department of Revenue shall administer and enforce the First Responder Recruitment and Retention Act and may adopt and promulgate rules and regulations to carry out the First Responder Recruitment and Retention Act.
Source
Laws 2023, LB727, § 113.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2701 - Act, how cited.

85-2701.
Act, how cited.
Sections 85-2701 to 85-2705 shall be known and may be cited as the Veteran and Active Duty Supportive Postsecondary Institution Act.
Source
Laws 2019, LB486, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2702 - Terms, defined.

85-2702.
Terms, defined.
For purposes of the Veteran and Active Duty Supportive Postsecondary Institution Act:
(1) Department means the Department of Veterans' Affairs;
(2) Director means the Director of Veterans' Affairs;
(3) Military student means a student who serves on active duty in the armed forces of the United States other than active duty for training;
(4) Postsecondary institution has the same meaning as in section 85-2403; and
(5) Veteran student means a student who served on active duty in the armed forces of the United States other than active duty for training.
Source
Laws 2019, LB486, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2703 - Veteran and Active Duty Supportive; designation; department; establish process; criteria; duties.

85-2703.
Veteran and Active Duty Supportive; designation; department; establish process; criteria; duties.
(1) The department shall establish a process for a postsecondary institution to apply to the director to be designated as Veteran and Active Duty Supportive.
(2) To be eligible to be designated as Veteran and Active Duty Supportive, a postsecondary institution shall meet at least five of the following criteria, with respect to its operations in this state:
(a) The institution shall have personnel specifically trained and assigned to work with military students and veteran students;
(b) The institution shall have a student organization that is dedicated to helping veterans, active duty military, and their families;
(c) The institution shall give college credit for certain types of military training;
(d) The institution shall have a military leave-of-absence policy;
(e) The institution shall have counseling and advising services for military students and veteran students;
(f) The institution shall have an accredited Reserve Officer Training Corps program;
(g) The institution shall have clearly identifiable on its website a listing of services provided to military students and veteran students; and
(h) The institution shall specially recognize military students and veteran students during graduation or in other ways which are intended to demonstrate the institution's respect for such students' service.
(3) The department shall maintain on its website a list of postsecondary institutions designated as Veteran and Active Duty Supportive pursuant to this section.
Source
Laws 2019, LB486, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2704 - Designation; period valid; renewal.

85-2704.
Designation; period valid; renewal.
A designation as Veteran and Active Duty Supportive under section 85-2703 shall be valid for a term of three years. A postsecondary institution may apply to the director to renew its designation through a process established by the department.
Source
Laws 2019, LB486, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2705 - Rules and regulations.

85-2705.
Rules and regulations.
The department may adopt and promulgate rules and regulations necessary to carry out the Veteran and Active Duty Supportive Postsecondary Institution Act.
Source
Laws 2019, LB486, § 5.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2801 - Act, how cited.

85-2801.
Act, how cited.
Sections 85-2801 to 85-2805 shall be known and may be cited as the Meadowlark Act.
Source
Laws 2019, LB610, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2802 - Terms, defined.

85-2802.
Terms, defined.
For purposes of the Meadowlark Act:
(1) Contribution means a donation which is made for the purpose of providing a source of funding for the Meadowlark Program established in section 85-2804;
(2) Eligible educational institution has the same meaning as in section 85-1802;
(3) Nebraska educational savings plan trust has the same meaning as in section 85-1802;
(4) Qualified higher education expenses has the same meaning as in section 85-1802; and
(5) Qualified individual means an individual born on or after January 1, 2020, who is a resident of this state at the time of birth.
Source
Laws 2019, LB610, § 2;
Laws 2020, LB1042, § 6;
Laws 2021, LB528, § 66.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2803 - Meadowlark Endowment Fund; established; investment; restrictions; State Treasurer; powers and duties.

85-2803.
Meadowlark Endowment Fund; established; investment; restrictions; State Treasurer; powers and duties.
(1) There is hereby established in the state treasury a trust fund to be known as the Meadowlark Endowment Fund. The fund shall be administered by the State Treasurer and shall consist of qualified private contributions and any amounts appropriated or transferred to the fund by the Legislature. No General Funds shall be transferred to the Meadowlark Endowment 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. No portion of the principal of the fund shall be expended for any purpose except investment pursuant to this subsection.
(2) The State Treasurer may accept contributions and shall credit all such contributions received either to the Meadowlark Endowment Fund or to accounts opened under the Meadowlark Program, at the direction of the donor. Such contributions shall not be used to pay expenses associated with attending kindergarten through grade twelve.
(3) On or before April 1 of each year, the State Treasurer shall determine the total amount of contributions received under subsection (2) of this section in the previous calendar year and shall transfer an equal amount from the College Savings Plan Expense Fund or the Unclaimed Property Trust Fund, as determined by the State Treasurer, to the Meadowlark Endowment Fund or to accounts opened under the Meadowlark Program. For any amount transferred from the College Savings Plan Expense Fund or the Unclaimed Property Trust Fund that is not being transferred to the Meadowlark Endowment Fund, the State Treasurer shall evenly distribute such amount to the accounts opened under the Meadowlark Program in the previous calendar year.
Source
Laws 2019, LB610, § 3;
Laws 2020, LB1042, § 7;
Laws 2021, LB528, § 67;
Laws 2021, LB532, § 11.
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 › 85-2901 - Act, how cited.

85-2901.
Act, how cited.
Sections 85-2901 to 85-2905 shall be known and may be cited as the Veteran Promise Act.
Source
Laws 2021, LB669, § 1.