reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1812 - Benefits received; tax consequences.

85-1812.
Benefits received; tax consequences.
(1) For federal income tax purposes, the Nebraska educational savings plan trust shall be considered a qualified state tuition program exempt from taxation pursuant to section 529 of the Internal Revenue Code. The trust meets the requirements of section 529(b) of the Internal Revenue Code as follows:
(a) Pursuant to section 85-1806, a participant may make contributions to an account which is established for the purpose of meeting the qualified higher education expenses of the designated beneficiary of the account or, in the case of a qualified education loan payment, the designated beneficiary of the account or a sibling of the designated beneficiary;
(b) Pursuant to section 85-1806, a maximum contribution level is established;
(c) Pursuant to section 85-1807, a separate account is established for each beneficiary;
(d) Pursuant to section 85-1807, contributions may only be made in the form of cash;
(e) Pursuant to section 85-1807, a participant or beneficiary shall not provide investment direction regarding program contributions or earnings held by the trust;
(f) Penalties are provided on distributions of earnings which are: (i) Not used for qualified higher education expenses of the beneficiary or, in the case of a qualified education loan payment, the beneficiary or a sibling of the beneficiary; (ii) made on account of the death of the designated beneficiary if the distribution is not transferred to another beneficiary or paid to the estate of the beneficiary; (iii) not made on account of the permanent disability or mental incapacity of the designated beneficiary; or (iv) made due to scholarship, allowance, or payment receipt in excess of the scholarship, allowance, or payment receipt; and
(g) Pursuant to section 85-1809, a participant shall not pledge any interest in the trust as security for a loan.
(2) State income tax treatment of the Nebraska educational savings plan trust shall be as provided in section 77-2716.
(3) For purposes of federal gift and generation-skipping transfer taxes, contributions to an account are considered a completed gift from the contributor to the beneficiary.
Source
Laws 2000, LB 1003, § 12;
Laws 2012, LB1104, § 11;
Laws 2022, LB864, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1813 - Assets of trust; how treated.

85-1813.
Assets of trust; how treated.
The assets of the Nebraska educational savings plan trust, including the program fund and excluding the administrative fund and the expense fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the participants and beneficiaries. No property rights in the trust shall exist in favor of the state. Assets of the trust, including the program fund, the administrative fund, and the expense fund, shall not be transferred or used by the state for any purposes other than the purposes of the trust.
Source
Laws 2000, LB 1003, § 13;
Laws 2010, LB197, § 7;
Laws 2019, LB52, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1814 - Sections; how construed.

85-1814.
Sections; how construed.
Nothing in sections 85-1801 to 85-1813 shall be deemed to prohibit both resident and nonresident participants and designated beneficiaries from being eligible to participate in and benefit from the Nebraska educational savings plan trust and program. It is the intent of the Legislature that funds and income credited to the program fund are fully portable and may be used at any eligible educational institution.
Source
Laws 2000, LB 1003, § 14;
Laws 2012, LB1104, § 12.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1815 - College Savings Incentive Cash Fund; created; use; investment.

85-1815.
College Savings Incentive Cash Fund; created; use; investment.
(1) The College Savings Incentive Cash Fund is created. The fund shall be administered by the State Treasurer and shall be used to provide incentive payments under the Employer Matching Contribution Incentive Program established in section 85-1816 and to provide matching scholarships under the College Savings Plan Low-Income Matching Scholarship Program established in section 85-1817. The State Treasurer shall accept contributions from any private individual or private entity and shall credit all such contributions received to the College Savings Incentive Cash Fund for the purpose of providing an ongoing source of funding for the College Savings Plan Low-Income Matching Scholarship Program. The matching contributions for which incentive payments are made under the Employer Matching Contribution Incentive Program and the matching scholarships provided under the College Savings Plan Low-Income Matching Scholarship Program shall not be used to pay expenses associated with attending kindergarten through grade twelve.
(2) The College Savings Incentive Cash Fund shall not be considered an asset of the Nebraska educational savings plan trust.
(3) 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 2019, LB610, § 13.
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 › 85-1901 - Act, how cited.

85-1901.
Act, how cited.
Sections 85-1901 to 85-1920 shall be known and may be cited as the Nebraska Opportunity Grant Act.
Source
Laws 2003, LB 574, § 1;
Laws 2010, LB956, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1902 - Definitions, where found.

85-1902.
Definitions, where found.
For purposes of the Nebraska Opportunity Grant Act, the definitions found in sections 85-1903 to 85-1910 apply.
Source
Laws 2003, LB 574, § 2;
Laws 2010, LB956, § 5.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1903 - Award, defined.

85-1903.
Award, defined.
Award means a grant of money by the commission to an eligible student for educational expenses. An award shall not exceed fifty percent of the tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the University of Nebraska-Lincoln.
Source
Laws 2003, LB 574, § 3;
Laws 2004, LB 1107, § 1;
Laws 2006, LB 962, § 6;
Laws 2007, LB342, § 43;
Laws 2010, LB956, § 6;
Laws 2013, LB331, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1906 - Eligible postsecondary educational institution, defined.

85-1906.
Eligible postsecondary educational institution, defined.
(1) Eligible postsecondary educational institution means a public or private postsecondary educational institution:
(a) Located in Nebraska;
(b) Primarily engaged in the instruction of students;
(c) Satisfying the provisions of Nebraska law relating to the approval and licensure of schools, colleges, and universities and maintaining accreditation by an accrediting organization recognized by the United States Department of Education;
(d) Offering courses of instruction in regularly scheduled classes to regularly enrolled undergraduate students who reside in Nebraska and have received high school diplomas or their equivalent; and
(e) Which has adopted, and has available for inspection, award refund and repayment policies.
(2) For a postsecondary educational institution not eligible prior to September 2, 2023, for purposes of this section, located in Nebraska means such eligible postsecondary educational institution:
(a) Has established a physical location in this state where students may receive instruction; and
(b) Maintains an administrative office in this state for the purposes of enrolling students, providing information to students about the institution, and providing student support services.
Source
Laws 2003, LB 574, § 6;
Laws 2023, LB705, § 118.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1907 - Eligible student, defined.

85-1907.
Eligible student, defined.
Eligible student means an undergraduate student who:
(1) Is enrolled in an eligible postsecondary educational institution;
(2)(a) For award years through award year 2023-24, has applied for federal financial aid through the Free Application for Federal Student Aid for the applicable award year and has an expected family contribution which is equal to or less than one hundred ten percent of the maximum expected family contribution to qualify for a Federal Pell Grant in that award year; and
(b) For award year 2024-25 and each award year thereafter, has applied for federal financial aid through the Free Application for Federal Student Aid for the applicable award year and has a student aid index which is equal to or less than one hundred ten percent of the maximum student aid index to qualify for a Federal Pell Grant in that award year;
(3) Is a resident student who is domiciled in Nebraska as provided by section 85-502; and
(4) Complies with all other provisions of the Nebraska Opportunity Grant Act and its rules and regulations.
Source
Laws 2003, LB 574, § 7;
Laws 2010, LB956, § 7;
Laws 2013, LB331, § 2;
Laws 2023, LB705, § 119.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1908 - Full-time student and full-time-equivalent student, defined.

85-1908.
Full-time student and full-time-equivalent student, defined.
Full-time student and full-time-equivalent student have the definitions found in rules and regulations adopted and promulgated pursuant to the Nebraska Opportunity Grant Act.
Source
Laws 2003, LB 574, § 8;
Laws 2010, LB956, § 8.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1909 - Tuition and mandatory fees, defined.

85-1909.
Tuition and mandatory fees, defined.
Tuition and mandatory fees means the lesser of the student costs for tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the eligible postsecondary educational institution or the student costs for tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the University of Nebraska-Lincoln.
Source
Laws 2003, LB 574, § 9;
Laws 2010, LB956, § 9.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1910 - Undergraduate student, defined.

85-1910.
Undergraduate student, defined.
Undergraduate student means an individual who has not earned a first baccalaureate or professional degree and is enrolled in a postsecondary educational program which leads to, or is creditable toward, a first baccalaureate degree, associate degree, certificate, diploma, or equivalent.
Source
Laws 2003, LB 574, § 10.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1911 - Awards; how made.

85-1911.
Awards; how made.
The Nebraska Opportunity Grant Act shall provide for awards made directly to eligible students based on financial need.
Source
Laws 2003, LB 574, § 11;
Laws 2010, LB956, § 10.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1912 - Target level of funds; computation.

85-1912.
Target level of funds; computation.
In order to reduce the costs of administering the Nebraska Opportunity Grant Act, the commission shall identify a target level of funds to be distributed to students pursuant to the act at each eligible postsecondary educational institution. The target level of funds shall represent the maximum amount that may be awarded pursuant to the act to eligible students enrolled in such eligible postsecondary educational institution. To determine the target level of funds for each eligible postsecondary educational institution, the commission shall:
(1) Determine the number of eligible full-time-equivalent students enrolled at the eligible postsecondary educational institution for the last completed award year;
(2) Multiply the number determined in subdivision (1) of this section by the tuition and mandatory fees as limited pursuant to section 85-1909;
(3) Divide the product derived pursuant to subdivision (2) of this section for each eligible postsecondary educational institution by the sum of the products derived pursuant to subdivision (2) of this section for all eligible postsecondary educational institutions; and
(4) Multiply the total of federal and state funds appropriated for purposes of distribution pursuant to the act by the ratio derived pursuant to subdivision (3) of this section.
Source
Laws 2003, LB 574, § 12;
Laws 2004, LB 1107, § 2;
Laws 2010, LB956, § 11.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1913 - Eligible postsecondary educational institutions; duties.

85-1913.
Eligible postsecondary educational institutions; duties.
Eligible postsecondary educational institutions, acting as agents of the commission, shall:
(1) Receive and process applications for awards under the Nebraska Opportunity Grant Act;
(2) Determine eligibility of students based on criteria set forth in the act; and
(3) At any time prior to June 1 of each award year, make recommendations as often as necessary to the commission for awards to eligible students, including the name of each eligible student, social security number of each eligible student, and recommended award amount for each eligible student.
Source
Laws 2003, LB 574, § 13;
Laws 2010, LB956, § 12.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1914 - Commission; awards; duties.

85-1914.
Commission; awards; duties.
(1) Within thirty days after receiving recommendations pursuant to section 85-1913, the commission shall review the recommended awards for compliance with the Nebraska Opportunity Grant Act and its rules and regulations and notify each eligible postsecondary educational institution of the approval or disapproval of recommended awards.
(2) The commission shall distribute to each eligible postsecondary educational institution the total award amount approved for eligible students at such institution. The eligible postsecondary educational institution shall act as an agent of the commission to disburse the awards directly to eligible students during the award year.
Source
Laws 2003, LB 574, § 14;
Laws 2010, LB956, § 13.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1915 - Award; conditions.

85-1915.
Award; conditions.
An award may be granted to an eligible student for attendance at an eligible postsecondary educational institution if:
(1) The eligible student is accepted for enrollment as follows:
(a) In the case of an eligible student beginning his or her first year in attendance at an eligible postsecondary educational institution, such eligible student has satisfied requirements for admission and has enrolled or indicated an intent to enroll in an eligible postsecondary educational institution; or
(b) In the case of an eligible student enrolled in an eligible postsecondary educational institution following the successful completion of the student's first year in attendance, such eligible student continues to meet the requirements of the Nebraska Opportunity Grant Act and has maintained the minimum standards of performance as required by the eligible postsecondary educational institution in which the eligible student is enrolled;
(2) The eligible student receiving such award certifies that the award will be used only for educational expenses; and
(3) The eligible student has complied with the act and its rules and regulations.
Source
Laws 2003, LB 574, § 15;
Laws 2010, LB956, § 14.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1916 - Recipient; remit award balance; when.

85-1916.
Recipient; remit award balance; when.
If an award recipient discontinues attendance before the end of the award year, the award recipient shall remit any award balance allowable to the eligible postsecondary educational institution in accordance with such institution's withdrawal policy. The institution shall remit such award balance to the commission in accordance with such institution's refund policy.
Source
Laws 2003, LB 574, § 16.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1917 - Commission; duties; rules and regulations.

85-1917.
Commission; duties; rules and regulations.
(1) The commission shall:
(a) Supervise the issuance of public information concerning the Nebraska Opportunity Grant Act; and
(b) Establish a reasonable and fair appeal procedure for students adversely affected by the actions of the commission or an eligible postsecondary educational institution in the distribution of funds or granting of awards pursuant to the act.
(2) The commission may adopt and promulgate rules and regulations necessary to carry out the act, including such rules and regulations for maintenance of fiscal controls and fund accounting procedures as may be necessary to assure proper disbursement of funds and to assure that the eligible postsecondary educational institutions, as agents of the commission, have complied with the act. Such rules and regulations shall be developed in cooperation with representatives of eligible postsecondary educational institutions and shall be designed, to the extent consistent with requirements of the act, to minimize the administrative burden on the eligible postsecondary educational institutions and the commission.
Source
Laws 2003, LB 574, § 17;
Laws 2010, LB956, § 15.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1918 - Annual report.

85-1918.
Annual report.
Each eligible postsecondary educational institution shall file an annual report with the commission. The report shall document that students receiving awards under the Nebraska Opportunity Grant Act have met the eligibility standards and requirements established in the act and rules and regulations. The report shall include an accounting of all state-funded or federally funded student financial aid awarded by the eligible postsecondary educational institution in the previous fiscal year. The report may include other data, including the unmet need as defined by the commission for all Federal-Pell-Grant-eligible students at each eligible postsecondary educational institution.
Source
Laws 2003, LB 574, § 18;
Laws 2010, LB956, § 16.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1919 - Applicability of act.

85-1919.
Applicability of act.
The Nebraska Opportunity Grant Act does not grant any authority to the commission to (1) control or influence the policies of any eligible postsecondary educational institution because such institution accepts students who receive awards or (2) require any eligible postsecondary educational institution to enroll any student receiving an award or, once admitted, to continue in such institution any student receiving an award.
Source
Laws 2003, LB 574, § 19;
Laws 2010, LB956, § 17.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1920 - Nebraska Opportunity Grant Fund; created; use; investment.

85-1920.
Nebraska Opportunity Grant Fund; created; use; investment.
The Nebraska Opportunity Grant Fund is created. Money in the fund shall include amounts transferred pursuant to section 79-3501 from the State Lottery Operation Trust Fund or, until June 30, 2024, the Nebraska Education Improvement Fund. All amounts accruing to the Nebraska Opportunity Grant Fund shall be used to carry out the Nebraska Opportunity Grant Act. 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 2003, LB 574, § 20;
Laws 2010, LB956, § 18;
Laws 2013, LB497, § 6;
Laws 2015, LB519, § 38;
Laws 2021, LB528, § 56;
Laws 2023, LB705, § 120.
Operative Date: July 1, 2023
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 › 85-2001 - Act, how cited.

85-2001.
Act, how cited.
Sections 85-2001 to 85-2011 shall be known and may be cited as the Community College Gap Assistance Program Act.
Source
Laws 2015, LB519, § 27.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2002 - Terms, defined.

85-2002.
Terms, defined.
For purposes of the Community College Gap Assistance Program Act:
(1) Accredited college means a not-for-profit, two-year postsecondary institution with a physical presence in this state that has been accredited by an accrediting agency recognized by the United States Department of Education to provide institutional accreditation for degree granting institutions;
(2) Committee means the Nebraska Community College Student Performance and Occupational Education Grant Committee;
(3) Community college gap assistance program means the program created pursuant to section 85-2003;
(4) Eligible program means a program offered by a community college or other eligible institution that (a) either (i) is not offered for credit and has a duration of not less than sixteen contact hours in length or (ii) is offered for credit but is of insufficient clock, semester, or quarter hours to be eligible for Federal Pell Grants, (b) is aligned with training programs with stackable credentials that lead to a program awarding college credit, an associate's degree, a diploma, or a certificate in an in-demand occupation, and (c) does any of the following:
(i) Offers a state, national, or locally recognized certificate;
(ii) Offers preparation for a professional examination or licensure;
(iii) Provides endorsement for an existing credential or license;
(iv) Represents recognized skill standards defined by an industrial sector; or
(v) Offers a similar credential or training;
(5) In-demand occupation means:
(a) Financial services;
(b) Transportation, warehousing, and distribution logistics;
(c) Precision metals manufacturing;
(d) Biosciences;
(e) Renewable energy;
(f) Agriculture and food processing;
(g) Business management and administrative services;
(h) Software and computer services;
(i) Research, development, and engineering services;
(j) Health services;
(k) Hospitality and tourism; and
(l) Any other industry designated as an in-demand occupation by the committee; and
(6) Other eligible institution means an accredited college with which the Coordinating Commission for Postsecondary Education has a contract pursuant to subsection (4) of section 85-2010.
Source
Laws 2015, LB519, § 28;
Laws 2019, LB180, § 1;
Laws 2021, LB528, § 57.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2003 - Community college gap assistance program; created; purpose; eligibility.

85-2003.
Community college gap assistance program; created; purpose; eligibility.
(1) The community college gap assistance program is created. The program shall be under the direction of the committee and shall be administered by the Coordinating Commission for Postsecondary Education. The purpose of the community college gap assistance program is to provide community college gap assistance to students in eligible programs.
(2) To be eligible for community college gap assistance under the community college gap assistance program, an applicant:
(a) Shall have a family income which is at or below two hundred fifty percent of Office of Management and Budget income poverty guidelines; and
(b) Shall be a resident of Nebraska as provided in section 85-502.
(3) Eligibility for such tuition assistance shall not be construed to guarantee enrollment in any eligible program.
Source
Laws 2015, LB519, § 29;
Laws 2021, LB528, § 58.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2004 - Community college gap assistance; application.

85-2004.
Community college gap assistance; application.
Application for community college gap assistance under the community college gap assistance program shall be made to the community college or other eligible institution in which the applicant is enrolled or intends to enroll. An application shall be valid for six months from the date of signature on the application. The applicant shall provide documentation of all sources of income. An applicant shall not receive community college gap assistance for more than one eligible program.
Source
Laws 2015, LB519, § 30;
Laws 2021, LB528, § 59.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2005 - Community college gap assistance; criteria; denial of application; when.

85-2005.
Community college gap assistance; criteria; denial of application; when.
(1) An applicant for community college gap assistance under the community college gap assistance program shall demonstrate capacity to achieve the following outcomes:
(a) The ability to be accepted to and complete an eligible program;
(b) The ability to be accepted into and complete a postsecondary certificate, diploma, or degree program for credit;
(c) The ability to obtain full-time employment; and
(d) The ability to maintain full-time employment over time.
(2) The committee may grant community college gap assistance under the community college gap assistance program to an applicant in any amount up to the full amount of eligible costs.
(3) The committee shall deny an application when the community college or other eligible institution receiving the application determines that funding for an applicant's participation in an eligible program is available from any other public or private funding source.
Source
Laws 2015, LB519, § 31;
Laws 2021, LB528, § 60.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2006 - Community college gap assistance; eligible costs.

85-2006.
Community college gap assistance; eligible costs.
The eligible costs for which the committee may award community college gap assistance under the community college gap assistance program include, but are not limited to:
(1) Tuition;
(2) Direct training costs;
(3) Required books and equipment; and
(4) Fees, including, but not limited to, fees for industry testing services and background check services.
Source
Laws 2015, LB519, § 32.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2007 - Applicant; initial assessment.

85-2007.
Applicant; initial assessment.
An applicant for community college gap assistance under the community college gap assistance program shall complete an initial assessment administered by the community college or other eligible institution receiving the application to determine the applicant's readiness to complete an eligible program. The initial assessment shall include any assessments required by the eligible program.
Source
Laws 2015, LB519, § 33;
Laws 2021, LB528, § 61.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2008 - Community college gap assistance; recipient; duties; termination of assistance; when.

85-2008.
Community college gap assistance; recipient; duties; termination of assistance; when.
(1) A recipient of community college gap assistance under the community college gap assistance program shall:
(a) Maintain regular contact with faculty of the eligible program to document the applicant's progress in the program;
(b) Sign any necessary releases to provide relevant information to case managers or faculty of the community college or other eligible institution, if applicable;
(c) Discuss with faculty of the eligible program any issues that may affect the recipient's ability to complete the eligible program and obtain and maintain employment;
(d) Attend all required courses regularly; and
(e) Meet with faculty of the eligible program to develop a job-search plan.
(2) A community college or other eligible institution may terminate community college gap assistance under the community college gap assistance program for a recipient who fails to meet the requirements of this section.
Source
Laws 2015, LB519, § 34;
Laws 2021, LB528, § 62.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2009 - Community College Gap Assistance Program Fund; created; use; investment.

85-2009.
Community College Gap Assistance Program Fund; created; use; investment.
(1) The Community College Gap Assistance Program Fund is created. The fund shall be under the direction of the committee and shall be administered by the Coordinating Commission for Postsecondary Education. The fund shall consist of money received pursuant to section 79-3501, any other money received by the state in the form of grants or gifts from nonfederal sources, such other amounts as may be transferred or otherwise accrue to the fund, and any investment income earned on the fund. The fund shall be used to carry out the community college gap assistance program pursuant to the Community College Gap Assistance Program Act. 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.
(2) In addition to community college gap assistance awarded to students, money in the fund may also be used by the committee:
(a) To establish application and funding procedures; and
(b) To assist other eligible institutions as specified in contracts entered into pursuant to subsection (4) of section 85-2010 in defraying the costs of direct staff support services, including, but not limited to, marketing, outreach, applications, interviews, and assessments related to the community college gap assistance program.
(3) Each community college may use up to ten percent of any money received from the fund to defray the costs of direct staff support services, including, but not limited to, marketing, outreach, applications, interviews, and assessments.
Source
Laws 2015, LB519, § 35;
Laws 2021, LB528, § 63;
Laws 2023, LB705, § 121.
Operative Date: July 1, 2023
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 › 85-2010 - Community college gap assistance program; committee; duties; meetings.

85-2010.
Community college gap assistance program; committee; duties; meetings.
(1) The committee shall develop a common applicant tracking system for the community college gap assistance program that shall be implemented consistently by each participating community college and other eligible institution.
(2) The committee shall coordinate statewide oversight, evaluation, and reporting efforts for the community college gap assistance program.
(3) The committee shall meet at least quarterly to evaluate and monitor the performance of the community college gap assistance program to determine if performance measures are being met and shall take necessary steps to correct any deficiencies. Performance measures include, but are not limited to, eligible program completion rates, job attainment rates, and continuing education rates.
(4) With committee approval, the Coordinating Commission for Postsecondary Education may contract with an accredited college to be an other eligible institution and administer the community college gap assistance program for applicants enrolled in or intending to enroll in an eligible program offered by such college.
Source
Laws 2015, LB519, § 36;
Laws 2021, LB528, § 64.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2011 - Rules and regulations.

85-2011.
Rules and regulations.
The Coordinating Commission for Postsecondary Education may adopt and promulgate rules and regulations to carry out the Community College Gap Assistance Program Act.
Source
Laws 2015, LB519, § 37.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2101 - Act, how cited.

85-2101.
Act, how cited.
Sections 85-2101 to 85-2108 shall be known and may be cited as the Access College Early Scholarship Program Act.
Source
Laws 2007, LB192, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2102 - Terms, defined.

85-2102.
Terms, defined.
For purposes of the Access College Early Scholarship Program Act:
(1) Career program of study means a sequence of at least three high school courses that (a) may include dual-credit or college credit courses, (b) are part of a career pathway program of study aligned with (i) the rules and regulations of the State Department of Education adopted and promulgated pursuant to section 79-777, (ii) a professional certification requirement, or (iii) the requirements for a postsecondary certification or diploma, and (c) have at least one local member of business or industry partnering as an official advisor to the program;
(2) Commission means the Coordinating Commission for Postsecondary Education;
(3) Extreme hardship means any event, including fire, illness, accident, or job loss, that has recently resulted in a significant financial difficulty for a student or the student's parent or legal guardian;
(4) Postsecondary educational institution means a two-year or four-year college or university which is a member institution of an accrediting body recognized by the United States Department of Education;
(5) Qualified postsecondary educational institution means a postsecondary educational institution located in Nebraska which has agreed, on a form developed and provided by the commission, to comply with the requirements of the act; and
(6) Student means a student attending a Nebraska high school with a reasonable expectation that such student will meet the residency requirements of section 85-502 upon graduation from a Nebraska high school.
Source
Laws 2007, LB192, § 3;
Laws 2015, LB525, § 33.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2103 - Access College Early Scholarship Program established; purpose.

85-2103.
Access College Early Scholarship Program established; purpose.
The Access College Early Scholarship Program is established. The purpose of the program is to provide financial assistance to low-income students for courses to be taken for credit from a qualified postsecondary educational institution while still enrolled in high school. The program shall be administered by the commission.
Source
Laws 2007, LB192, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2104 - Student; eligibility; applications; prioritized.

85-2104.
Student; eligibility; applications; prioritized.
Applications for the Access College Early Scholarship Program shall be prioritized for students qualifying pursuant to subdivision (1) or (2) of this section, and applications for students qualifying only pursuant to subdivision (3) of this section shall only be considered if funds are available after fulfilling the applications for students qualifying pursuant to subdivision (1) or (2) of this section. Priority dates shall be determined by the commission on a term basis. The Commissioner of Education may verify eligibility for a student described in subdivision (1)(c) of this section when requested by the commission. A student who is applying to take one or more courses for credit from a qualified postsecondary educational institution is eligible for the Access College Early Scholarship Program if:
(1) Such student or the student's parent or legal guardian is eligible to receive:
(a) Supplemental Security Income;
(b) Supplemental Nutrition Assistance Program benefits;
(c) Free or reduced-price lunches under United States Department of Agriculture child nutrition programs;
(d) Aid to families with dependent children; or
(e) Assistance under the Special Supplemental Nutrition Program for Women, Infants, and Children;
(2) The student or the student's parent or legal guardian has experienced an extreme hardship; or
(3) Such student is requesting assistance pursuant to the program to cover the cost of tuition and fees for a course that is part of a career plan of study, up to two hundred fifty dollars per term, and the student's family has an annual household income at or below two hundred percent of the federal poverty level.
Source
Laws 2007, LB192, § 5;
Laws 2009, LB288, § 45;
Laws 2015, LB525, § 34;
Laws 2021, LB528, § 65.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2106 - Report.

85-2106.
Report.
The commission shall prepare an annual report on scholarships awarded pursuant to the Access College Early Scholarship Program Act and shall submit the report electronically to the Clerk of the Legislature. The report shall include, but not be limited to, the number and amount of scholarships awarded, the postsecondary educational institutions attended by scholarship recipients, and information regarding the success of scholarship recipients in the courses for which the scholarships were awarded.
Source
Laws 2007, LB192, § 7;
Laws 2009, LB20, § 2;
Laws 2012, LB782, § 242.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2107 - Review of adverse decision.

85-2107.
Review of adverse decision.
A student or the student's parent or legal guardian may request in writing a review of any adverse decision by requesting such review within twenty days following notice of the adverse decision, addressed to the executive director of the commission. The review shall be pursuant to the Administrative Procedure Act.
Source
Laws 2007, LB192, § 8.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2231 - Act, how cited.

85-2231.
Act, how cited.
Sections 85-2231 to 85-2238 shall be known and may be cited as the Community College Aid Act.
Source
Laws 2012, LB946, § 1;
Laws 2023, LB243, § 22.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2233 - Legislative intent; Coordinating Commission for Postsecondary Education; duties; reduction of distribution; when.

85-2233.
Legislative intent; Coordinating Commission for Postsecondary Education; duties; reduction of distribution; when.
(1)(a) The Legislature recognizes that education, as an investment in human resources, is fundamental to the quality of life and the economic prosperity of Nebraskans and that aid to the community colleges furthers these goals.
(b) It is the intent of the Legislature that such appropriations reflect the commitment of the Legislature to join with local governing bodies in a strong and continuing partnership to further advance the quality, responsiveness, access, and equity of Nebraska's community colleges and to foster high standards of performance and service so that every citizen, community, and business will have the opportunity to receive quality educational programs and services regardless of the size, wealth, or geographic location of the community college area or tribally controlled community college by which that citizen, community, or business is served.
(c) In order to promote quality postsecondary education and to avoid excessive and disproportionate taxation upon the taxable property of each community college area, the Legislature may appropriate each biennium from such funds as may be available an amount for aid and assistance to the community colleges. Such funds so appropriated by the Legislature shall be allocated, adjusted, and distributed to the community college boards of governors as provided in the Community College Aid Act.
(2) The Coordinating Commission for Postsecondary Education shall certify aid amounts attributable to the allocations pursuant to subdivisions (1) and (3) of section 85-2234 and report such amounts to the Department of Administrative Services. The commission shall certify such aid amounts on or before September 1 of the fiscal year for which aid is being certified and shall distribute the total of such appropriated and allocated funds to the boards in ten as nearly as possible equal monthly payments between the fifth and twentieth day of each month beginning in September of each year.
(3) Beginning July 1, 2013, the commission shall reduce the amount of the distribution to a board by the amount of funds used by the community college area to provide a program or capital construction project as defined in section 85-1402 which has not been approved or has been disapproved by the Coordinating Commission for Postsecondary Education pursuant to the Coordinating Commission for Postsecondary Education Act.
Source
Laws 2012, LB946, § 3;
Laws 2013, LB211, § 6.
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 › 85-2235 - Community College Aid Fund; created; use; investment.

85-2235.
Community College Aid Fund; created; use; investment.
The Community College Aid Fund is created. The fund shall be used to provide state aid to community college areas pursuant to the Community College Aid Act. 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 2012, LB946, § 5.
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 › 85-2236 - Community college area; annual report.

85-2236.
Community college area; annual report.
Each community college area shall annually report such data as necessary to carry out the Community College Aid Act to the Coordinating Commission for Postsecondary Education.
Source
Laws 2012, LB946, § 6.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2237 - Rules and regulations.

85-2237.
Rules and regulations.
The Coordinating Commission for Postsecondary Education may adopt and promulgate rules and regulations to carry out the Community College Aid Act.
Source
Laws 2012, LB946, § 7.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2238 - Property tax levy; authorized, when.

85-2238.
Property tax levy; authorized, when.
For fiscal year 2024-25 and each fiscal year thereafter, if the amount of aid provided to a community college area pursuant to the Community College Aid Act is less than the amount of aid provided to such community college area in the immediately preceding fiscal year or the amount of aid provided to such community college area in fiscal year 2022-23, whichever is greater, the community college area may, if approved by a majority vote of the community college board of governors, levy an amount under subdivision (2)(a) of section 85-1517 sufficient to generate revenue equal to the difference in aid from the immediately preceding fiscal year or fiscal year 2022-23, whichever is applicable. The property tax levy provided for in this section is in addition to the maximum allowable property tax levy described in subdivision (2)(b) of section 85-1517 and any property tax levied for funding accessibility barrier elimination project costs and abatement of environmental hazards as such terms are defined in section 79-10,110.
Source
Laws 2023, LB243, § 23.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2301 - Act, how cited.

85-2301.
Act, how cited.
Sections 85-2301 to 85-2306 shall be known and may be cited as the In the Line of Duty Dependent Education Act.
Source
Laws 2009, LB206, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-2302 - Legislative findings, declarations, and intent.

85-2302.
Legislative findings, declarations, and intent.
The Legislature finds and declares that:
(1) Nebraska's law enforcement officers and firefighters place their lives at risk in the line of duty to protect the citizens and property of this state;
(2) The services performed by Nebraska law enforcement officers and firefighters are necessary for the protection of the citizens and property of this state;
(3) Nebraska law enforcement officers and firefighters have lost or may lose their lives in the performance of their official duties; and
(4) Nebraska law enforcement officers and firefighters perform dangerous and hazardous acts in order to protect the citizens and property of this state.
It is the intent of the Legislature to recognize the ultimate sacrifice made by Nebraska law enforcement officers and firefighters who are killed in the line of duty on or after April 23, 2009, by providing a postsecondary educational benefit for their surviving children to attend state universities, state colleges, and community colleges located in Nebraska.
Source
Laws 2009, LB206, § 2.