reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2102 - Establishment of new learning community; Commissioner of Education; certification.

79-2102 .
Establishment of new learning community; Commissioner of Education; certification.
On or before September 15, 2007, and on or before August 1 of each odd-numbered year following the official designation of any new city of the metropolitan class or any valid request to form a new learning community, the Commissioner of Education shall certify the establishment of a new learning community with the effective date of the first Thursday after the first Tuesday in January of the next odd-numbered year following such certification to the county clerks, election commissioners, and county assessors of the counties with territory in the new learning community, to the Property Tax Administrator, to the State Department of Education, and to the school boards of the member school districts of the new learning community. A learning community shall be established for each city of the metropolitan class and shall include all school districts for which the principal office of the school district is located in the county where the city of the metropolitan class is located and all school districts for which the principal office of the school district is located in a county that has a contiguous border of at least five miles in the aggregate with such city of the metropolitan class. A learning community may also be established at the request of at least three school boards if (1) all school districts for which the principal office of the school district is located in one or more specified counties are participating in the request and either (a) such school districts are all sparse or very sparse as determined pursuant to the Tax Equity and Educational Opportunities Support Act or (b) have a minimum combined total of at least two thousand students or (2) the school districts participating in the request have a minimum combined total of at least ten thousand students. Such requests shall be received by the Commissioner of Education on or before May 1 of each odd-numbered year.
Source
Laws 2006, LB 1024, § 104;
Laws 2007, LB641, § 36;
Laws 2008, LB988, § 54;
Laws 2008, LB1154, § 16.
Cross References
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2102.01 - Learning community coordinating council; meeting; officers; Secretary of State; duties.

79-2102.01.
Learning community coordinating council; meeting; officers; Secretary of State; duties.
The Secretary of State or his or her designee shall schedule and host the first meeting of the newly elected learning community coordinating council during the month of January following the election and shall schedule and shall host at least one meeting each month for the immediately following February and March. The Secretary of State shall preside until the council elects officers designated by the bylaws. Those officers shall preside at the following meetings of such council. The Secretary of State shall serve as a facilitator at such meetings of the council through March 31 of such year as the council begins taking steps necessary to operate as a learning community.
Source
Laws 2007, LB641, § 38;
Laws 2008, LB1154, § 17.
Cross References
Election districts, see sections 32-553 and 32-555.01.
Members, election, see section 32-546.01.
Vacancies, how filled, see section 32-567.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2103 - State Department of Education; learning community funds; distribution.

79-2103.
State Department of Education; learning community funds; distribution.
The State Department of Education shall provide learning community funds to learning communities pursuant to this section. Learning community funds shall be distributed to each qualified learning community on or before January 30 of the school fiscal year during which the learning community is established and on or before September 15 of each school fiscal year thereafter in an amount equal to the product of the ratio of the amount appropriated for learning community funds divided by the sum of the number of formula students in all learning communities that will be established during such fiscal year plus two times the number of formula students in all other learning communities for the calculation of state aid for member school districts for such school fiscal year multiplied by the number of such formula students in the learning community for learning communities that will be established in such school fiscal year or two times the number of such formula students for all other learning communities. It is the intent of the Legislature to appropriate for each fiscal year up to an amount equal to five hundred thousand dollars for each learning community to be established in such fiscal year plus one million dollars for each learning community that will be in the first full fiscal year for such learning community in such fiscal year plus the amount appropriated in the prior year for all other learning communities increased by the basic allowable growth rate described in section 79-1025.
Source
Laws 2006, LB 1024, § 105;
Laws 2007, LB641, § 39.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2104.01 - Learning community coordinating council; advisory committee; members; duties.

79-2104.01.
Learning community coordinating council; advisory committee; members; duties.
Each learning community coordinating council shall have an advisory committee composed of the superintendent from each member school district or his or her representative. The advisory committee shall:
(1) Collaborate with the learning community coordinating council on the development, implementation, and evaluation of the community achievement plan;
(2) Review proposals for focus programs, focus schools, magnet schools, and pathways;
(3) Provide recommendations for improving the learning community's diversity plan;
(4) Review results and provide recommendations to the learning community coordinating council regarding the implementation and administration of early childhood education programs for children in poverty; and
(5) Provide input to the learning community coordinating council on other issues as requested.
Source
Laws 2008, LB1154, § 19;
Laws 2013, LB585, § 4;
Laws 2016, LB1067, § 62.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2104.02 - Learning community coordinating council; use of funds; report.

79-2104.02.
Learning community coordinating council; use of funds; report.
Each learning community coordinating council shall use any funds received pursuant to section 79-1241.03 for evaluation of programs related to the community achievement plan developed with the assistance of the student achievement coordinator or other department staff designated by the Commissioner of Education and evaluation and research regarding the progress of the learning community pursuant to plans developed by the learning community coordinating council with assistance from the Educational Service Unit Coordinating Council and adjusted on an ongoing basis. The evaluation regarding the progress of the learning community shall be conducted by one or more other entities or individuals who are not employees of the learning community and shall measure progress toward the goals and objectives of the learning community, which goals and objectives shall include reduction of excessive absenteeism of students in the member school districts of the learning community and closing academic achievement gaps based on socioeconomic status, and the effectiveness of the approaches used by the learning community or pilot project to reach such goals and objectives. Any research conducted pursuant to this section shall also be related to such goals and objectives or programs related to the community achievement plan. Each learning community shall report evaluation and research results electronically to the Education Committee of the Legislature on or before February 1 of each year.
Source
Laws 2010, LB1070, § 17;
Laws 2011, LB333, § 16;
Laws 2011, LB463, § 21;
Laws 2012, LB782, § 162;
Laws 2013, LB410, § 15;
Laws 2016, LB1067, § 64;
Laws 2018, LB1081, § 18;
Laws 2021, LB528, § 46.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2104.03 - Advisory committee; submit plan for early childhood education programs for children in poverty; powers and duties.

79-2104.03.
Advisory committee; submit plan for early childhood education programs for children in poverty; powers and duties.
The advisory committee described in section 79-2104.01 shall submit a plan as provided in subdivision (4) of section 79-2104.01 to the learning community coordinating council for any early childhood education programs for children in poverty and the services to be provided by such programs. In developing the plan, the advisory committee shall seek input from member school districts and community resources and collaborate with such resources in order to maximize the available opportunities and resources for such programs. The advisory committee may, as part of such plan, recommend services to be provided through contract with, or grants to, school districts to provide or contract for some or all of the services. The advisory committee shall take special efforts to establish early childhood education programs for children in poverty so that such programs are readily available and accessible to children and families located in areas with a high concentration of poverty.
Source
Laws 2013, LB585, § 5;
Laws 2016, LB1067, § 65.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2104.04 - Learning community coordinating council; members; duties.

79-2104.04.
Learning community coordinating council; members; duties.
Each learning community coordinating council shall be required to select at least two members to meet with the advisory committee and learning community administrators at least twice annually to discuss the community achievement plan, results of evaluations conducted with learning community or school district funds, best practices for improving achievement, particularly for students with achievement obstacles, learning community programs, and other matters related to improving education for students within the learning community and throughout the state.
Source
Laws 2016, LB1067, § 63.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2110.01 - Open enrollment students; how treated; disability; transportation services.

79-2110.01.
Open enrollment students; how treated; disability; transportation services.
(1) For purposes of all duties, entitlements, and rights established by law, including special education as provided in section 79-1127, open enrollment students shall be treated as resident students of the open enrollment school district. In determining eligibility for extracurricular activities as defined in section 79-2,126, the open enrollment student shall be treated similarly to other students who transfer into the school from another public, private, denominational, or parochial school.
(2) For open enrollment students verified as having a disability as defined in section 79-1118.01, the transportation services set forth in section 79-1129 shall be provided by the open enrollment school district. The State Department of Education shall reimburse each learning community school district for special education programs provided to open enrollment students in accordance with section 79-1142. The resident school district of an open enrollment student shall be exempted from the payment responsibility set forth in section 79-1140. For purposes of the calculation to determine reimbursement pursuant to section 79-1142, the open enrollment school district shall include the adjusted average per pupil cost as defined in section 79-1114 of the open enrollment school district.
(3) For purposes of the Tax Equity and Educational Opportunities Support Act, open enrollment students shall not be counted as formula students by the resident school district and shall be counted by the open enrollment school district.
Source
Laws 2010, LB1071, § 33.
Cross References
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2111 - Elementary learning center facilities; focus school or program capital projects; tax levy; repayment of funds; interest; waiver.

79-2111.
Elementary learning center facilities; focus school or program capital projects; tax levy; repayment of funds; interest; waiver.
(1) A learning community may levy a maximum levy pursuant to subdivision (2)(f) of section 77-3442 for elementary learning center facility leases, for remodeling of leased elementary learning center facilities, and for up to fifty percent of the estimated costs for focus school or program capital projects approved pursuant to this section. The proceeds from such levy shall be used for elementary learning center facility leases, for remodeling of leased elementary learning center facilities, and to reduce the bonded indebtedness required for approved projects by up to fifty percent of the estimated cost of the approved project. The funds used for reductions of bonded indebtedness shall be transferred to the school district for which the project was approved and shall be deposited in such school district's special building fund for use on such project.
(2) The learning community may approve pursuant to this section funding for capital projects which will include the purchase, construction, or remodeling of facilities for a focus school or program designed to meet the requirements of section 79-769. Such approval shall include an estimated cost for the project and shall state the amount that will be provided by the learning community for such project.
(3) If, within the ten years following receipt of the funding for a capital project pursuant to this section, a school district receiving such funding uses the facility purchased, constructed, or remodeled with such funding for purposes other than those stated to qualify for the funds, the school district shall repay such funds to the learning community with interest at the rate prescribed in section 45-104.02 accruing from the date the funds were transferred to the school district's building fund as of the last date the facility was used for such purpose as determined by the learning community coordinating council or the date that the learning community coordinating council determines that the facility will not be used for such purpose or that such facility will not be purchased, constructed, or remodeled for such purpose. Interest shall continue to accrue on outstanding balances until the repayment has been completed. The remaining terms of repayment shall be determined by the learning community coordinating council. The learning community coordinating council may waive such repayment if the facility is used for a different focus school or program for a period of time that will result in the use of the facility for qualifying purposes for a total of at least ten years.
Source
Laws 2007, LB641, § 43;
Laws 2008, LB1154, § 22;
Laws 2010, LB1070, § 15;
Laws 2016, LB1067, § 67.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2112 - Elementary learning center; elementary learning center executive director; qualifications; assistants and employees.

79-2112.
Elementary learning center; elementary learning center executive director; qualifications; assistants and employees.
(1) Elementary learning centers shall serve as visionary resource centers for enhancing the academic success of elementary students, particularly those students who face challenges in the educational environment due to factors such as poverty, limited English skills, and mobility. Each learning community coordinating council shall provide for a system of elementary learning centers to be administered by an elementary learning center executive director.
(2) The elementary learning center executive director shall be appointed by the learning community coordinating council. The executive director shall be a person well equipped to work with populations in poverty and to analyze effective methods for assisting and encouraging such populations to access the programs offered by elementary learning centers. The elementary learning center executive director shall receive such salary as is set by the learning community coordinating council.
(3) The elementary learning center executive director may select, appoint, and compensate as he or she sees fit, within the amount provided by the learning community coordinating council, such noncertificated assistants and noncertificated employees as he or she deems necessary to discharge the responsibilities under sections 79-2112 to 79-2114. Such assistants and employees shall be subject to the control and supervision of the elementary learning center executive director.
Source
Laws 2007, LB641, § 44;
Laws 2010, LB1070, § 16.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2113 - Elementary learning center; establishment; achievement subcouncil; plan; powers and duties; location of facilities.

79-2113.
Elementary learning center; establishment; achievement subcouncil; plan; powers and duties; location of facilities.
(1) On or before the second June 1 immediately following the establishment of a new learning community, the learning community coordinating council shall establish at least one elementary learning center for each twenty-five elementary schools in which either at least thirty-five percent of the students attending the school who reside in the attendance area of such school qualify for free or reduced-price lunches or free meals are provided to all students pursuant to the community eligibility provision. The council shall determine how many of the initial elementary learning centers shall be located in each subcouncil district on or before September 1 immediately following the establishment of a new learning community.
(2) Each achievement subcouncil shall submit a plan to the learning community coordinating council for any elementary learning center in its subcouncil district and the services to be provided by such elementary learning center. In developing the plan, the achievement subcouncil shall seek input from community resources and collaborate with such resources in order to maximize the available opportunities and the participation of elementary students and their families. An achievement subcouncil may, as part of such plan, recommend services be provided through contracts with, or grants to, entities other than school districts to provide some or all of the services. Such entities may include collaborative groups which may include the participation of a school district. An achievement subcouncil may also, as part of such plan, recommend that the elementary learning center serve as a clearinghouse for recommending programs provided by school districts or other entities and that the elementary learning center assist students in accessing such programs. The plans for the initial elementary learning centers shall be submitted by the achievement subcouncils to the coordinating council on or before January 1 immediately following the establishment of a new learning community.
(3) Each elementary learning center shall have at least one facility that is located in an area with a high concentration of poverty. Such facility may be owned or leased by the learning community, or the use of the facility may be donated to the learning community. Programs offered by the elementary learning center may be offered in such facility or in other facilities, including school buildings.
Source
Laws 2007, LB641, § 45;
Laws 2008, LB1154, § 23;
Laws 2009, LB392, § 17;
Laws 2015, LB525, § 28.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2114 - Elementary learning center; services and programs; report required.

79-2114.
Elementary learning center; services and programs; report required.
(1) Programs offered by an elementary learning center may be accessed by any elementary-age child who resides in the learning community or any family with an elementary-age child who resides in the learning community. Services to be provided by the elementary learning center shall comply with all applicable state regulations for such services, including, but not limited to, regulations requiring certification of teachers, safety provisions, and compliance with state standards. Such programs shall be designed to enhance the academic success of elementary students and may include, but are not limited to:
(a) Summer school, extended-school-day programs, and extended-school-year programs which may be coordinated with programs offered in the schools;
(b) Literacy centers for providing intensive assistance to elementary-age children and their parents to work on reading skills outside of the school day;
(c) Computer labs;
(d) Tutors for elementary students;
(e) Mentors for elementary students;
(f) Services for transient students;
(g) Attendance advocates to assist in resolving issues that contribute to truancy;
(h) Transportation for truant students;
(i) English classes for parents and other family members;
(j) Health services;
(k) Mental health services;
(l) Child care for children of parents working on their own literacy skills or working with their children on academic skills at the center;
(m) Nutritional services for families working on skills at the center;
(n) Transportation for participating families;
(o) Distribution of clothing and school supplies;
(p) Information on other resources to assist participating families; and
(q) Interpreter services for educational needs.
(2) Each elementary learning center shall report the participation of elementary students in academic programs offered by or in collaboration with the center to the elementary schools attended by such students.
Source
Laws 2007, LB641, § 46.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2115 - Learning community funds; use; learning community coordinating council; powers and duties; pilot project; audits.

79-2115.
Learning community funds; use; learning community coordinating council; powers and duties; pilot project; audits.
(1) Learning community funds distributed pursuant to section 79-2103 may be used by the learning community coordinating council receiving the funds for:
(a) The administration and operation of the learning community;
(b) The administration, operations, and programs of elementary learning centers pursuant to sections 79-2112 to 79-2114;
(c) Supplements for extended hours to teachers in elementary schools in which at least thirty-five percent of the students attending the school who reside in the attendance area of such school qualify for free or reduced-price lunches and elementary schools that provide free meals to all students pursuant to the community eligibility provision;
(d) Transportation to elementary school functions for parents of elementary students who qualify for free or reduced-price lunches or who attend an elementary school that provides free meals to all students pursuant to the community eligibility provision;
(e) Up to six social workers to provide services through the elementary learning centers; and
(f) Pilot projects authorized pursuant to section 79-2104.
(2) Each learning community coordinating council shall adopt policies and procedures for granting supplements for extended hours and for providing transportation for parents if any such funds are to be used for such purposes. An example of a pilot project that could receive such funds would be a school designated as Jump Start Center focused on providing intensive literacy services for elementary students with low reading scores.
(3) Each learning community coordinating council shall provide for financial audits of elementary learning centers and pilot projects. A learning community coordinating council shall serve as the recipient of private funds donated to support any elementary learning center or pilot project receiving funds from such learning community coordinating council and shall assure that the use of such private funds is included in the financial audits required pursuant to this section.
Source
Laws 2007, LB641, § 47;
Laws 2008, LB1154, § 24;
Laws 2010, LB1070, § 18;
Laws 2015, LB525, § 29.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2116 - Elementary learning center; employees; terms and conditions of employment.

79-2116.
Elementary learning center; employees; terms and conditions of employment.
Terms and conditions of employment of school employees providing services for an elementary learning center shall be established by the negotiated agreement of the learning community employing such school employees to provide services. For certificated employees as defined in section 79-824, the learning community shall be deemed to be a public employer as defined in section 48-801. Compensation paid to school employees for services provided to a learning community shall be subject to the School Employees Retirement Act unless such employee is employed by a Class V school district, in which case compensation paid such school employee shall be subject to the Class V School Employees Retirement Act.
Source
Laws 2007, LB641, § 48;
Laws 2011, LB397, § 18.
Cross References
Class V School Employees Retirement Act, see section 79-978.01.
School Employees Retirement Act, see section 79-901.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2117 - Learning community coordinating council; achievement subcouncil; membership; meeting; hearing; duties.

79-2117.
Learning community coordinating council; achievement subcouncil; membership; meeting; hearing; duties.
Each learning community coordinating council shall have an achievement subcouncil for each subcouncil district. Through January 4, 2017, each achievement subcouncil shall consist of the three voting coordinating council members representing the subcouncil district plus any nonvoting coordinating council members choosing to participate who represent a school district that has territory within the subcouncil district. The voting coordinating council members shall also be the voting members on the achievement subcouncil. On and after January 5, 2017, each achievement subcouncil shall consist of the two learning community coordinating council members representing the subcouncil district. Each achievement subcouncil shall meet as necessary but shall meet and conduct a public hearing within its subcouncil district at least once each school year. Each achievement subcouncil shall:
(1) Develop a diversity plan recommendation for the territory in its subcouncil district that will provide educational opportunities which will result in increased diversity in schools in the subcouncil district;
(2) Administer elementary learning centers in cooperation with the elementary learning center executive director;
(3) Receive community input and complaints regarding the learning community and academic achievement in the subcouncil district; and
(4) Hold public hearings at its discretion in its subcouncil district in response to issues raised by residents of the subcouncil district regarding the learning community, a member school district, and academic achievement in the subcouncil district.
Source
Laws 2007, LB641, § 50;
Laws 2008, LB1154, § 25;
Laws 2009, LB392, § 18;
Laws 2016, LB1067, § 68;
Laws 2018, LB1081, § 19.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2118 - Diversity plan; contents; approval; report.

79-2118.
Diversity plan; contents; approval; report.
(1) Each learning community, together with its member school districts, shall develop a diversity plan to provide educational opportunities pursuant to sections 79-769 and 79-2110 in each subcouncil district designed to attract students from diverse backgrounds, which plan may be revised from time to time. The initial diversity plan shall be completed by December 31 of the year the initial learning community coordinating council for the learning community takes office. The goal of the diversity plan shall be to increase the socioeconomic diversity of enrollment at each grade level in each school building within the learning community.
(2) Each diversity plan for a learning community shall include specific provisions relating to each subcouncil district within such learning community. The specific provisions relating to each subcouncil district shall be approved by both the achievement subcouncil for such district and by the learning community coordinating council.
(3) The learning community coordinating council shall report electronically to the Education Committee of the Legislature on or before February 1 of each odd-numbered year on the diversity and changes in diversity at each grade level in each school building within the learning community and on the academic achievement for different demographic groups in each school building within the learning community.
Source
Laws 2007, LB641, § 51;
Laws 2008, LB1154, § 26;
Laws 2009, LB392, § 19;
Laws 2012, LB782, § 163;
Laws 2013, LB410, § 16;
Laws 2021, LB528, § 47.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2119 - Insurance coverage; authorized.

79-2119.
Insurance coverage; authorized.
A learning community coordinating council may permit members of such council to participate in the learning community's hospitalization, medical, surgical, accident, sickness, or term life insurance coverage or any one or more of such coverages. A learning community coordinating council member electing to participate in the insurance program of the learning community shall pay both the employee and the employer portions of the premium for such coverage.
A learning community coordinating council which opts to permit its members to participate in insurance coverage under this section shall report quarterly at a council meeting the council members who have elected such coverage. Such a report shall be made available in the learning community office for review by the public upon request.
Source
Laws 2008, LB850, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2120 - State Department of Education; certification of students qualifying for free or reduced-price lunches.

79-2120.
State Department of Education; certification of students qualifying for free or reduced-price lunches.
On or before March 1, 2009, and February 1 of each year thereafter, for purposes of determining socioeconomic diversity of enrollment as defined in section 79-2110, the State Department of Education shall certify to each learning community and each member school district the average percentage of students qualifying for free or reduced-price lunches in each school building in each member school district and in the aggregate for all school buildings in the learning community based on the most current information available to the department on the immediately preceding January 1. For purposes of this section, the average percentage of students qualifying for free or reduced-price lunches in school buildings that provide free meals to all students pursuant to the community eligibility provision shall equal the identified student percentage, multiplied by 1.6, calculated pursuant to the community eligibility provision. The State Board of Education may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2009, LB62, § 5;
Laws 2015, LB525, § 30;
Laws 2016, LB1066, § 22.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2121 - Plan to reduce excessive absenteeism; development and participation.

79-2121.
Plan to reduce excessive absenteeism; development and participation.
The superintendents of any school districts that are members of a learning community shall develop and participate in a plan by August 1, 2011, to reduce excessive absenteeism including a process to share information regarding at-risk youth with the goal of improving educational outcomes, providing effective interventions that impact risk factors, and reducing unnecessary penetration deeper into the juvenile justice system. For purposes of this section, at-risk youth means children who are under the supervision of the Office of Probation Administration, are committed to the care, custody, or supervision of the Department of Health and Human Services, are otherwise involved in the juvenile justice system, or have been absent from school for more than five days per quarter or the hourly equivalent except when excused by school authorities or when a documented illness makes attendance impossible or impracticable.
Source
Laws 2011, LB463, § 22.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2123 - Annual financial report; contents; audit; failure to file annual financial report; commissioner; duties.

79-2123.
Annual financial report; contents; audit; failure to file annual financial report; commissioner; duties.
(1) On or before January 31 of each year, each learning community coordinating council shall submit to the Commissioner of Education a report described as the annual financial report showing (a) the amount of money received from all sources during the year and the amount of money expended by the learning community during the year, (b) other information as necessary to fulfill the requirements of section 79-1241.03, and (c) such other information as the commissioner directs.
(2) The coordinating council of each learning community shall cause a complete and comprehensive annual audit to be made of the books, accounts, records, and affairs of the learning community. The audits shall be conducted annually, except that the Auditor of Public Accounts may determine an audit of less frequency to be appropriate, but not less than once in any three-year period. The coordinating council of each learning community may contract with the Auditor of Public Accounts or select a licensed public accountant or certified public accountant or firm of such accountants to conduct the audit and shall be responsible for the cost of the audit pursuant to the contract. Such audit shall be conducted in the same manner as audits of county officers. The original copy of the audit shall be filed in the office of the Auditor of Public Accounts.
(3) When any learning community coordinating council fails to submit its annual financial report by January 31, the commissioner shall, after notice to the learning community and an opportunity to be heard, direct that (a) any learning community funds granted pursuant to section 79-2103 and (b) core services and technology infrastructure funds granted pursuant to section 79-1241.03 be withheld until such time as the report is received by the State Department of Education. In addition, the commissioner shall direct the county treasurer of each county with territory in such learning community to withhold all levy receipts belonging to the learning community until such time as the commissioner notifies the county treasurer of receipt of such report. The county treasurer shall withhold such money.
(4) The State Department of Education may adopt and promulgate rules and regulations to carry out the purposes of this section.
Source
Laws 2018, LB1081, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2202 - Terms, defined.

79-2202.
Terms, defined.
For purposes of the Interstate Compact on Educational Opportunity for Military Children and sections 79-2202 to 79-2205:
(1) Council means the State Council on Educational Opportunity for Military Children;
(2) Department means the State Department of Education;
(3) Local education agency means a school district as defined in section 79-101; and
(4) State superintendent of education means the Commissioner of Education.
Source
Laws 2011, LB575, § 2;
Laws 2019, LB675, § 53.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2203 - Department; duties; staff support.

79-2203.
Department; duties; staff support.
The department shall oversee and provide coordination for the state's participation in and compliance with the Interstate Compact on Educational Opportunity for Military Children. The department shall provide staff support for the council created in section 79-2204.
Source
Laws 2011, LB575, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2204 - State Council on Educational Opportunity for Military Children; created; members; terms; expenses; duties; meetings.

79-2204.
State Council on Educational Opportunity for Military Children; created; members; terms; expenses; duties; meetings.
(1) The State Council on Educational Opportunity for Military Children is created within the department. The council shall consist of:
(a) The following ex officio members:
(i) The Commissioner of Education;
(ii) The chairperson of the Education Committee of the Legislature, who shall serve as a nonvoting member of the council;
(iii) The compact commissioner appointed pursuant to section 79-2205; and
(iv) The military family education liaison, who shall serve as a member of the council after his or her appointment pursuant to subsection (3) of this section; and
(b) The following members appointed by the State Board of Education:
(i) The superintendent of a school district that has a high concentration of children of military families; and
(ii) A representative of a military installation located in this state.
(2) The members of the council appointed by the State Board of Education shall serve three-year terms. Vacancies in the council shall be filled in the same manner as the initial appointments. The members of the council shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(3) The council shall have the following duties:
(a) To advise the department with regard to the state's participation in and compliance with the Interstate Compact on Educational Opportunity for Military Children; and
(b) To appoint a military family education liaison to assist families and the state in implementing the compact.
(4) When the council holds a single meeting in a calendar year, that meeting may be held by virtual conferencing as defined in section 84-1409.
Source
Laws 2011, LB575, § 4;
Laws 2015, LB525, § 31;
Laws 2020, LB381, § 97;
Laws 2021, LB83, § 9.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2205 - Compact commissioner; duties.

79-2205.
Compact commissioner; duties.
A deputy commissioner of education as designated by the Commissioner of Education shall serve as the compact commissioner and shall be responsible for administering the state's participation in the Interstate Compact on Educational Opportunity for Military Children.
Source
Laws 2011, LB575, § 5;
Laws 2015, LB525, § 32.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2301 - Act, how cited.

79-2301.
Act, how cited.
Sections 79-2301 to 79-2308 shall be known and may be cited as the Diploma of High School Equivalency Assistance Act.
Source
Laws 2013, LB366, § 1;
Laws 2015, LB382, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2303 - Terms, defined.

79-2303.
Terms, defined.
For purposes of the Diploma of High School Equivalency Assistance Act:
(1) Fiscal year means a time period commencing on July 1 and ending on June 30 of the following year;
(2) High school equivalency program means a program which is offered by an institution and provides participants with training and examinations for a diploma of high school equivalency; and
(3) Institution means a state agency, a school district as defined in section 79-101, or a community college area as defined in section 85-1503.
Source
Laws 2013, LB366, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2304 - Appropriations; legislative intent; use; assistance to institutions; payments.

79-2304.
Appropriations; legislative intent; use; assistance to institutions; payments.
(1) It is the intent of the Legislature to appropriate seven hundred fifty thousand dollars from the General Fund for fiscal years 2013-14 and 2014-15, and any amount determined by the Legislature for any fiscal year thereafter, to the State Department of Education. Such funds shall be used by the department to provide assistance to institutions that offer high school equivalency programs and for expanding services and programs to support the completion of the general educational development program. Each such institution shall offer to eligible individuals adult dropout recovery services, including recruitment and learning plan development, and provide proactive coaching and mentoring to such individuals, culminating in qualification for a high school diploma. For purposes of this section, eligible individuals include adults and out-of-school youths sixteen years of age or older who are not enrolled or required to be enrolled in secondary school under state law and who have not previously earned a high school diploma or diploma of high school equivalency. Assistance shall be provided based on participation in an institution's high school equivalency program as follows:
(a) Each such institution shall receive one assistance payment for each participant who enrolled in its high school equivalency program in the most recently completed fiscal year;
(b) Each such institution shall receive one assistance payment for each enrolled participant who took an initial examination for a diploma of high school equivalency in the most recently completed fiscal year; and
(c) Each such institution shall receive one assistance payment for each participant not enrolled in the institution's high school equivalency program who took the examination for a diploma of high school equivalency in the most recently completed fiscal year.
(2) An institution shall receive additional assistance for any enrolled participant who failed his or her initial examination for a diploma of high school equivalency and requires additional training and testing.
Source
Laws 2013, LB366, § 4;
Laws 2023, LB705, § 96.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2305 - Institutions receiving assistance; report; contents.

79-2305.
Institutions receiving assistance; report; contents.
Each institution receiving assistance pursuant to section 79-2304 shall report annually to the State Department of Education. The report shall give a description of the operation of the high school equivalency program for which assistance was provided and shall include information on the following for the most recently completed fiscal year:
(1) The number of diplomas of high school equivalency awarded pursuant to such high school equivalency program;
(2) The number of participants in the high school equivalency program who moved successfully through the continuum of literacy skill levels offered by the program;
(3) The number of participants completing the high school equivalency program who secured entry-level career path employment;
(4) The number of participants completing the high school equivalency program who went on to postsecondary education or additional career training; and
(5) The number of participants in the high school equivalency program who were Nebraska residents or enrolled in a postsecondary educational institution located in Nebraska.
Source
Laws 2013, LB366, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2307 - Rules and regulations.

79-2307.
Rules and regulations.
The State Department of Education may adopt and promulgate rules and regulations to carry out the Diploma of High School Equivalency Assistance Act. Such rules and regulations shall include, but not be limited to, provisions related to the collection of information necessary to provide the assistance provided for in section 79-2304.
Source
Laws 2013, LB366, § 7.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2308 - Grants; High School Equivalency Grant Fund; created; use; investment.

79-2308.
Grants; High School Equivalency Grant Fund; created; use; investment.
(1) The State Department of Education shall provide for grants to any entity offering a high school equivalency program. Grants pursuant to this section shall be awarded to applicants which meet the requirements of section 79-2304.
(2) The High School Equivalency Grant Fund is created. 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 2015, LB382, § 2;
Laws 2023, LB705, § 97.
Operative Date: June 2, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2402 - School board; board of educational service unit; contract or amendment; publication; contents; contract approval; publication.

79-2402.
School board; board of educational service unit; contract or amendment; publication; contents; contract approval; publication.
(1) Before the school board of any school district or the board of any educational service unit approves a proposed contract, or any proposed amendment to an existing contract, for future superintendent services to be rendered to such school district by the current superintendent or future administrator services to be rendered to such educational service unit by the current administrator, the board shall publish a copy of such proposed contract or amendment, and a reasonable estimate and description of all current and future costs to the school district or educational service unit if the proposed contract or amendment were to be approved, at least three days before the meeting of the board at which such proposed contract or amendment will be considered. Such publication shall also specify the date, time, and place of the public meeting at which the proposed contract or amendment will be considered. Electronic publication on the website of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows public access to the entire proposed contract or amendment.
(2) After the school board of any school district or the board of any educational service unit approves a contract for future superintendent services to be rendered to such school district by a new superintendent or future administrator services to be rendered to such educational service unit by a new administrator, the board shall publish a copy of such contract, and a reasonable estimate and description of all current and future costs to the school district or educational service unit that will be incurred as a result of such contract, within two days after the meeting of the board at which such contract was approved. Electronic publication on the website of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows public access to the entire contract.
Source
Laws 2014, LB470, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2403 - Contract or amendment; filing with State Department of Education; public posting.

79-2403.
Contract or amendment; filing with State Department of Education; public posting.
After approval of a contract, or any amendments thereto, for superintendent services or educational service unit administrator services, the approving board shall file a copy of such contract or amendment with the State Department of Education on or before the next succeeding August 1. The department shall have no duty to review such contracts or amendments but shall publicly post all such contracts or amendments received on the website of the department.
Source
Laws 2014, LB470, § 4.