reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1236 - Tenure; certificated employee; contract amendment, termination, or nonrenewal; procedure; confidentiality.

79-1236.
Tenure; certificated employee; contract amendment, termination, or nonrenewal; procedure; confidentiality.
(1) Any certificated employee whose contract of employment may be amended, terminated, or not renewed for the following school year shall be notified in writing on or before April 15 of each year of such possible action on the contract. If the certificated employee wishes a hearing, a written request shall be sent to the secretary of the board or the administrator of the educational service unit within seven calendar days after receipt of the written notice. If a hearing on such amendment, termination, or nonrenewal is not requested within the time provided in this section, the board shall make a final determination. With regard to all hearings under sections 79-1234 to 79-1239, the certificated employee shall be advised in writing at least five days prior to the hearing of the date, time, and place of the hearing. All such hearings shall be held within thirty days after the date of the request for the hearing, except when the parties or their representatives, by a mutual agreement confirmed in writing, extend the time for hearings or final determinations by the board under such sections. Unless continued by written agreement between the parties or their representatives, final action by the board shall be taken on or before May 15 of each year.
(2) Prior to the hearing or action on the matter, if requested by the certificated employee, the notice of possible amendment, termination, or nonrenewal and the supporting reasons shall be considered a confidential employment matter as provided in sections 79-539, 79-8,109, and 84-1410 and shall not be released to the public or news media.
Source
Laws 1986, LB 997, § 3;
R.S.1943, (1994), § 79-2218;
Laws 1996, LB 900, § 953.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1237 - Tenure; board; subpoena powers.

79-1237.
Tenure; board; subpoena powers.
The board may on its own behalf, or shall upon the request of the certificated employee, his or her representative, or the educational service unit's administration, (1) subpoena and compel the attendance of witnesses residing within or outside this state for the purpose of appearing and testifying at any hearing provided for in sections 79-1234 to 79-1239 and for the purpose of taking the deposition of such witnesses in the manner prescribed by law for the taking of depositions in civil actions in the district courts and (2) issue subpoenas for the production of any papers, books, accounts, and documents.
Source
Laws 1986, LB 997, § 4;
R.S.1943, (1994), § 79-2219;
Laws 1996, LB 900, § 954.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1238 - Tenure; probationary certificated employee; amendment or nonrenewal of contract; grounds; procedures.

79-1238.
Tenure; probationary certificated employee; amendment or nonrenewal of contract; grounds; procedures.
(1) Upon request by the probationary certificated employee as provided in subsection (1) of section 79-1236, notice shall be provided which shall contain written reasons for the proposed amendment or nonrenewal of the probationary certificated employee's contract and shall be sufficiently specific so as to provide such employee the opportunity to prepare a response. The reasons set forth in the notice shall be employment related.
(2) The board may elect to amend or not renew the contract of a probationary certificated employee for any reason it deems sufficient if such nonrenewal or amendment is employment related and such nonrenewal or amendment is not for constitutionally impermissible reasons. Such nonrenewal or amendment shall be in accordance with sections 79-1234 to 79-1239. Amendment or nonrenewal for reasons of reduction in force shall be in accordance with the procedures provided in sections 79-846 to 79-849 and 79-1234 to 79-1239.
(3) At any time prior to the holding of a hearing or prior to final determination by the board to amend or not renew the contract involved, the probationary certificated employee may submit a letter of resignation for the ensuing school year, which resignation shall be accepted by the board.
(4) The hearing, if requested, involving the question of the nonrenewal or amendment of a probationary certificated employee's contract shall not be a formal due process hearing but shall be an informal hearing before the board at which the probationary certificated employee involved or his or her representative shall be afforded the opportunity to discuss and explain to the board his or her position with regard to continued employment, to present information, and to ask questions of those appearing on behalf of the administration of the educational service unit. Such hearing shall be in closed session at the request of the probationary certificated employee involved or his or her representative and upon affirmative vote of the majority of the board members present and voting, but the formal action of the board for nonrenewal or amendment shall be in open session.
(5) The hearing for a probationary certificated employee may be held before a committee of the board consisting of not less than three of the board's total members, and total membership of the committee shall be odd numbered. Notice of such hearing shall be sent to all board members five days prior to such hearing. If a hearing is held before a committee, the majority opinion of the committee shall constitute a recommendation to the board, with the final determination being made by a majority vote of the members of the board without additional hearing.
Source
Laws 1986, LB 997, § 5;
R.S.1943, (1994), § 79-2220;
Laws 1996, LB 900, § 955.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1239 - Tenure; permanent certificated employee; amendment or termination of contract; grounds; procedures.

79-1239.
Tenure; permanent certificated employee; amendment or termination of contract; grounds; procedures.
(1) The board by a vote of the majority of its members may determine that a permanent certificated employee's contract shall be amended or terminated for any of the following reasons: (a) Just cause as defined in section 79-1234; (b) reduction in force as set forth in sections 79-846 to 79-849; (c) a change of leave-of-absence policy; (d) failure of the permanent certificated employee upon written request of the board or the administrators of the educational service unit to accept employment for the next school year within the time designated in the request, except that the permanent certificated employee shall not be required to signify such acceptance prior to March 15 of each year; or (e) revocation or suspension of the permanent certificated employee's certificate by the State Board of Education.
(2) If a hearing is requested by the permanent certificated employee, the formal due process hearing for the purpose of this section means a hearing procedure adopted by the board which contains at least the following: (a) Notification to the permanent certificated employee in writing at least five days prior to the hearing of the grounds alleged for the termination or amendment of the permanent certificated employee's contract; (b) upon request of the permanent certificated employee, a list of the names of any witnesses who will be called to testify against the certificated employee and an opportunity to examine any documents that will be presented at the hearing shall be provided at least five days prior to the hearing; (c) the right to be represented; and (d) an opportunity to cross-examine all witnesses, examine all documents, and present evidence material to the issues.
(3) Notice of the hearing shall be given in accordance with the Open Meetings Act. Upon an affirmative vote of a majority of the board's members present and voting and upon specific request of the permanent certificated employee or the permanent certificated employee's representative, the hearing shall be conducted in a closed session, but the formal action of the board shall be taken in open session.
(4) A majority of the members of the board shall render its decision to amend or terminate a permanent certificated employee's contract based solely upon the evidence produced at the hearing, shall reduce its findings and determination to writing, and shall deliver a written copy of the findings and determination to the permanent certificated employee.
Source
Laws 1986, LB 997, § 6;
R.S.1943, (1994), § 79-2221;
Laws 1996, LB 900, § 956;
Laws 2003, LB 685, § 24;
Laws 2004, LB 821, § 30.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1241.01 - Core services; appropriation; legislative intent.

79-1241.01.
Core services; appropriation; legislative intent.
To carry out section 79-1241.03, it is the intent of the Legislature to appropriate for each fiscal year the amount appropriated in the prior year increased by the percentage growth in the fall membership of member districts plus the basic allowable growth rate described in section 79-1025. For purposes of this section, fall membership has the same meaning as in section 79-1003. Fall membership data used to compute growth shall be from the two most recently available fall membership reports.
Source
Laws 1998, LB 1110, § 3;
Laws 1999, LB 386, § 6;
Laws 2006, LB 1208, § 11;
Laws 2007, LB603, § 25;
Laws 2009, LB549, § 47;
Laws 2010, LB1071, § 28.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1242 - Property tax funds; use.

79-1242.
Property tax funds; use.
Funds generated from the property tax levy shall only be used for purposes approved by representatives of two-thirds of the member school districts in an educational service unit, representing a majority of the students in the member school districts. The valuation of individual school districts shall not be the only consideration in determining the utilization of such funds received after July 1, 2010. Each educational service unit shall prepare and transmit a written proposal of core services offerings and use of the property tax levy to all member school districts. The member school districts through their designated representatives shall indicate their approval or disapproval of the proposal within thirty calendar days after receipt of the proposal, and failure to so indicate within such time period shall be deemed approval of the proposal.
Source
Laws 1997, LB 806, § 62;
Laws 1999, LB 363, § 1;
Laws 2010, LB1070, § 12;
Laws 2012, LB446, § 4.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1245 - Educational Service Unit Coordinating Council; created; composition; funding; powers.

79-1245.
Educational Service Unit Coordinating Council; created; composition; funding; powers.
(1) The Educational Service Unit Coordinating Council is created. The council shall be composed of one administrator from each educational service unit and beginning July 1, 2017, one nonvoting administrator from each learning community. The council shall be funded from two percent of the core services and technology infrastructure funding appropriated pursuant to section 79-1241.03, appropriations by the Legislature for distance education, and fees established for services provided to educational entities.
(2) The council is a political subdivision and a public body corporate and politic of this state, exercising public powers separate from the participating educational service units. The council shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a political subdivision and a public body corporate and politic but shall not have taxing power.
(3) The council shall have power (a) to sue and be sued, (b) to have a seal and alter the same at will or to dispense with the necessity thereof, (c) to make and execute contracts and other instruments, (d) to receive, hold, and use money and real and personal property, (e) to hire and compensate employees, including certificated employees, (f) to act as a fiscal agent for statewide initiatives being implemented by employees of one or more educational service units, and (g) from time to time, to make, amend, and repeal bylaws, rules, and regulations not inconsistent with sections 79-1245 to 79-1249. Such power shall only be used as necessary or convenient to carry out and effectuate the powers and purposes of the council.
Source
Laws 2007, LB603, § 16;
Laws 2010, LB1071, § 29;
Laws 2016, LB1067, § 60.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1246 - Educational Service Unit Coordinating Council; duties; Open Meetings Act applicable.

79-1246.
Educational Service Unit Coordinating Council; duties; Open Meetings Act applicable.
(1) The Educational Service Unit Coordinating Council shall work toward statewide coordination to provide the most cost-effective services for the students, teachers, and school districts in each educational service unit. The council's duties include, but are not limited to:
(a) Preparation of strategic plans to assure the cost-efficient and equitable delivery of services across the state;
(b) Administration of statewide initiatives and provision of statewide services; and
(c) Coordination of distance education.
(2) All activities conducted by the council shall be conducted in accordance with the Open Meetings Act. This section does not require or provide for state control of the operations of any educational service unit or abridge the governance ability, rights, or responsibilities of any educational service unit board.
Source
Laws 2007, LB603, § 17.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1247 - Educational Service Unit Coordinating Council; appoint distance education director; council director authorized; salaries; expenses; duties; contract authorized; other appointments authorized.

79-1247.
Educational Service Unit Coordinating Council; appoint distance education director; council director authorized; salaries; expenses; duties; contract authorized; other appointments authorized.
The Educational Service Unit Coordinating Council shall appoint a distance education director and may appoint a council director, both of whom shall hold office at the pleasure of the council. The council director and the distance education director shall receive such salaries as the council determines and shall be reimbursed for their actual expenses incurred in the performance of their duties. The council may contract with individual educational service units for the employment of the council director or the distance education director, except that the supervisory responsibilities for such employees shall remain with the council.
The council director and the distance education director shall perform duties as the council directs and shall not be members of the council. The council may also appoint or retain such other persons as it may deem necessary for the performance of its functions and shall prescribe their duties, fix their compensation, and provide for reimbursement of their actual and necessary expenses within the amounts available in the budget of the council.
Source
Laws 2007, LB603, § 18;
Laws 2010, LB1071, § 30.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1248 - Educational Service Unit Coordinating Council; powers and duties.

79-1248.
Educational Service Unit Coordinating Council; powers and duties.
The powers and duties of the Educational Service Unit Coordinating Council include, but are not limited to:
(1) Providing public access to lists of qualified distance education courses;
(2) Collecting and providing school schedules for participating educational entities;
(3) Facilitation of scheduling for qualified distance education courses;
(4) Brokering of qualified distance education courses to be purchased by educational entities;
(5) Assessment of distance education needs and evaluation of distance education services;
(6) Compliance with technical standards as set forth by the Nebraska Information Technology Commission and academic standards as set forth by the State Department of Education related to distance education;
(7) Establishment of a system for scheduling courses brokered by the council and for choosing receiving educational entities when the demand for a course exceeds the capacity as determined by either the technology available or the course provider;
(8) Administration of learning management systems, either through the staff of the council or by delegation to an appropriate educational entity, with the funding for such systems provided by participating educational entities; and
(9) Coordination with educational service units and postsecondary educational institutions to provide assistance for instructional design for both two-way interactive video distance education courses and the offering of graduate credit courses in distance education.
Source
Laws 2006, LB 1208, § 20;
R.S.Supp.,2006, § 79-1334;
Laws 2007, LB603, § 19;
Laws 2010, LB1071, § 31.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1249 - Educational Service Unit Coordinating Council; assistance provided.

79-1249.
Educational Service Unit Coordinating Council; assistance provided.
The Educational Service Unit Coordinating Council shall only provide assistance in brokering or scheduling courses to educational entities that have access to Network Nebraska. All costs to the council associated with assisting private, denominational, or parochial schools and private postsecondary educational institutions shall be paid by such private, denominational, or parochial school or private postsecondary educational institution. Any services of the council may also be offered to other public entities with access to Network Nebraska on a contractual basis.
Source
Laws 2006, LB 1208, § 21;
R.S.Supp.,2006, § 79-1335;
Laws 2007, LB603, § 20;
Laws 2010, LB1071, § 32.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1302 - Educational technology; legislative findings.

79-1302.
Educational technology; legislative findings.
The Legislature finds that the utilization of appropriate technologies can provide enhanced educational services and broadened educational opportunities for Nebraska learners. It is the intent of the Legislature: (1) To utilize technology to provide effective and efficient digital learning; (2) to provide assistance and direction in the training of Nebraska teachers in uses of technology for instruction through electronic means; (3) to establish and support an electronic data network and databases for Nebraska educators and learners; (4) to support the evaluation and dissemination of models of successful technologies which improve instruction or learning; (5) to provide support for cooperative education-technology ventures in partnership with public or private entities; and (6) to provide support for cooperative purchase or leasing of administrative or instructional software or software licenses in partnership with schools, educational service units, and other states.
Source
Laws 1988, LB 1117, § 1;
R.S.1943, (1994), § 79-4,140.09;
Laws 1996, LB 900, § 958;
Laws 2006, LB 1208, § 14;
Laws 2019, LB675, § 51.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1303 - Educational Technology Center; created; mission.

79-1303.
Educational Technology Center; created; mission.
The Educational Technology Center within the State Department of Education is created. The mission of the center is to achieve the legislative goals set forth in section 79-1302 and to provide leadership and support for the integration of technology and innovation into Nebraska elementary and secondary schools in order to provide quality education and equal opportunity for Nebraska learners.
Source
Laws 1988, LB 1117, § 2;
Laws 1990, LB 1090, § 9;
R.S.1943, (1994), § 79-4,140.10;
Laws 1996, LB 900, § 959;
Laws 2003, LB 67, § 28;
Laws 2006, LB 1208, § 15.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1304 - Educational Technology Center; duties.

79-1304.
Educational Technology Center; duties.
The Educational Technology Center has, but is not limited to, the following specific duties:
(1) To evaluate Internet-based digital education courses and open education resources;
(2) To provide clearinghouse services for information concerning current technology projects as well as software and hardware development;
(3) To serve as a demonstration site for state-of-the-art hardware appropriate to an educational setting;
(4) To provide technical assistance to educators in working with software and Internet-based resources;
(5) To provide inservice and preservice training for educators, in conjunction with other educational entities as defined in section 79-1201.01, in the use of digital devices, communication systems, and other electronic technologies appropriate to an educational setting;
(6) To sponsor activities which promote the use of technology in the classroom;
(7) To serve as a liaison between business and education interests in technology communication;
(8) To support research and recommendations for digital applications and technology in education;
(9) To assist schools in planning for and selecting appropriate technologies;
(10) To design, implement, and evaluate pilot projects to assess the usefulness of technologies in school management, curriculum, instruction, and learning;
(11) To seek partnerships with the Nebraska Educational Telecommunications Commission, the University of Nebraska, the state colleges, community colleges, educational service units, the Nebraska Library Commission, the office of the Chief Information Officer, Network Nebraska, and other public and private entities in order to make effective use of limited resources;
(12) To encourage sharing among school districts to deliver cost-efficient and effective digital learning; and
(13) To identify, evaluate, and disseminate information on school projects which have the potential to enhance the quality of instruction or learning.
Source
Laws 1988, LB 1117, § 3;
R.S.1943, (1994), § 79-4,140.11;
Laws 1996, LB 900, § 960;
Laws 2006, LB 1208, § 16;
Laws 2007, LB603, § 28;
Laws 2019, LB675, § 52.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1312 - Act, how cited.

79-1312.
Act, how cited.
Sections 79-1312 to 79-1322 shall be known and may be cited as the Nebraska Educational Telecommunications Act.
Source
Laws 1963, c. 468, § 6, p. 1500;
Laws 1984, LB 645, § 7;
Laws 1988, LB 939, § 2;
Laws 1995, LB 89, § 1;
R.S.Supp.,1995, § 79-2106;
Laws 1996, LB 900, § 968;
Laws 2002, LB 93, § 20;
Laws 2014, LB692, § 1;
Laws 2023, LB254, § 6.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1313 - Nebraska Educational Telecommunications Commission; creation; purpose.

79-1313.
Nebraska Educational Telecommunications Commission; creation; purpose.
The Nebraska Educational Telecommunications Act creates the Nebraska Educational Telecommunications Commission for the purpose of (1) promoting and establishing noncommercial educational telecommunications facilities within the State of Nebraska, (2) providing noncommercial educational telecommunications programs throughout the State of Nebraska by digital broadcast, by closed-circuit transmission, by Internet-based delivery, or by other telecommunications technology distribution systems, (3) operating statewide educational and public radio and television networks, facilities, and services, and (4) providing closed-captioned live video coverage of the Legislature as provided in section 79-1316. The commission shall seek funding from federal, state, foundation, and private sources for capital construction and annual operations.
Source
Laws 1963, c. 468, § 1, p. 1497;
Laws 1984, LB 645, § 1;
Laws 1986, LB 461, § 1;
R.S.1943, (1994), § 79-2101;
Laws 1996, LB 900, § 969;
Laws 1997, LB 347, § 50;
Laws 2014, LB692, § 2;
Laws 2023, LB254, § 7.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1314 - Terms, defined.

79-1314.
Terms, defined.
For purposes of the Nebraska Educational Telecommunications Act, unless the context otherwise requires:
(1) Telecommunications includes statewide digital public television and public radio transmissions and other telecommunications technology distribution systems; and
(2) Educational telecommunications means the organization and use of programs, technologies, and devices to store, archive, retrieve, process, display, receive, or transmit, by any means, information for the purpose of carrying out educational or other governmental entities' objectives.
Source
Laws 1984, LB 645, § 2;
Laws 1986, LB 461, § 3;
R.S.1943, (1994), § 79-2106.01;
Laws 1996, LB 900, § 970;
Laws 1997, LB 347, § 51;
Laws 2014, LB692, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1315 - Nebraska Educational Telecommunications Commission; membership; appointment; term; expenses.

79-1315.
Nebraska Educational Telecommunications Commission; membership; appointment; term; expenses.
(1) The Nebraska Educational Telecommunications Commission shall be composed of eleven members, as follows: (a) The Commissioner of Education or his or her designee; (b) the President of the University of Nebraska or his or her designee; (c) a representative of the state colleges; (d) a representative of the community colleges; (e) a representative of private educational institutions of the State of Nebraska; and (f) six members of the general public, none of whom shall be associated with any of the institutions listed in subdivisions (a) through (e) of this subsection and two of whom shall be from each congressional district. No more than four of the members shall be actively engaged in the teaching profession or administration of an educational institution.
(2) The members described in subdivisions (1)(c) through (1)(f) of this section shall be appointed by the Governor with the approval of the Legislature for terms of four years, and the term of the member described in subdivision (1)(d) of this section shall be the same as the term of the member described in subdivision (1)(c) of this section. Vacancies shall be filled by the Governor for the unexpired term. The commission shall be nonpolitical in character, and selection of the members of the commission shall be made on a nonpolitical basis. No member of the commission shall receive any compensation for his or her services. Reimbursement shall be provided for reasonable and necessary expenses incurred in attending scheduled meetings of the commission as provided in sections 81-1174 to 81-1177.
If the Commissioner of Education is unable to attend a commission meeting, his or her designee is authorized to act on behalf of the commissioner, and if the President of the University of Nebraska or his or her designee is unable to attend a commission meeting, the Executive Vice President and Provost for academic affairs is authorized to act on his or her behalf.
Source
Laws 1963, c. 468, § 2, p. 1497;
Laws 1965, c. 534, § 1, p. 1679;
Laws 1969, c. 741, § 1, p. 2794;
Laws 1969, c. 742, § 1, p. 2795;
Laws 1981, LB 204, § 161;
Laws 1984, LB 645, § 3;
Laws 1988, LB 939, § 1;
Laws 1991, LB 43, § 1;
Laws 1994, LB 854, § 1;
R.S.1943, (1994), § 79-2102;
Laws 1996, LB 900, § 971;
Laws 1997, LB 347, § 52;
Laws 2015, LB525, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1317 - Educational telecommunications; commission; establish fees.

79-1317.
Educational telecommunications; commission; establish fees.
The Nebraska Educational Telecommunications Commission, in consultation with users of its telecommunications facilities, networks, and equipment, may establish user fees, penalty fees, or other fees as necessary for and consistent with the efficient and orderly use of its facilities, networks, and equipment.
Source
Laws 1995, LB 89, § 2;
R.S.Supp.,1995, § 79-2103.01;
Laws 1996, LB 900, § 973;
Laws 2014, LB692, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1318 - Educational telecommunications; commission; instrumentality of state; may sue and be sued.

79-1318.
Educational telecommunications; commission; instrumentality of state; may sue and be sued.
The Nebraska Educational Telecommunications Commission is hereby constituted an instrumentality of the State of Nebraska and may sue and be sued by the name Nebraska Educational Telecommunications Commission.
Source
Laws 1963, c. 468, § 4, p. 1499;
Laws 1984, LB 645, § 5;
R.S.1943, (1994), § 79-2104;
Laws 1996, LB 900, § 974.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1319 - Educational telecommunications; operation on noncommercial basis; exceptions; service available to all schools and colleges; costs.

79-1319.
Educational telecommunications; operation on noncommercial basis; exceptions; service available to all schools and colleges; costs.
All telecommunications facilities operated or supervised by the Nebraska Educational Telecommunications Commission shall be operated at all times on a noncommercial basis, except that revenue may be generated from other nonprofit or commercial sources through contractual arrangements involving excess transmission spectrum or transmission and production facilities. All contractual arrangements shall be based on sound business principles that are made in the best interest of the State of Nebraska. The commission may also enter into partnerships with public or private entities for the purpose of jointly building and operating tower and other transmission structures. All telecommunications facilities operated or supervised by the commission shall not produce or be involved in the production of commercials and shall not be involved in the distribution or retransmission of national commercial and subscription television channels.
Operational and administrative service pertinent to the production and utilization of educational telecommunications services shall be made available to all schools and colleges of Nebraska on the basis of the actual cost of production exclusive of general overhead expense.
Source
Laws 1963, c. 468, § 5, p. 1499;
Laws 1984, LB 645, § 6;
R.S.1943, (1994), § 79-2105;
Laws 1996, LB 900, § 975;
Laws 1996, LB 1138, § 1;
Laws 1999, LB 860, § 1;
Laws 2006, LB 1208, § 24;
Laws 2014, LB692, § 6.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1320 - State Educational Telecommunications Fund; created; use; investment.

79-1320.
State Educational Telecommunications Fund; created; use; investment.
The State Educational Telecommunications Fund is created. The fund shall be used by the Nebraska Educational Telecommunications Commission for the purposes of carrying out the provisions of the Nebraska Educational Telecommunications Act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Educational Telecommunications Fund shall consist of such sums as the Legislature may appropriate. 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 1963, c. 467, § 1, p. 1496;
Laws 1969, c. 584, § 91, p. 2402;
Laws 1984, LB 645, § 8;
Laws 1995, LB 7, § 92;
R.S.Supp.,1995, § 79-2107;
Laws 1996, LB 900, § 976;
Laws 2009, First Spec. Sess., LB3, § 60.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1321 - Act; not construed to require violation of federal copyright law.

79-1321.
Act; not construed to require violation of federal copyright law.
Nothing in the Nebraska Educational Telecommunications Act shall be construed to require the Nebraska Educational Telecommunications Commission to post or distribute any work in a manner that would constitute a violation of federal copyright law.
Source
Laws 2023, LB254, § 9.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1322 - Commission; power of eminent domain; purpose.

79-1322.
Commission; power of eminent domain; purpose.
Subject to the approval of the Legislature and, if the Legislature is not in session, the Executive Board of the Legislative Council, the Nebraska Educational Telecommunications Commission is authorized and empowered to acquire in the name of the State of Nebraska real estate by the use of eminent domain as provided in sections 72-213 to 72-222 for the following purposes:
(1) For transmitter buildings and tower sites with access roads;
(2) For guy anchors for towers; and
(3) For transmission and reception facilities of telecommunications technology distribution systems.
Source
Laws 1965, c. 535, § 1, p. 1680;
Laws 1969, c. 745, § 1, p. 2805;
Laws 1984, LB 645, § 9;
Laws 1986, LB 461, § 4;
R.S.1943, (1994), § 79-2109;
Laws 1996, LB 900, § 978;
Laws 1997, LB 347, § 54.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1503 - Education Commission of the States; bylaws; file.

79-1503.
Education Commission of the States; bylaws; file.
Pursuant to Article III (i) of the Compact for Education, the Education Commission of the States shall file a copy of its bylaws and any amendment thereto with the Governor.
Source
Laws 1967, c. 516, § 3, p. 1737;
R.S.1943, (1994), § 79-2503;
Laws 1996, LB 900, § 1002.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1504 - Education Commission of the States; members; selection.

79-1504.
Education Commission of the States; members; selection.
The provisions of Article III, SECTION A., of the Compact for Education notwithstanding, the members of the Education Commission of the States representing this state shall consist of the Governor, three members of the Legislature selected by the Executive Board of the Legislative Council, and three members appointed by the Governor. Of the three members appointed by the Governor, one member shall be a member of a school board or an appointed representative of a state association of school boards.
Source
Laws 1967, c. 516, § 4, p. 1737;
Laws 1987, LB 199, § 1;
R.S.1943, (1994), § 79-2504;
Laws 1996, LB 900, § 1003;
Laws 2018, LB377, § 84.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1602 - Providing false information; penalty.

79-1602.
Providing false information; penalty.
Any person who, as an authorized representative of a parent or legal guardian, transmits information required by subsections (3) through (6) of section 79-1601 knowing such information to be false shall be guilty of a Class IIIA misdemeanor.
Any person who knowingly gives false information to an authorized representative of a parent or legal guardian, knowing that such information is intended to be transmitted to the State Board of Education, shall be guilty of a Class IIIA misdemeanor.
Source
Laws 1984, LB 928, § 4;
R.S.1943, (1994), § 79-1701.01;
Laws 1996, LB 900, § 1005;
Laws 1999, LB 813, § 56.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1603 - Private, denominational, or parochial schools; religious instruction; sections, how construed.

79-1603.
Private, denominational, or parochial schools; religious instruction; sections, how construed.
Nothing contained in sections 79-1601 to 79-1607 shall be so construed as to interfere with religious instruction in any private, denominational, or parochial school.
Source
Laws 1919, c. 155, § 3, p. 349;
Laws 1921, c. 53, § 1(j), p. 230;
C.S.1922, § 6508h;
C.S.1929, § 79-1908;
R.S.1943, § 79-1915;
Laws 1949, c. 256, § 508, p. 864;
R.S.1943, (1994), § 79-1703;
Laws 1996, LB 900, § 1006.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1604 - Private, denominational, or parochial schools; management and control.

79-1604.
Private, denominational, or parochial schools; management and control.
For the purposes of sections 79-1601 to 79-1607, the owner or governing board of any private, denominational, or parochial school shall have authority to select and purchase textbooks, equipment, and supplies, to employ teachers, and to have and exercise the general management of the school, subject to the provisions of such sections.
Source
Laws 1919, c. 155, § 4, p. 349;
Laws 1921, c. 53, § 1(k), p. 230;
C.S.1922, § 6508i;
C.S.1929, § 79-1909;
R.S.1943, § 79-1916;
Laws 1949, c. 256, § 509, p. 864;
R.S.1943, (1994), § 79-1704;
Laws 1996, LB 900, § 1007.
Cross References
Textbook loan program, see section 79-734.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1605 - Private, denominational, or parochial schools; inspection by public school official; when required.

79-1605.
Private, denominational, or parochial schools; inspection by public school official; when required.
The superintendent of the school district in which any private, denominational, or parochial school is located, which school is not otherwise inspected by an area or diocesan representative holding a Nebraska certificate to administer, shall inspect such schools and report to the proper officers any evidence of failure to observe any of the provisions of sections 79-1601 to 79-1607. The Commissioner of Education, when in his or her judgment it is deemed advisable, may appoint a public school official other than such superintendent, including a member of the State Department of Education, for such inspections. Such appointee shall hold a Nebraska certificate to administer. The State Board of Education shall require the superintendents and appointed public school officials to make such inspections at least twice a year, and the school officers of such schools and the teachers giving instruction in such schools shall permit such inspection and assist and cooperate in the making of the same.
Source
Laws 1919, c. 155, § 6, p. 349;
Laws 1921, c. 53, § 1(m), p. 231;
C.S.1922, § 6508k;
C.S.1929, § 79-1911;
R.S.1943, § 79-1918;
Laws 1949, c. 256, § 510, p. 865;
Laws 1971, LB 254, § 1;
Laws 1973, LB 395, § 1;
Laws 1978, LB 441, § 1;
R.S.1943, (1994), § 79-1705;
Laws 1996, LB 900, § 1008;
Laws 1999, LB 272, § 114;
Laws 2003, LB 685, § 26;
Laws 2021, LB528, § 45.
Annotations
This section did not violate constitutional provision respecting freedom of religion. Meyerkorth v. State, 173 Neb. 889, 115 N.W.2d 585 (1962).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1606 - Private, denominational, or parochial schools; nonconformity with school law; penalty.

79-1606.
Private, denominational, or parochial schools; nonconformity with school law; penalty.
In case any private, denominational, or parochial school, after a final determination by the proper authorities under sections 79-1601 to 79-1607, fails, refuses, or neglects to conform to and comply with such sections, no person shall be granted or allowed a certificate to teach in such school and the students attending such school shall be required to attend the public school of the proper district as provided by law in like manner as though there were no such private, denominational, or parochial school. Full credit for certification under the law shall be given all teachers who have taught in private, denominational, or parochial schools the same as though they had taught in public schools.
Source
Laws 1919, c. 155, § 7, p. 349;
Laws 1921, c. 53, § 1(n), p. 231;
C.S.1922, § 6508l;
C.S.1929, § 79-1912;
R.S.1943, § 79-1919;
Laws 1949, c. 256, § 511, p. 865;
R.S.1943, (1994), § 79-1706;
Laws 1996, LB 900, § 1009;
Laws 2009, LB549, § 50.
Annotations
This section did not violate constitutional provision respecting freedom of religion. Meyerkorth v. State, 173 Neb. 889, 115 N.W.2d 585 (1962).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1607 - Violations; penalty.

79-1607.
Violations; penalty.
Any person violating any of the provisions of sections 79-1601 to 79-1606 shall be guilty of a Class III misdemeanor.
Source
Laws 1919, c. 155, § 8, p. 350;
Laws 1921, c. 53, § 1(o), p. 231;
C.S.1922, § 6508m;
C.S.1929, § 79-1913;
R.S.1943, § 79-1920;
Laws 1949, c. 256, § 512, p. 865;
Laws 1977, LB 39, § 261;
R.S.1943, (1994), § 79-1707;
Laws 1996, LB 900, § 1010.
Annotations
The fact that conduct is subject to the criminal penalties under these sections does not proscribe granting of injunctive relief. State ex rel. Douglas v. Bigelow, 214 Neb. 464, 334 N.W.2d 444 (1983).
The provision for penal sanctions in the event of violations of the various statutory provisions relating to compulsory education and operation of private, denominational, and parochial schools does not foreclose the possibility of injunctive relief. State ex rel. Douglas v. Faith Baptist Church of Louisville, 207 Neb. 802, 301 N.W.2d 571 (1981).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1701 - Acts, proceedings, and appropriations; validation.

79-1701.
Acts, proceedings, and appropriations; validation.
Any acts and proceedings undertaken or funds appropriated in accordance with and pursuant to Laws 1991, LB 511, and prior to April 16, 1992, are hereby deemed undertaken pursuant to Laws 1992, LB 245, legalized, and validated if in compliance with Laws 1991, LB 511.
Source
Laws 1992, LB 245, § 96;
R.S.1943, (1994), § 79-4,240;
Laws 1996, LB 900, § 1011.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1702 - Legislative intent; recodification.

79-1702.
Legislative intent; recodification.
It is the intent of the Legislature that the provisions of sections 79-101 to 79-1703 constitute a recodification of Chapter 79 of the Revised Statutes of Nebraska. The purpose of Laws 1996, LB 900, is to reorganize the laws within Chapter 79 and to modernize terminology. Sections 79-101 to 79-1703 should not be construed to change the meaning, intent, application, or effect of any provision in Chapter 79 as such existed prior to July 19, 1996. Article names and part names printed in Laws 1996, LB 900, are for informational purposes only and are not part of the law.
Source
Laws 1996, LB 900, § 1012.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1703 - Rules and regulations; internal references; how construed.

79-1703.
Rules and regulations; internal references; how construed.
Any reference to a Chapter 79 section number contained in rules and regulations adopted and promulgated prior to July 19, 1996, shall be deemed to refer to the section in Laws 1996, LB 900, containing the referenced provisions without requiring any revision of the rules or regulations, regardless of the section number assigned to such section as part of the codification process.
Source
Laws 1996, LB 900, § 1013.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1802 - Legislative findings.

79-1802.
Legislative findings.
The Legislature finds and declares that:
(1) For the benefit of the people of the State of Nebraska, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the greatest opportunity to learn and to fully develop their intellectual and mental capacities and skills;
(2) To achieve these ends it is of the utmost importance that elementary and secondary schools within the state be provided with appropriate additional means of assisting such youth in achieving the required levels of learning and development of their intellectual and mental capacities and skills;
(3) It is the purpose of the Nebraska Elementary and Secondary School Finance Authority Act to provide a measure of assistance and an alternative method of enabling elementary and secondary schools in the state to finance the acquisition, construction, and renovation of needed educational facilities and structures and to refund, refinance, or reimburse outstanding indebtedness incurred by them or advances made by them, including advances from an endowment or any other similar fund, for the construction, acquisition, or renovation of needed educational facilities and structures, whether or not constructed, acquired, or renovated prior to September 13, 1997; and
(4) The financing and refinancing of educational facilities, through means other than the appropriation of public funds to elementary and secondary schools, as described in the act, is a valid public purpose.
Source
Laws 1997, LB 809, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1804 - Authority, defined.

79-1804.
Authority, defined.
Authority means the Nebraska Elementary and Secondary School Finance Authority created by the Nebraska Elementary and Secondary School Finance Authority Act or any board, body, commission, department, or office succeeding to the principal functions thereof or to whom the powers conferred upon such authority by the act are given by law.
Source
Laws 1997, LB 809, § 4.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1805 - Bonds, defined.

79-1805.
Bonds, defined.
Bonds means bonds, notes, or other obligations of the authority issued under the Nebraska Elementary and Secondary School Finance Authority Act, including refunding bonds, notwithstanding that the same may be secured by the full faith and credit of an elementary or secondary school or any other lawfully pledged security of an elementary or secondary school.
Source
Laws 1997, LB 809, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1806 - Cost, defined.

79-1806.
Cost, defined.
Cost as applied to a project or any portion thereof financed under the Nebraska Elementary and Secondary School Finance Authority Act means all or any part of the cost of any capital expenditure by an elementary or secondary school, including, but not limited to, construction and acquisition of all land, buildings, or structures, including the cost of machinery and equipment; finance charges; interest prior to, during, and after completion of such construction for a reasonable period as determined by the authority; reserves for principal and interest; extensions, enlargements, additions, replacements, renovations, and improvements; engineering, financial, and legal services; plans, specifications, studies, surveys, estimates of cost of revenue, administrative expenses, expenses necessary or incidental to determining the feasibility or practicability of constructing the project; and such other expenses as the authority determines may be necessary or incidental to the construction and acquisition of the project, the financing of such construction and acquisition, and the placing of the project in operation.
Source
Laws 1997, LB 809, § 6.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1807 - Elementary or secondary school, defined.

79-1807.
Elementary or secondary school, defined.
Elementary or secondary school means a not-for-profit educational institution located within this state which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which is authorized by law to provide a program of education which:
(1) Is for any or all of the grades kindergarten through twelfth grade;
(2) Is approved or accredited by the State Department of Education; and
(3) Does not discriminate in the admission of students on the basis of race, color, creed, national origin, ancestry, age, sex, or handicap, except that nothing in the Nebraska Elementary and Secondary School Finance Authority Act shall be construed or interpreted to prohibit the authority from financing a project for any elementary or secondary school which admits only students of a single gender.
Source
Laws 1997, LB 809, § 7.