reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1515 - Board; power to sell revenue and general obligation bonds; purpose; sinking fund; purpose; election required; when; state liability.

85-1515.
Board; power to sell revenue and general obligation bonds; purpose; sinking fund; purpose; election required; when; state liability.
Each board may issue and sell revenue bonds and general obligation bonds for the purchase, construction, reconstruction, equipping, demolition, or alteration of capital assets, including accessibility barrier elimination project costs and abatement of environmental hazards as such terms are defined in section 79-10,110, and the acquisition of sites, rights-of-way, easements, improvements, or appurtenances and other facilities connected with the operation of the community colleges. Each board may establish in its budget a capital improvement and bond sinking fund. Such fund shall be used (1) first for the retirement of bonds assumed by the board in accordance with the provisions of such bonds, (2) then for (a) renewal work and deferred maintenance as defined in section 81-173, (b) handicapped access and life safety improvements made to existing structures or grounds including accessibility barrier elimination project costs and abatement of environmental hazards as such terms are defined in section 79-10,110, and (c) projects designed to prevent or correct a waste of energy, including measures taken to utilize alternate energy sources, all in accordance with the capital facilities plan of the community college area, (3) then for the retirement of bonds issued pursuant to this section, and (4) then for the purchasing, purchasing on contract, constructing, and improving of facilities necessary to carry out sections 85-1501 to 85-1540. Revenue bonds issued shall be subject to sections 85-1520 to 85-1527. No general obligation bonds shall be issued without the approval by a majority vote of the qualified electors of the community college area voting in an election called for such purpose pursuant to section 85-1518. No bonds issued under sections 85-1501 to 85-1540 shall be an obligation of the State of Nebraska, and no state tax shall be levied to raise funds for the payment thereof or interest thereon.
Source
Laws 1975, LB 344, § 13;
Laws 1978, LB 922, § 4;
Laws 1980, LB 824, § 1;
Laws 1987, LB 329, § 2;
Laws 1988, LB 802, § 33;
Laws 1992, LB 1001, § 34;
R.S.Supp.,1992, § 79-2648;
Laws 1993, LB 239, § 37;
Laws 1996, LB 900, § 1083;
Laws 1997, LB 269, § 70.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1516 - Board; power to issue warrants; purpose; limitation; obligation of area; how paid.

85-1516.
Board; power to issue warrants; purpose; limitation; obligation of area; how paid.
Each board may issue warrants in an amount necessary to finance the operating expenses of the community college area until the proceeds of the tax levy as provided in section 85-1517 are received. The amount of such warrants plus interest shall not exceed the amount of the money to be received from the property tax levy. Whenever such warrants are issued, they shall be the general obligation of the community college area and the full faith and credit of the community college area shall be pledged to retire such warrants. In addition the board shall set aside from the proceeds of the property tax levied pursuant to sections 85-1501 to 85-1540 an amount sufficient to pay the warrants and the interest on such warrants. Such warrants shall be subject to registration as provided in sections 77-2201 to 77-2215.
Source
Laws 1975, LB 344, § 14;
Laws 1988, LB 802, § 34;
R.S.Supp.,1992, § 79-2649;
Laws 1993, LB 239, § 38;
Laws 1997, LB 269, § 71.
Annotations
Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1518 - Tax funds; voter approval required; procedure.

85-1518.
Tax funds; voter approval required; procedure.
(1) If a board determines that it is necessary for the proper management and operation of the community college area to expend tax funds in a manner requiring a vote of the people, the board may by resolution place the proposition for such expenditure on the general or primary ballot or call for a special election in such area for the purpose of approving such expenditure. The proposition appearing on the ballot in any election shall state the purpose for which such tax funds will be spent and the amount of funds to be so expended. Such proposition shall be adopted if approved by a majority of those voting in such election.
(2) The resolution calling for the election and the election notice shall show the proposed purpose for which such tax funds will be expended and the amount of money sought.
(3) Notice of the election shall state the date of the election and the hours the polls will be open. Such notice shall be published in a newspaper that is published in or of general circulation in such community college area at least twenty days prior to such election. If no newspaper is published in or of general circulation in the community college area, notice shall be posted at least twenty days prior to such election in at least two public places in each county in the community college area.
(4) If a special election is called, the board shall prescribe the form of the ballot to be used.
Source
Laws 1978, LB 922, § 3;
Laws 1979, LB 363, § 3;
R.S.1943, (1987), § 79-2650.03;
Laws 1993, LB 239, § 40.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1519 - Capital construction project; bids; board; adopt plans and specifications.

85-1519.
Capital construction project; bids; board; adopt plans and specifications.
Each board shall adopt plans and specifications in advance of letting bids for any capital construction project. Such plans and specifications shall be the basis upon which the bids are received.
Source
Laws 1978, LB 922, § 8;
R.S.1943, (1987), § 79-2650.06;
Laws 1993, LB 239, § 41.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1520 - Facilities; construct, purchase, repair, and equip; revenue bonds; authorized.

85-1520.
Facilities; construct, purchase, repair, and equip; revenue bonds; authorized.
Each board may construct, purchase, or otherwise acquire, remodel, repair, furnish, and equip dormitories, residence halls, single-dwelling units, multiple-dwelling units, or other facilities for (1) the housing or boarding of single or married students, faculty, or other employees of the institution under its control, (2) buildings and structures for student and faculty unions or centers, and (3) the medical care and other activities of the students of such institutions, on real estate owned or controlled by such board or on real estate purchased, leased, or otherwise acquired for such purpose and pay the cost thereof, including the cost of such real estate, by issuing revenue bonds payable out of the revenue from such buildings or facilities, the revenue from the tax levy authorized pursuant to subdivision (1)(b) of section 85-1517 for fiscal years prior to fiscal year 2013-14 and subdivision (2)(b) of section 85-1517 for fiscal year 2013-14 and each fiscal year thereafter, or a combination thereof. Any such buildings or facilities shall be located on or adjacent to a campus or campuses controlled by such board.
Source
Laws 1987, LB 329, § 3;
R.S.1943, (1987), § 79-2650.08;
Laws 1993, LB 239, § 42;
Laws 2012, LB946, § 19.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1521 - Revenue bonds; pledge of revenue; payment; board; powers and duties; bonds not obligation of state.

85-1521.
Revenue bonds; pledge of revenue; payment; board; powers and duties; bonds not obligation of state.
Each board may, by resolution or agreement, pledge all or any part of the revenue and fees derived from the operation of the dormitories, residence halls, single-dwelling units, multiple-dwelling units, buildings, and other facilities for housing, boarding, medical care, and other activities of students, faculty, or employees of the institution under its control erected or acquired or previously erected or acquired by any such board and contract as to the care, insurance, management, and operation of such buildings and facilities and the charges to be made and the rights of the holders of the revenue bonds. When any board contracts that the operation of any building or facility or part thereof shall be performed other than by the board itself, such board shall at all times maintain supervision of and control over the fees and charges imposed for the use of such building, facility, or part. In issuing revenue bonds and pledging revenue therefor, the board may pledge all or any part of the revenue and fees from buildings and facilities other than the building or facility to be constructed. Bonds issued under sections 85-1520 to 85-1527 shall not be an obligation of the State of Nebraska, and no tax, except for the tax authorized under subdivision (1)(b) of section 85-1517 for fiscal years prior to fiscal year 2013-14 and subdivision (2)(b) of section 85-1517 for fiscal year 2013-14 and each fiscal year thereafter, shall ever be levied to raise funds for the payment thereof or interest thereon. The bonds shall constitute limited obligations of the board issuing the same and shall be paid out of revenue from the tax levy authorized pursuant to subdivision (1)(b) of section 85-1517 for fiscal years prior to fiscal year 2013-14 and subdivision (2)(b) of section 85-1517 for fiscal year 2013-14 and each fiscal year thereafter and out of money derived from the revenue and earnings pledged as provided in sections 85-1501 to 85-1540.
Source
Laws 1987, LB 329, § 4;
Laws 1988, LB 802, § 35;
R.S.Supp.,1992, § 79-2650.09;
Laws 1993, LB 239, § 43;
Laws 1997, LB 269, § 73;
Laws 2012, LB946, § 20.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1522 - Revenue bonds; where payable.

85-1522.
Revenue bonds; where payable.
All revenue bonds issued pursuant to sections 85-1515 and 85-1520 to 85-1527 may be payable at the office of the State Treasurer, at such bank or trust company, either within or without the State of Nebraska, or at such other place as may be determined by the board.
Source
Laws 1987, LB 329, § 5;
R.S.1943, (1987), § 79-2650.10;
Laws 1993, LB 239, § 44;
Laws 2001, LB 420, § 36.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1523 - Revenue bond proceeds; use; board; establish charges.

85-1523.
Revenue bond proceeds; use; board; establish charges.
The proceeds of revenue bonds provided for in section 85-1515, 85-1520, or 85-1521 shall be used solely for the purpose for which the bonds are issued and for the expenses of issuing such bonds. The board shall establish and maintain a schedule of rates, fees, or charges for the use of the facilities constructed or acquired by the issuance of revenue bonds and other facilities controlled by the board, the revenue of which, in whole or in part, is pledged to the holder of the bonds, which shall be in an amount at least sufficient, on the amortization plan, to pay the operating and maintenance charges of the facilities and the principal and interest representing the indebtedness against the income and revenue therefrom.
Source
Laws 1987, LB 329, § 6;
R.S.1943, (1987), § 79-2650.11;
Laws 1993, LB 239, § 45.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1524 - Revenue refunding bonds; authorized.

85-1524.
Revenue refunding bonds; authorized.
For the purpose of refunding any revenue bonds which may have been issued and are outstanding, the respective boards may issue revenue refunding bonds in the same manner as provided in sections 85-1520 to 85-1527 for the issuance of revenue bonds.
Source
Laws 1987, LB 329, § 7;
R.S.1943, (1987), § 79-2650.12;
Laws 1993, LB 239, § 46.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1525 - Board; furnish utilities.

85-1525.
Board; furnish utilities.
Each board may furnish heat, light, power, and other similar utilities to any facility or for any activities covered by sections 85-1515 and 85-1520 to 85-1527 without charging for the provision of such utilities against the revenue derived from such facility or activity.
Source
Laws 1987, LB 329, § 8;
R.S.1943, (1987), § 79-2650.13;
Laws 1993, LB 239, § 47.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1526 - Bonds; interest; exempt from taxation.

85-1526.
Bonds; interest; exempt from taxation.
In issuing revenue bonds pursuant to section 85-1515 or sections 85-1520 to 85-1527, the board issuing such bonds shall be a governmental subdivision and instrumentality of the State of Nebraska and all bonds issued under the authority of such sections, together with interest on such bonds, shall be wholly exempt from taxation.
Source
Laws 1987, LB 329, § 9;
R.S.1943, (1987), § 79-2650.14;
Laws 1993, LB 239, § 48.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1527 - Board; bonds; powers.

85-1527.
Board; bonds; powers.
Each board may do any and all things necessary and convenient to carry out the purposes and intent of sections 85-1515 and 85-1520 to 85-1527.
Source
Laws 1987, LB 329, § 10;
R.S.1943, (1987), § 79-2650.15;
Laws 1993, LB 239, § 49.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1528 - Teachers and school nurses; contract; renewal; exceptions; amend or terminate; notice; hearings; decision.

85-1528.
Teachers and school nurses; contract; renewal; exceptions; amend or terminate; notice; hearings; decision.
The contracts of the teaching staff and school nurses employed by a board of a community college shall require the sanction of a majority of the members of the board. Except as provided in section 85-1534, each such contract shall be deemed renewed and in force and effect until a majority of the board votes, sixty days before the close of the contract period, to amend or terminate the contract for just cause. The secretary of the board shall notify each teacher or school nurse in writing at least ninety days before the close of the contract period of any conditions of unsatisfactory performance or a reduction in teaching staff or nursing staff that the board considers may be just cause to either amend or terminate the contract for the ensuing year. Any teacher or school nurse so notified shall have the right to file within five days of receipt of such notice a written request with the board for a hearing before the board. Upon receipt of such request, the board shall order the hearing to be held within ten days and shall give written notice of the time and place of the hearing to the teacher or school nurse. At the hearing, evidence shall be presented in support of the reasons given for considering amendment or termination of the contract, and the teacher or school nurse shall be permitted to produce evidence related thereto. The board shall render the decision to amend or terminate a contract based on the evidence produced at the hearing.
Source
Laws 1993, LB 239, § 50.
Annotations
A community college employee whose duties are primarily administrative and who does not hold a teaching certificate is not a teacher for purposes of this section, even if the employee occasionally teaches. Apland v. Northeast Community College, 8 Neb. App. 621, 599 N.W.2d 233 (1999).
Statutory requirements in this section concerning the timing of a hearing regarding proposed termination of an employee's contract prevail over any contrary provisions in an educational institution's reduction in force policy. Nothing in this section suggests that the Legislature intended to include part-time employees in the statutory reduction in force provisions. Ackerman v. Metropolitan Community College Area, 6 Neb. App. 536, 575 N.W.2d 181 (1998).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1529 - Teachers and school nurses; additional contract rights; not affected.

85-1529.
Teachers and school nurses; additional contract rights; not affected.
This section and section 85-1528 shall be construed as providing a minimum standard and not as repealing any rule, regulation, order, or other action of a board that provides for additional contract rights pertaining to the same subject matter.
Source
Laws 1993, LB 239, § 51.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1530 - Board; adopt reduction-in-force policy; contents.

85-1530.
Board; adopt reduction-in-force policy; contents.
Each board shall adopt a reduction-in-force policy covering employees subject to such statutory provisions to carry out the intent of sections 85-1530 to 85-1533. No such policy shall allow the reduction of a permanent or tenured employee while a probationary employee is retained to render a service which such permanent employee is qualified by reason of certification and endorsement to perform or, if certification is not applicable, by reason of college credits in the teaching area. If employee evaluation is to be included as a criterion to be used for reduction in force, specific criteria, such as frequency of evaluation, evaluation forms, and number and length of classroom observations shall be included as part of the reduction-in-force policy.
Source
Laws 1993, LB 239, § 52.
Annotations
This section does not apply to part-time employees. An educational institution does not need to literally attach evaluation forms to its reduction in force policy, so long as the policy sets forth specific criteria to be used in conducting evaluations. Ackerman v. Metropolitan Community College Area, 6 Neb. App. 536, 575 N.W.2d 181 (1998).
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1531 - Reduction in force; board and administration; duties.

85-1531.
Reduction in force; board and administration; duties.
Before a reduction in force occurs, the board and administration shall present competent evidence demonstrating that a change in circumstances has occurred, necessitating a reduction in force. Any alleged change in circumstances shall be specifically related to the teacher or teachers to be reduced in force, and the board, based upon evidence produced at the hearing required by section 85-1528 shall be required to specifically find that there are no other vacancies on the staff for which the employee to be reduced is qualified by endorsement or professional training to perform.
Source
Laws 1993, LB 239, § 53.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1532 - Reduction in force; employee; contract terminated; effect; recall; rights.

85-1532.
Reduction in force; employee; contract terminated; effect; recall; rights.
Any employee whose contract is terminated because of reduction in force shall be considered to have been dismissed with honor and shall upon request be provided a letter to that effect. Such employee shall have preferred rights to reemployment for a period of twenty-four months commencing at the end of the contract year of such employee, and the employee shall be recalled on the basis of length of service to the community college area to any position for which he or she is qualified by endorsement or college preparation to teach. The employee shall, upon reappointment, retain any benefits which had accrued to such employee prior to termination, but such leave of absence shall not be considered as a year of employment by the area. An employee under contract to another educational institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.
Source
Laws 1993, LB 239, § 54.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1533 - Reduction in force; noncompliance with federal or state law; how treated.

85-1533.
Reduction in force; noncompliance with federal or state law; how treated.
Notwithstanding sections 85-1530 to 85-1532, if the reduction of an employee based upon the provisions of such sections would place a community college area in noncompliance of any federal or state law or regulations requiring affirmative action employment practices, the area may vary from the provisions of such sections as necessary to comply with such laws or regulations.
Source
Laws 1993, LB 239, § 55.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1534 - Contract; probationary period required.

85-1534.
Contract; probationary period required.
Any contract of employment entered into after September 9, 1993, between the teaching staff and a board which applies to the first two years of the employment of such teaching staff shall provide that the first two years of the employment of such teacher are a probationary period. Any such contract may be terminated during the probationary period without cause.
Source
Laws 1993, LB 239, § 56.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1534.01 - Leave of absence; effect.

85-1534.01.
Leave of absence; effect.
A person who has been hired to fulfill the duties of a teacher or school nurse who is on a leave of absence shall not accrue rights under sections 85-1528 to 85-1534 during the period that the person is fulfilling such duties.
Source
Laws 2005, LB 352, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1535 - Facilities for applied technology educational programs; contracts authorized; costs.

85-1535.
Facilities for applied technology educational programs; contracts authorized; costs.
(1) A board of a community college area with a population of less than one hundred thousand according to the last federal decennial census and a campus located on a former military base may enter into contracts with any person, firm, or corporation providing for the implementation of any project for the constructing and improving of facilities to house applied technology educational programs necessary to carry out sections 85-1501 to 85-1540 and providing for the long-term payment of the cost of such project.
(2) In no case shall any such contract run for a period longer than twenty years or shall the aggregate of existing contracts exceed four million five hundred thousand dollars for each area exclusive of administrative costs, credit enhancement costs, financing costs, capitalized interest, and reserves dedicated to secure payment of contracts.
(3) No contract shall be entered into pursuant to this section without prior approval by a resolution of the board and the approval of the Coordinating Commission for Postsecondary Education.
(4) The long-term payment of the cost of such project shall be paid from revenue to be raised pursuant to (a) subdivision (1)(b) of section 85-1517 for fiscal years prior to fiscal year 2013-14 and (b) subdivision (2)(b) of section 85-1517 for fiscal year 2013-14 and each fiscal year thereafter. Any board entering into such contract for the construction and improvement of facilities from revenue to be raised pursuant to such subdivisions shall make annual appropriations for amounts sufficient to pay annual obligations under such contract for the duration of such contract.
(5) The board may also convey or lease and lease back all or any part of the project and the land on which such project is situated to such person, firm, or corporation as the board may contract with pursuant to this section to facilitate the long-term payment of the cost of such project. Any such conveyance or lease shall provide that when the cost of such project has been paid, together with interest and other costs thereon, such project and the land on which such project is located shall become the property of the community college area.
Source
Laws 1993, LB 239, § 57;
Laws 1997, LB 269, § 74;
Laws 2011, LB59, § 7;
Laws 2012, LB946, § 21.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1540 - Nebraska Community College Student Performance and Occupational Education Grant Fund; created; administration; use; investment.

85-1540.
Nebraska Community College Student Performance and Occupational Education Grant Fund; created; administration; use; investment.
There is hereby created the Nebraska Community College Student Performance and Occupational Education Grant Fund. The fund shall be under the direction of the Nebraska Community College Student Performance and Occupational Education Grant Committee and shall be administered by the Coordinating Commission for Postsecondary Education. The fund shall consist of 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 provide aid or grants to the community colleges pursuant to section 85-1539. 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 1989, LB 305, § 1;
Laws 1991, LB 663, § 52;
R.S.Supp.,1992, § 79-2664;
Laws 1993, LB 239, § 62;
Laws 1994, LB 1066, § 140;
Laws 1995, LB 1, § 16;
Laws 2000, LB 953, § 12;
Laws 2012, LB946, § 23;
Laws 2013, LB211, § 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 › 85-1541 - Activities pass; volunteer, defined.

85-1541.
Activities pass; volunteer, defined.
For purposes of section 85-1542, volunteer shall mean a person who is not an elected or appointed official or employee of a community college area who, at the request or with the permission of the board of governors of the community college area, engages in activities related to the purposes and functions of the community college area or for its general benefit.
Source
Laws 1994, LB 1310, § 14.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1542 - Activities pass; authorized; when.

85-1542.
Activities pass; authorized; when.
The board of governors of any community college area may authorize the issuance of a pass to any elected or appointed official, employee, retired employee, or volunteer of the community college area, member of a senior citizens group, or city official authorizing the admittance of the recipient of the pass and his or her spouse to recognized college activities without the need for the payment of any fee or charge. Such pass may be issued at no cost to the recipient or at such cost as may be designated by the board of governors.
Source
Laws 1994, LB 1310, § 13.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1601 - Act, how cited.

85-1601.
Act, how cited.
Sections 85-1601 to 85-1658 shall be known and may be cited as the Private Postsecondary Career School Act.
Source
Laws 1977, LB 486, § 1;
Laws 1990, LB 488, § 1;
Laws 1993, LB 348, § 51;
R.S.1943, (1994), § 79-2801;
Laws 1995, LB 4, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1602 - Act, purpose.

85-1602.
Act, purpose.
It is the purpose of the Private Postsecondary Career School Act to provide for the protection, education, and welfare of the citizens of the State of Nebraska, its private postsecondary career schools, and its students by:
(1) Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility in order to protect against substandard, transient, unethical, deceptive, or fraudulent schools and practices;
(2) Prohibiting the granting of false educational credentials;
(3) Prohibiting misleading literature, advertising, solicitation, or representation by schools or their agents;
(4) Providing for the preservation of essential records; and
(5) Providing certain rights and remedies to the consuming public and the board necessary to effectuate the purposes of the act.
Source
Laws 1977, LB 486, § 2;
Laws 1990, LB 488, § 2;
R.S.1943, (1994), § 79-2802;
Laws 1995, LB 4, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1604 - Education and schools; exempt from act.

85-1604.
Education and schools; exempt from act.
The following education and schools are exempted from the Private Postsecondary Career School Act:
(1) Schools exclusively offering instruction at any or all levels from preschool through the twelfth grade;
(2) Education sponsored by a bona fide trade, business, professional, or fraternal organization which is offered solely for that organization's membership or offered without charge;
(3) Education provided by or funded by an employer and offered solely to its employees for the purpose of improving such persons in such employment;
(4) Education solely avocational or recreational in nature as determined by the department;
(5) Educational programs offered by a charitable institution, organization, or agency as long as such education or training is not advertised or promoted as leading toward occupational objectives;
(6) Public postsecondary schools established, operated, and governed by this state or its political subdivisions or similar entities in other states as determined by the department;
(7) Schools or organizations offering education or instruction that is not part of a degree program leading to an associate, a baccalaureate, a graduate, or a professional degree which are licensed and regulated by agencies of this state other than the department, except that such schools or organizations shall not be exempt from the act with respect to agents' permits and the Tuition Recovery Cash Fund;
(8) Schools or organizations which offer education or instruction and which are licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff;
(9) Any postsecondary institution offering or proposing to offer courses or programs leading to a baccalaureate, graduate, or professional degree, but whose offerings may include associate degree programs, diplomas, and other certificates based on the award of college credit, including any such institutions that were regulated prior to May 5, 2011, as private postsecondary career schools pursuant to the Private Postsecondary Career School Act;
(10) Entities exclusively offering short-term training; and
(11) Distance education programs offered by out-of-state schools authorized in accordance with an interstate reciprocity agreement for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of section 85-2405.
Source
Laws 1977, LB 486, § 4;
Laws 1980, LB 774, § 1;
Laws 1982, LB 370, § 2;
Laws 1990, LB 488, § 4;
Laws 1993, LB 348, § 57;
R.S.1943, (1994), § 79-2804;
Laws 1995, LB 4, § 4;
Laws 2003, LB 685, § 31;
Laws 2011, LB637, § 30;
Laws 2013, LB410, § 19;
Laws 2014, LB967, § 26.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1605 - Department; administer act; personnel.

85-1605.
Department; administer act; personnel.
The department shall administer the Private Postsecondary Career School Act and for the purposes thereof shall employ such personnel as may be necessary. To effectuate the purposes of the act, the department may request from any department, division, board, bureau, commission, or other agency of the state, and the same shall provide, such information as will enable the department to exercise properly its powers and perform its duties under the act.
Source
Laws 1977, LB 486, § 5;
Laws 1990, LB 488, § 5;
R.S.1943, (1994), § 79-2805;
Laws 1995, LB 4, § 5.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1606 - Board; powers and duties; rules and regulations.

85-1606.
Board; powers and duties; rules and regulations.
The board has the following powers and duties in the administration of the Private Postsecondary Career School Act:
(1) To establish minimum standards in conformity with section 85-1608, including quality of education, ethical and business practices, health and safety, and fiscal responsibility. Applicants for authorization to operate or for an agent's permit shall meet minimum standards before such authorization or permit may be issued or to continue such authorization or permit in effect. The standards to be developed under this subdivision shall be such as will effectuate the purposes of the act but will not unreasonably hinder legitimate educational innovation;
(2) To receive, investigate as it may deem necessary, and act upon applications for authorization to operate a private postsecondary career school and applications for an agent's permit;
(3) To maintain a list of private postsecondary career schools authorized to operate in this state and agents' permits which shall be available for the information of the public;
(4) To receive and cause to be maintained as a permanent file copies of records in conformity with section 85-1644;
(5) To establish fees for applications for authorization to operate, for agent's permits, and for accreditation. The fees shall be not more than the amount necessary to cover the cost of administration of the act; and
(6) To adopt and promulgate rules, regulations, and procedures necessary and appropriate for the conduct of its work and the implementation of the act.
Source
Laws 1977, LB 486, § 6;
Laws 1990, LB 488, § 6;
R.S.1943, (1994), § 79-2806;
Laws 1995, LB 4, § 6;
Laws 1999, LB 489, § 1.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1607 - Advisory council; members; appointment; term; duties.

85-1607.
Advisory council; members; appointment; term; duties.
The board shall appoint an advisory council of six representatives of private postsecondary career schools. Members of the council shall include representatives from a business school, a trade or technical school, a better business bureau, and three other distinct areas of education. Members of the council shall serve staggered terms of three years each as established by the board at the time of initial appointment. If a vacancy occurs on the council, the board shall appoint a successor in the same category as the predecessor. The advisory council shall have the following responsibilities:
(1) To advise the department in its administration of the Private Postsecondary Career School Act; and
(2) To review the rules and regulations adopted or proposed for adoption by the department and make recommendations with respect thereto.
Source
Laws 1977, LB 486, § 7;
Laws 1990, LB 488, § 7;
R.S.1943, (1994), § 79-2807;
Laws 1995, LB 4, § 7.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1608 - Private postsecondary career school; minimum standards.

85-1608.
Private postsecondary career school; minimum standards.
The board shall adopt and promulgate rules and regulations to establish minimum standards according to which a private postsecondary career school shall be maintained and operated in the state. A new school shall demonstrate that it can be maintained and operated in accordance with such standards. The standards shall include, but not be limited to, provisions on educational quality, facilities, equipment, qualification of administrators and instructors, publication of catalogs, credentials awarded, records, building and sanitation standards, financial stability, advertising, refund of unearned tuition and fees, and any other aspects deemed necessary by the board.
Source
Laws 1977, LB 486, § 8;
Laws 1990, LB 488, § 8;
R.S.1943, (1994), § 79-2808;
Laws 1995, LB 4, § 8.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1609 - Accreditation; effect.

85-1609.
Accreditation; effect.
Accreditation by accrediting agencies recognized by the United States Department of Education such as the Association of Independent Colleges and Schools, the Accrediting Council for Continuing Education and Training, the National Accrediting Association of Cosmetology Arts and Sciences, or the National Association of Trade and Technical Schools may be accepted by the department as evidence of compliance with the minimum standards established pursuant to sections 85-1606 and 85-1608. Accreditation by a recognized, specialized accrediting agency such as the Council on Medical Education of the American Medical Association, the Commission on Accreditation of the American Dental Association, or the American Veterinary Medical Association may be accepted as evidence of such compliance only as to the portion or program of a school accredited by such agency if the school as a whole is not accredited.
Source
Laws 1977, LB 486, § 10;
Laws 1990, LB 488, § 9;
R.S.1943, (1994), § 79-2810;
Laws 1995, LB 4, § 9;
Laws 2021, LB528, § 54.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1610 - Prohibited acts; enumerated.

85-1610.
Prohibited acts; enumerated.
No entity of whatever kind, alone or in concert with others, shall:
(1) Operate in this state a private postsecondary career school not exempted from the Private Postsecondary Career School Act unless the school has a currently valid authorization to operate issued pursuant to section 85-1612;
(2) Offer, as or through an agent, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to section 85-1623, enrollment or instruction in or the granting of educational credentials from a private postsecondary career school not exempted from the act, whether such institution is within or outside this state, nor accept contracts or enrollment applications from any person who does not have a current agent's permit, but the board may adopt and promulgate rules and regulations to permit the rendering of legitimate public information services without such permit;
(3) Instruct or educate, offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, or contract or offer to contract with any school or party to perform any such act in this state, whether such entity is located within or without this state, unless such entity observes and is in compliance with the minimum standards established pursuant to sections 85-1606 and 85-1608 and the rules and regulations adopted and promulgated by the department;
(4) Grant or offer to grant educational credentials without authorization to do so from the department; or
(5) Have a cohort default rate which triggers state liability pursuant to section 428(n) of the federal Higher Education Act of 1965, as amended, under section 85-9,139.02.
Source
Laws 1977, LB 486, § 11;
Laws 1990, LB 488, § 10;
R.S.1943, (1994), § 79-2811;
Laws 1995, LB 4, § 10;
Laws 1996, LB 29, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1611 - Private postsecondary career school; authority to operate; application; requirements.

85-1611.
Private postsecondary career school; authority to operate; application; requirements.
Each private postsecondary career school desiring authorization to operate in this state shall make application to the department upon forms to be provided by the department. The application shall be accompanied by descriptive literature published or proposed to be published by the school containing the information specified in the department's rules and regulations. The application shall include the identification of any branch facility or separate classroom. A facility which does not meet the criteria provided in subdivision (5) of section 85-1603 is not a branch facility and shall be considered a separate private postsecondary career school requiring separate authorization. A separate classroom shall not require separate authorization. The application shall also be accompanied by the application fee provided in section 85-1643. Until the Tuition Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-1656, the application shall be accompanied by a surety bond as provided in section 85-1639.
Source
Laws 1977, LB 486, § 12;
Laws 1982, LB 370, § 3;
Laws 1990, LB 488, § 11;
Laws 1993, LB 348, § 58;
R.S.1943, (1994), § 79-2812;
Laws 1995, LB 4, § 11.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1612 - Commissioner; grant or deny authorization to operate.

85-1612.
Commissioner; grant or deny authorization to operate.
Following review of an application for authorization to operate and any further information submitted by the applicant or required by the department and following such investigation of the applicant as the department may deem necessary or appropriate, the commissioner shall either grant or deny authorization to operate. A grant of authorization to operate may be on such terms and conditions as the commissioner may specify.
Source
Laws 1977, LB 486, § 13;
Laws 1990, LB 488, § 12;
R.S.1943, (1994), § 79-2813;
Laws 1995, LB 4, § 12.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1613 - Authorization to operate; form; contents.

85-1613.
Authorization to operate; form; contents.
The authorization to operate shall be in a form approved by the department and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of the authorization;
(2) The full, correct name and address of the school so authorized;
(3) The authority for authorization and conditions thereof; and
(4) Any limitation of authorization as deemed necessary by the commissioner.
The term for which authorization is given shall not extend for more than one fiscal year. For purposes of this section, fiscal year means the fiscal year established by the applicant school.
Source
Laws 1977, LB 486, § 14;
Laws 1990, LB 488, § 13;
R.S.1943, (1994), § 79-2814;
Laws 1995, LB 4, § 13;
Laws 1999, LB 489, § 2.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1614 - Authorization to operate; nontransferable; change in ownership; new authorization.

85-1614.
Authorization to operate; nontransferable; change in ownership; new authorization.
The authorization to operate shall be issued to the owner or governing body of the applicant school and shall be nontransferable. In the event of a change in ownership of the school, the new owner or governing body shall, within ten days after the change of ownership, apply for a new authorization to operate, and in the event of failure to do so the authorization to operate shall terminate. An application for a new authorization to operate by reason of change in the ownership of the school shall be deemed an application for renewal of the school's authorization to operate.
Source
Laws 1977, LB 486, § 15;
Laws 1990, LB 488, § 14;
R.S.1943, (1994), § 79-2815;
Laws 1995, LB 4, § 14.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1615 - Authorization to operate; renewal; procedure; accreditation required; when.

85-1615.
Authorization to operate; renewal; procedure; accreditation required; when.
Annual renewal of an authorization shall be required on a schedule established by the department. At least thirty days prior to the expiration of an authorization to operate and upon notification by the department, the school shall complete and file with the department an application form for renewal of its authorization to operate. Financial stability information shall accompany the application. The renewal application shall be reviewed and acted upon as provided for an initial application. No authorization issued to any private postsecondary career school shall be renewed unless such school has been accredited by the department within five years of the date of its initial authorization to operate.
Source
Laws 1977, LB 486, § 16;
Laws 1990, LB 488, § 15;
R.S.1943, (1994), § 79-2816;
Laws 1995, LB 4, § 15;
Laws 1999, LB 489, § 3.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1616 - Inaugural authorization to operate; provisional authorization to operate; when applicable.

85-1616.
Inaugural authorization to operate; provisional authorization to operate; when applicable.
A school not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization. The authorization shall be an inaugural authorization valid for one year and upon showing to the satisfaction of the commissioner that it has fully complied with sections 85-1611 to 85-1615, the school will be eligible for a regular authorization. The commissioner may issue provisional authorization to operate containing such limitations as to time, procedures, functions, or other conditions as the commissioner may deem necessary.
Source
Laws 1977, LB 486, § 17;
Laws 1990, LB 488, § 16;
R.S.1943, (1994), § 79-2817;
Laws 1995, LB 4, § 16.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1617 - Private postsecondary career school; accreditation; application.

85-1617.
Private postsecondary career school; accreditation; application.
Any private postsecondary career school offering instruction in the State of Nebraska shall, within five years of its initial authorization to operate, apply to the department for the accreditation of such school. No private postsecondary career school shall be accredited unless it submits to the department a written application for accreditation in accordance with the rules and regulations adopted and promulgated by the department pursuant to the Private Postsecondary Career School Act. Such application shall be accompanied by the fee provided in section 85-1643.
Source
Laws 1977, LB 486, § 18;
Laws 1990, LB 488, § 17;
R.S.1943, (1994), § 79-2818;
Laws 1995, LB 4, § 17;
Laws 1999, LB 489, § 4.
2023 Nebraska Revised Statutes › Chapter 85 - State University, State Colleges, and Postsecondary Education › 85-1618 - Department; accredit private postsecondary career school; when.

85-1618.
Department; accredit private postsecondary career school; when.
The department may accredit a private postsecondary career school when the school has met the minimum standards specified in the rules and regulations of the department.
Source
Laws 1977, LB 486, § 19;
Laws 1990, LB 488, § 18;
R.S.1943, (1994), § 79-2819;
Laws 1995, LB 4, § 18.