reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1138 - Disabilities; assessment, identification, and verification of need for services; Commissioner of Education; duties.

79-1138.
Disabilities; assessment, identification, and verification of need for services; Commissioner of Education; duties.
(1) The State Board of Education shall adopt and promulgate rules and regulations establishing criteria for the assessment, identification, and verification of all disabilities defined in section 79-1118.01 to the extent that such disabilities are consistent with federal law and regulation.
(2) The Commissioner of Education shall develop guidelines to assist school districts, educational service units, and approved cooperatives with the assessment, identification, and verification of the need for related services defined in section 79-1121.
Source
Laws 1986, LB 942, § 2;
R.S.Supp.,1986, § 43-605.01;
Laws 1987, LB 367, § 17;
R.S.1943, (1994), § 79-3317;
Laws 1996, LB 900, § 820;
Laws 1997, LB 346, § 28;
Laws 1997, LB 865, § 7;
Laws 1999, LB 813, § 41;
Laws 2019, LB675, § 30.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1139 - Special education programs and services; children eligible.

79-1139.
Special education programs and services; children eligible.
Each school district shall include only students identified and verified pursuant to sections 79-1137 and 79-1138 in special education programs and shall not provide special education services pursuant to the Special Education Act to any child who has not been so identified and verified.
Source
Laws 1986, LB 942, § 3;
R.S.Supp.,1986, § 43-605.02;
Laws 1987, LB 367, § 18;
R.S.1943, (1994), § 79-3318;
Laws 1996, LB 900, § 821;
Laws 2019, LB675, § 31.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1140 - School district; amount paid to service agency; determination.

79-1140.
School district; amount paid to service agency; determination.
Except as provided in sections 79-232 to 79-246, each school district shall pay an amount equal to the average per pupil cost of the service agency of the preceding year or the cost as agreed upon pursuant to the contract to the agency providing the educational program for every child with a disability who is a resident of the district and is attending an educational program not operated by the school district, including programs operated by the State Department of Education, the Department of Health and Human Services, and any other service agency whose programs are approved by the State Department of Education.
Source
Laws 1973, LB 403, § 7;
Laws 1974, LB 863, § 6;
Laws 1977, LB 443, § 3;
Laws 1978, LB 871, § 12;
R.S.1943, (1984), § 43-647;
Laws 1987, LB 367, § 30;
Laws 1989, LB 183, § 22;
R.S.1943, (1994), § 79-3330;
Laws 1996, LB 900, § 822;
Laws 1996, LB 1044, § 822;
Laws 1997, LB 346, § 29;
Laws 1997, LB 347, § 36;
Laws 1999, LB 813, § 42;
Laws 2016, LB1067, § 56.
Cross References
Option enrollment program, exemption from payment responsibility for resident school district, see section 79-246.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1143 - Fiscal year for purposes of act.

79-1143.
Fiscal year for purposes of act.
The fiscal year for all programs reimbursed pursuant to the Special Education Act shall begin on September 1 of each year and end on August 31 of the following year. Funds appropriated for any period ending on June 30 of a given year for actual transportation expenses for children with disabilities pursuant to section 79-1129 may be spent or obligated through August 31 of that year for such purpose.
Source
Laws 1989, LB 487, § 15;
R.S.1943, (1994), § 79-3332.01;
Laws 1996, LB 900, § 825;
Laws 1997, LB 346, § 31.
Cross References
School fiscal year, see section 79-1091.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1144 - Children with disabilities; education; funds; department; expenditures authorized.

79-1144.
Children with disabilities; education; funds; department; expenditures authorized.
(1) Funds shall be appropriated by the Legislature to carry out sections 79-1142 to 79-1144 and 79-1147 and included in the budget of the department. The department is authorized to expend such funds upon proper vouchers approved by the department and warrants issued by the Director of Administrative Services for financial reimbursement to school districts, educational service units, special education cooperatives created by school districts, agencies, and parents or guardians, including (a) reimbursement pursuant to section 79-1129 for actual transportation expenses per year for children with disabilities a pro rata amount which shall be determined by the department from appropriations for special education approved by the Legislature based on all actual allowable transportation costs, (b) reimbursement for instructional aids and consultative, supervisory, research, and testing services to school districts, and (c) reimbursement for salaries, wages, maintenance, supplies, travel, and other expenses essential to carrying out the provisions for special education programs. Minor building modifications shall not be eligible for state reimbursement as an allowable expense. Applications for state reimbursement for actual transportation expenses shall be submitted to the department annually on a date and on forms prescribed by the department. Amendments to applications for actual transportation expenses shall be submitted on dates prescribed by the department.
(2) Any adjustment of payments pursuant to section 79-1065 caused by the failure of a school district to meet federal spending requirements under the federal Individuals with Disabilities Education Act as such act existed on January 1, 2019, may be used by the department to reimburse the United States Department of Education in the amount of the federal funds awarded to such school district or the amount of such adjustment, whichever is less.
Source
Laws 1949, c. 131, § 8, p. 345;
Laws 1963, c. 256, § 1, p. 777;
Laws 1967, c. 526, § 4, p. 1749;
Laws 1971, LB 178, § 1;
Laws 1971, LB 977, § 2;
Laws 1972, LB 690, § 5;
Laws 1973, LB 102, § 2;
Laws 1974, LB 92, § 2;
Laws 1986, LB 1093, § 1;
Laws 1986, LB 942, § 6;
Laws 1986, LB 1177, § 20;
R.S.Supp.,1986, § 43-611;
Laws 1987, LB 367, § 33;
Laws 1992, Third Spec. Sess., LB 15, § 1;
Laws 1993, LB 597, § 1;
Laws 1994, LB 858, § 12;
Laws 1995, LB 742, § 7;
R.S.Supp.,1995, § 79-3333;
Laws 1996, LB 900, § 826;
Laws 1997, LB 346, § 32;
Laws 1999, LB 813, § 44;
Laws 2017, LB512, § 20;
Laws 2019, LB675, § 33.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1145 - Appropriation of General Funds; limitation.

79-1145.
Appropriation of General Funds; limitation.
For each fiscal year, the aggregate amount of General Funds appropriated for special education programs and support services pursuant to sections 79-1129, 79-1132, and 79-1144 shall not exceed the aggregate amount of General Funds appropriated pursuant to such sections for the previous fiscal year, increased by ten percent.
Source
Laws 1995, LB 742, § 8;
R.S.Supp.,1995, § 79-3333.01;
Laws 1996, LB 900, § 827;
Laws 1999, LB 813, § 45;
Laws 2000, LB 1243, § 8;
Laws 2014, LB276, § 7;
Laws 2014, LB974, § 3;
Laws 2019, LB675, § 34.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1146 - Handicapped children; school district; educational service unit; contract for services.

79-1146.
Handicapped children; school district; educational service unit; contract for services.
The school district or educational service unit which received such funds as provided in section 79-1144 may contract with another school district, educational service unit, state school, or public agency.
Source
Laws 1971, LB 178, § 2;
R.S.1943, (1984), § 43-611.01;
Laws 1987, LB 367, § 35;
R.S.1943, (1994), § 79-3334;
Laws 1996, LB 900, § 828.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1147 - Temporary residential care; payment by state; when.

79-1147.
Temporary residential care; payment by state; when.
Whenever a child with a disability must temporarily reside in a residential facility, boarding home, or foster home in order to receive an appropriate special education program, the State of Nebraska shall provide for the ordinary and reasonable cost of the residential care during the duration of the special education program. The state shall not be required to pay such cost unless placement of the child in a special education program requiring residential care was made by the school district of residence with the prior approval of the department or was made pursuant to sections 79-1162 to 79-1167.
Source
Laws 1987, LB 367, § 34;
R.S.1943, (1994), § 79-3335;
Laws 1996, LB 900, § 829;
Laws 1997, LB 346, § 33;
Laws 2019, LB675, § 35.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1148 - Children with disabilities; regional networks, schools, or centers; authorized.

79-1148.
Children with disabilities; regional networks, schools, or centers; authorized.
The department is authorized to set up one or more statewide regional networks, approved schools, or centers for children with disabilities. Any such regional network, school, or center may offer residential facilities or services for such children, and such services shall be under the control and supervision of the department.
Source
Laws 1957, c. 388, § 1, p. 1347;
R.R.S.1943, § 83-246;
Laws 1961, c. 209, § 1, p. 624;
Laws 1972, LB 690, § 9;
Laws 1978, LB 871, § 28;
R.S.1943, (1984), § 43-617;
Laws 1987, LB 367, § 37;
R.S.1943, (1994), § 79-3337;
Laws 1996, LB 900, § 830;
Laws 1997, LB 346, § 34;
Laws 1999, LB 813, § 46;
Laws 2009, LB549, § 41;
Laws 2019, LB675, § 36.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1149 - Regional network, school, or center; admission; rules and regulations.

79-1149.
Regional network, school, or center; admission; rules and regulations.
The admission to any regional network, school, or center, as provided by section 79-1148, shall be by rules and regulations adopted and promulgated by the State Board of Education.
Source
Laws 1957, c. 388, § 2, p. 1347;
R.R.S.1943, § 83-247;
Laws 1961, c. 209, § 2, p. 624;
R.S.1943, (1984), § 43-618;
Laws 1987, LB 367, § 38;
R.S.1943, (1994), § 79-3338;
Laws 1996, LB 900, § 831;
Laws 2009, LB549, § 42;
Laws 2019, LB675, § 37.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1150 - Regional network, school, or center; remittance of money.

79-1150.
Regional network, school, or center; remittance of money.
All money derived from any source other than General Fund appropriations by any regional network, school, or center as provided in sections 79-1148 and 79-1149 shall be remitted to the State Treasurer for credit to the State Department of Education Cash Fund, and such money shall be made available to any such regional network, school, or center for purposes of education, training, or maintenance of students.
Source
Laws 1965, c. 382, § 2, p. 1234;
Laws 1972, LB 1000, § 3;
Laws 1978, LB 871, § 29;
R.S.1943, (1984), § 43-619;
Laws 1987, LB 367, § 39;
R.S.1943, (1994), § 79-3339;
Laws 1996, LB 900, § 832;
Laws 2009, LB549, § 43.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1151 - Residential schools; emergency cash fund; established; use.

79-1151.
Residential schools; emergency cash fund; established; use.
An emergency cash fund shall be established on behalf of any school as provided for by sections 79-1148 and 79-1149. The fund shall not exceed five hundred dollars. Such emergency cash fund shall be used to provide for immediate and unusual needs as may be required and shall be reimbursed from the General Fund appropriation of each such school.
Source
Laws 1996, LB 900, § 833.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1154 - Department; review special training and educational programs.

79-1154.
Department; review special training and educational programs.
The department shall review special training and educational programs offered by or in conjunction with any public school district, combination of public school districts, educational service unit, or combination of educational service units subject to the following:
(1) Each teacher in any such special program shall be qualified;
(2) Teacher aides working with any such program shall have such qualifications as the governing body of the school district, educational service unit, or combination shall prescribe and shall participate in appropriate inservice activities; and
(3) Each qualified teacher shall be responsible for the direct supervision of teacher aides, whose duties shall be limited to those prescribed in section 79-802.
For purposes of this section, qualified teacher means an individual holding a valid State of Nebraska teaching or special services certificate with an endorsement appropriate to the disabilities served. If such teacher is serving children with more than one disability, qualified teacher means an individual holding a valid State of Nebraska teaching or special services certificate with an endorsement in at least one of the disabilities served.
Source
Laws 1967, c. 246, § 1, p. 650;
Laws 1972, LB 690, § 12;
Laws 1973, LB 403, § 15;
Laws 1974, LB 863, § 4;
Laws 1976, LB 761, § 4;
R.S.1943, (1984), § 43-625;
Laws 1987, LB 367, § 40;
R.S.1943, (1994), § 79-3340;
Laws 1996, LB 900, § 836;
Laws 1997, LB 346, § 37;
Laws 2019, LB675, § 38.
Cross References
Special education course work, requirements for entry-level certificate, see section 79-809.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1155 - Special education programs; reports; special education program application; review and approval.

79-1155.
Special education programs; reports; special education program application; review and approval.
All school districts shall, on a date prescribed by the department, file with the department application information for special education programs and support services. Cooperatives of school districts or educational service units applying for grants or reimbursement for programs pursuant to section 79-1132, 79-1142, or 79-1144 shall also file application information pursuant to this section. The application forms shall conform to reporting requirements provided in section 79-1156. The department shall review and take action to approve, approve with modifications, or disapprove the application for special education programs of the school district, cooperative of school districts, or educational service unit. Supplementary amendments to any program application previously approved by the department may be submitted on dates specified by the department during the same school year and shall be subject to the same review and approval as the initial application. The department shall approve, approve with modifications, or disapprove all supplementary amendments to the program application. All final financial reports on special education and support services costs shall be reported to the department by October 31 of each year for the preceding school year on forms prescribed by the department. Any program that provides residential care shall show the costs of such care separately from the costs of the education program.
Source
Laws 1973, LB 403, § 3;
Laws 1976, LB 761, § 6;
Laws 1986, LB 942, § 7;
R.S.Supp.,1986, § 43-643;
Laws 1987, LB 367, § 43;
R.S.1943, (1994), § 79-3343;
Laws 1996, LB 900, § 837;
Laws 1997, LB 346, § 38;
Laws 1997, LB 710, § 25;
Laws 1997, LB 865, § 9;
Laws 1999, LB 813, § 47;
Laws 2001, LB 797, § 46;
Laws 2003, LB 67, § 25;
Laws 2019, LB675, § 39.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1156 - Special education and support services programs; coordination; application required.

79-1156.
Special education and support services programs; coordination; application required.
The department shall coordinate information reporting requirements for special education and support services programs with other educational data reporting requirements of the department to the extent possible. The application for programs shall contain the information required by the department.
Source
Laws 1973, LB 403, § 9;
Laws 1985, LB 518, § 4;
Laws 1986, LB 942, § 11;
R.S.Supp.,1986, § 43-649;
Laws 1987, LB 367, § 44;
R.S.1943, (1994), § 79-3344;
Laws 1996, LB 900, § 838;
Laws 1997, LB 346, § 39;
Laws 1997, LB 865, § 10;
Laws 1999, LB 813, § 48;
Laws 2003, LB 67, § 26;
Laws 2019, LB675, § 40.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1157 - Special education programs; review; evaluation.

79-1157.
Special education programs; review; evaluation.
All special education programs shall be reviewed by the department.
To determine the effectiveness of the programs and services being provided, the department shall conduct a program of continuing evaluations of the different types of programs and services being provided for each of the service groups. In conducting these evaluations, the department shall take into account such factors as numbers and types of children with disabilities, class sizes, qualifications of staff, and other factors which the department deems appropriate. The department shall conduct evaluations of all programs and services and shall conduct these evaluations in such a manner as to enable the department to compare the relative effectiveness of the same or similar programs or services provided in different locations.
Evaluation studies shall be designed to provide the Legislature, the department, the school districts, and other service agencies with the following information:
(1) A detailed description of groups served;
(2) A detailed description of the kind of programs or services provided and their cost per unit of service as well as the cost of each service; and
(3) A detailed description of the effectiveness of the programs or services.
Source
Laws 1973, LB 403, § 12;
R.S.1943, (1984), § 43-650;
Laws 1987, LB 367, § 45;
Laws 1990, LB 1090, § 42;
R.S.1943, (1994), § 79-3345;
Laws 1996, LB 900, § 839;
Laws 1997, LB 346, § 40;
Laws 1999, LB 813, § 49;
Laws 2019, LB675, § 41.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1158 - Special education and support services programs; reimbursement; when.

79-1158.
Special education and support services programs; reimbursement; when.
No reimbursement for special education and support services programs shall be allowed unless the program meets the standards established by the department.
Source
Laws 1973, LB 403, § 13;
Laws 1976, LB 761, § 9;
R.S.1943, (1984), § 43-651;
Laws 1987, LB 367, § 46;
R.S.1943, (1994), § 79-3346;
Laws 1996, LB 900, § 840;
Laws 1997, LB 865, § 11;
Laws 2019, LB675, § 42.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1159 - Department; school district; technical assistance; advisory capacity.

79-1159.
Department; school district; technical assistance; advisory capacity.
The department, upon the request of any school district, shall provide technical assistance in the promulgation of any plan, program, or report required by the Special Education Act. Such assistance shall be given only in an advisory capacity and shall not be designed or construed to transfer, either in whole or in part, the responsibility for or actual development or implementation of such plan, program, or report.
Source
Laws 1973, LB 403, § 22;
R.S.1943, (1984), § 43-653;
Laws 1987, LB 367, § 47;
R.S.1943, (1994), § 79-3347;
Laws 1996, LB 900, § 841;
Laws 2019, LB675, § 43.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1159.01 - Department; assistive technology devices registry.

79-1159.01.
Department; assistive technology devices registry.
The department shall establish a registry for assistive technology devices to encourage and facilitate cooperation and shared usage of assistive technology devices. Participation by school districts, educational service units, and approved cooperatives shall be voluntary.
Source
Laws 1997, LB 865, § 13;
Laws 2019, LB675, § 44.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1160 - State Board of Education; rules and regulations.

79-1160.
State Board of Education; rules and regulations.
The State Board of Education may adopt, promulgate, and publish rules and regulations necessary to carry out the Special Education Act.
Source
Laws 1973, LB 403, § 29;
R.S.1943, (1984), § 43-660;
Laws 1987, LB 367, § 48;
R.S.1943, (1994), § 79-3348;
Laws 1996, LB 900, § 842;
Laws 1996, LB 1044, § 825;
Laws 1997, LB 346, § 41;
Laws 2019, LB675, § 45.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1161 - Child with a disability; school district; protect rights of child; assignment of surrogate parent.

79-1161.
Child with a disability; school district; protect rights of child; assignment of surrogate parent.
(1) School districts shall establish and maintain procedures to protect the rights of a child with a disability whenever (a) no parents of the child can be identified, (b) the school district cannot, after reasonable efforts, locate a parent of the child, (c) the child is a ward of the state, or (d) the child is an unaccompanied or homeless youth as defined in 42 U.S.C. 11434a, as such section existed on January 1, 2019. Such procedures shall include the assignment of an individual to act as a surrogate for the parents. The school district shall make reasonable efforts to ensure the assignment of a surrogate not more than thirty days after there is a determination by the district that the child needs a surrogate. In the case of a child who is a ward of the state, such surrogate may alternatively be appointed by the judge overseeing the child's care if the surrogate meets the requirements of subdivision (2)(c) of this section.
(2) The surrogate parent shall (a) have no interest which conflicts with the interest of the child, (b) have knowledge and skills that insure adequate representation, and (c) not be an employee of any agency involved in the care or education of the child. A person otherwise qualified to be a surrogate parent under this subsection is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent. The surrogate parent appointed under this section may represent the child in all matters relating to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child.
(3) The services of the surrogate parent shall be terminated when (a) the child is no longer eligible under subsection (1) of this section, (b) a conflict of interest develops between the interest of the child and the interest of the surrogate parent, or (c) the surrogate parent fails to fulfill his or her duties as a surrogate parent. Issues arising from the selection, appointment, or removal of a surrogate parent by a school district shall be resolved through hearings established under sections 79-1162 to 79-1167. The surrogate parent and the school district which appointed the surrogate parent shall not be liable in civil actions for damages for acts of the surrogate parent unless such acts constitute willful and wanton misconduct.
Source
Laws 1988, LB 165, § 1;
R.S.1943, (1994), § 79-4,147;
Laws 1996, LB 900, § 843;
Laws 1997, LB 346, § 42;
Laws 2009, LB549, § 44;
Laws 2019, LB675, § 46.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1162 - Identification, evaluation, or educational placement; hearing; copy of procedures provided; reimbursement.

79-1162.
Identification, evaluation, or educational placement; hearing; copy of procedures provided; reimbursement.
A parent, guardian, competent student of the age of majority, or school district may initiate a hearing on matters related to the initiation, change, or termination or the refusal to initiate, change, or terminate the identification, evaluation, or educational placement of a child with a disability or the provision of a free appropriate public education or records relating thereto. A copy of the procedures specified in rules and regulations of the department for complaints and hearings under this section shall be provided by school districts to all parents and guardians of children with disabilities upon initial consideration of the provision of services for their children with disabilities. Such hearing shall be initiated by filing a petition with the department.
Source
Laws 1978, LB 871, § 4;
Laws 1985, LB 518, § 5;
R.S.Supp.,1986, § 43-661;
Laws 1987, LB 367, § 49;
R.S.1943, (1994), § 79-3349;
Laws 1996, LB 900, § 844;
Laws 1997, LB 346, § 43;
Laws 2001, LB 797, § 47;
Laws 2019, LB675, § 47.
Annotations
Insofar as a State is required to provide a handicapped student with a "free appropriate public education" it satisfies that requirement by providing personalized instruction with sufficient support services to permit the student to benefit educationally from that instruction. Adams Central School Dist. v. Deist, 215 Neb. 284, 338 N.W.2d 591 (1983).
Parent must exhaust administrative remedies before asking a federal court to direct a different placement than that ordered by school. Monahan v. State of Nebraska, 687 F.2d 1164 (8th Cir. 1982).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1163 - Department; conduct hearings; hearing officers; employed; qualifications; jurisdiction.

79-1163.
Department; conduct hearings; hearing officers; employed; qualifications; jurisdiction.
The department shall conduct hearings initiated under section 79-1162 using hearing officers and may employ, retain, or approve such qualified hearing officers as are necessary to conduct hearings provided by sections 79-1162 to 79-1167. The hearing officers shall not be persons who are employees or officers of a state or local public agency which is involved in the education or care of the child with a disability on whose behalf the hearing is being held. A person who otherwise qualifies to conduct a hearing under such sections is not an employee of the agency solely because the person is paid by the agency to serve as a hearing officer. No hearing officer shall participate in any way in any hearing or matter in which the hearing officer may have a conflict of interest. Hearing officers appointed and assigned by the department shall have exclusive original jurisdiction over cases arising under such sections, and juvenile courts shall not in any event have jurisdiction over such matters.
Source
Laws 1978, LB 871, § 5;
Laws 1980, LB 855, § 1;
Laws 1985, LB 518, § 6;
R.S.Supp.,1986, § 43-662;
Laws 1987, LB 367, § 50;
R.S.1943, (1994), § 79-3350;
Laws 1996, LB 900, § 845;
Laws 1997, LB 346, § 44;
Laws 2019, LB675, § 48.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1164 - Hearing; hearing officer; duties.

79-1164.
Hearing; hearing officer; duties.
Upon the receipt of a petition filed under section 79-1162, the department shall assign it to a hearing officer. The hearing officer shall receive all subsequent pleadings and shall conduct the hearing. At the hearing the parties shall present evidence on the issues raised in the pleadings. At the completion of the proceedings, the hearing officer shall prepare a report based on the evidence presented containing findings of fact and conclusions of law. Within forty-five days after the receipt of a request for a hearing, the hearing officer shall prepare a final decision and order directing such action as may be necessary. At the request of either party for good cause shown, the hearing officer may grant specific extensions of time beyond this period. The report and the final decision and order shall be delivered via certified mail to each party or attorney of record and to the Commissioner of Education.
Source
Laws 1980, LB 855, § 2;
Laws 1985, LB 518, § 7;
R.S.Supp.,1986, § 43-662.01;
Laws 1987, LB 367, § 51;
R.S.1943, (1994), § 79-3351;
Laws 1996, LB 900, § 846;
Laws 2019, LB675, § 49.
Annotations
A hearing officer may grant compensatory relief under this section as an action that may be necessary. Adams Central School Dist. v. Deist, 214 Neb. 307, 334 N.W.2d 775 (1983).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1165 - Hearing; party; rights; enumerated.

79-1165.
Hearing; party; rights; enumerated.
Any party at a hearing conducted under sections 79-1163 and 79-1164 shall have the right to:
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five days before the hearing;
(4) Obtain a written or electronic verbatim record of the hearing; and
(5) Obtain written findings of fact and decisions.
The hearing officer may also produce evidence on the officer's own motion.
Source
Laws 1978, LB 871, § 7;
R.S.1943, (1984), § 43-664;
Laws 1987, LB 367, § 52;
R.S.1943, (1994), § 79-3352;
Laws 1996, LB 900, § 847;
Laws 1997, LB 346, § 45.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1166 - Hearing officer; subpoena witnesses; fees and expenses; failure to respond; contempt.

79-1166.
Hearing officer; subpoena witnesses; fees and expenses; failure to respond; contempt.
The hearing officer has the power by subpoena to compel the appearance of witnesses and the production of any relevant evidence. Any witness compelled to attend or produce evidence shall be entitled to the fees and expenses allowed in district court. Any failure to respond to such subpoena shall be certified by the hearing officer to the district court of Lancaster County for enforcement or for punishment for contempt of the district court.
Source
Laws 1978, LB 871, § 8;
R.S.1943, (1984), § 43-665;
Laws 1987, LB 367, § 53;
R.S.1943, (1994), § 79-3353;
Laws 1996, LB 900, § 848.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,109 - Nebraska Center for the Education of Children who are Blind or Visually Impaired; State Department of Education; powers.

79-11,109.
Nebraska Center for the Education of Children who are Blind or Visually Impaired; State Department of Education; powers.
The State Department of Education shall have oversight and general control of the Nebraska Center for the Education of Children who are Blind or Visually Impaired, formerly the Nebraska School for the Visually Handicapped. The department may contract with a school district, an educational service unit, or a public institution of city, county, or state government to operate the center. The department may use, lease, or otherwise contract for the use of property and facilities formerly controlled by the Nebraska School for the Visually Handicapped for services of the center.
Source
Laws 1959, c. 419, § 1, p. 1409;
Laws 1961, c. 412, § 3, p. 1238;
R.S.1943, (1994), § 79-2001;
Laws 1996, LB 900, § 891;
Laws 1997, LB 346, § 53;
Laws 1997, LB 347, § 44;
Laws 1999, LB 813, § 53.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,110 - Center; purpose.

79-11,110.
Center; purpose.
The purpose of the Nebraska Center for the Education of Children who are Blind or Visually Impaired is to provide special education services for persons not to exceed twenty-one years of age who are blind or visually impaired to such an extent that they cannot receive services in the public schools of this state. The center shall be the state resource center for all special education programs for children who are blind or visually impaired in Nebraska and shall provide services such as instructional materials and technology support, assessment and evaluation services, teacher training and professional development, summer and weekend programs, residential services, center-based programs, public school combination programs, local public school support, and consultation services to school districts and educational service units.
Source
Laws 1959, c. 419, § 2, p. 1409;
Laws 1961, c. 412, § 4, p. 1238;
Laws 1969, c. 740, § 1, p. 2793;
R.S.1943, (1994), § 79-2002;
Laws 1996, LB 900, § 892;
Laws 1997, LB 346, § 54;
Laws 1999, LB 813, § 54.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,121 - Division of Rehabilitation Services; established.

79-11,121.
Division of Rehabilitation Services; established.
The Division of Rehabilitation Services in the State Department of Education is established.
Source
Laws 1955, c. 324, § 1, p. 1001;
R.S.1943, (1994), § 79-1446;
Laws 1996, LB 900, § 903.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,122 - Division; administration; director; appointment; duties.

79-11,122.
Division; administration; director; appointment; duties.
The Division of Rehabilitation Services shall be administered, under the general supervision and direction of the Commissioner of Education, by a director appointed by the commissioner, with the approval of the State Board of Education, in accordance with established personnel standards and on the basis of his or her education, training, experience, and demonstrated ability in the field of vocational rehabilitation. In carrying out duties under sections 79-11,121 to 79-11,132, the director shall:
(1) With the approval of the commissioner, prepare rules and regulations for adoption and promulgation by the State Board of Education governing (a) personnel standards, (b) protection of records and confidential information, (c) eligibility investigation and determination for vocational rehabilitation services, (d) procedures for fair hearings, and (e) such other matters as the director finds necessary to carry out the purposes of such sections;
(2) With the approval of the commissioner, establish and maintain appropriate subordinate administrative units within the division;
(3) Recommend to the commissioner for the appointment of such personnel as the director deems necessary for the efficient performance of the functions of the division;
(4) Prepare and submit to the State Board of Education annual reports of the activities and expenditures and, prior to each regular session of the Legislature, estimates of sums required for carrying out the provisions of such sections and estimates of the amounts to be made available for this purpose from all sources;
(5) Make certification for disbursement, in accordance with rules and regulations, of funds available for vocational rehabilitation;
(6) With the approval of the commissioner and the State Board of Education, take such other action as the director deems necessary or appropriate to carry out the purposes of such sections; and
(7) With the approval of the commissioner and the State Board of Education, when the director deems it advisable, delegate to any officer or employee of the division such powers and duties, except the making of regulations and the making of recommendations for the appointment of personnel, as the director finds necessary to carry out the purposes of such sections.
Source
Laws 1955, c. 324, § 2, p. 1001;
R.S.1943, (1994), § 79-1447;
Laws 1996, LB 900, § 904.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,123 - Division; rehabilitation services; furnish; exceptions.

79-11,123.
Division; rehabilitation services; furnish; exceptions.
Except as otherwise provided by law for the rehabilitation of the blind, the State Board of Education through the Division of Rehabilitation Services shall provide vocational rehabilitation services to disabled individuals determined by the director to be eligible for such services. In carrying out the purposes of sections 79-11,121 to 79-11,132, the division is authorized among other things:
(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of disabled individuals, in studying the problems involved, and in establishing, developing, and providing, in conformity with the purposes of such sections, such programs, facilities, and services as may be necessary and desirable; and
(2) To conduct research and compile statistics relating to the vocational rehabilitation of disabled individuals.
Source
Laws 1955, c. 324, § 3, p. 1003;
R.S.1943, (1994), § 79-1448;
Laws 1996, LB 900, § 905.
Cross References
Commission for the Blind and Visually Impaired Act, see section 71-8601.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,124 - Rehabilitation services; board; powers; duties.

79-11,124.
Rehabilitation services; board; powers; duties.
The State Board of Education, through the Division of Rehabilitation Services, shall (1) cooperate, pursuant to agreements with the federal government, in carrying out the purposes of any federal acts pertaining to vocational rehabilitation and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal acts and appropriations, (2) administer any legislation pursuant thereto enacted by the Legislature, (3) direct the disbursement of and administer the use of all funds provided by the federal government or this state for the vocational rehabilitation of disabled persons of this state, and (4) do all things necessary to insure the vocational rehabilitation of disabled persons.
Source
Laws 1955, c. 324, § 4, p. 1003;
R.S.1943, (1994), § 79-1449;
Laws 1996, LB 900, § 906.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,125 - Rehabilitation services; federal funds; State Treasurer; duties.

79-11,125.
Rehabilitation services; federal funds; State Treasurer; duties.
The State Treasurer is designated as the custodian of all funds received by the state from appropriations made by the Congress of the United States or from other sources for the purpose of carrying out any state or federal act pertaining to vocational rehabilitation. The State Treasurer is authorized to receive and provide for the proper custody of such funds and to establish such special funds and accounts as may be necessary and shall make disbursements from such funds and accounts for vocational rehabilitation purposes upon certification in the manner provided in subdivision (5) of section 79-11,122.
Source
Laws 1955, c. 324, § 5, p. 1003;
R.S.1943, (1994), § 79-1450;
Laws 1996, LB 900, § 907.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,126 - Division; budget estimates; federal funds; authority to comply with requirements.

79-11,126.
Division; budget estimates; federal funds; authority to comply with requirements.
Budget estimates of the amounts of appropriations needed each biennium for vocational rehabilitation services and for the administration of such program shall be submitted as provided by law, and sufficient funds for the purpose of carrying out the provisions of sections 79-11,121 to 79-11,132 shall be appropriated by the Legislature. In the event federal funds are available to the State of Nebraska for vocational rehabilitation purposes, the Division of Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain the maximum amount of federal funds and the most advantageous proportion possible insofar as this may be done without violating other provisions of the state laws and Constitution of Nebraska.
Source
Laws 1955, c. 324, § 6, p. 1004;
Laws 1986, LB 258, § 21;
R.S.1943, (1994), § 79-1451;
Laws 1996, LB 900, § 908.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,127 - Rehabilitation services; eligibility.

79-11,127.
Rehabilitation services; eligibility.
Vocational rehabilitation services shall be provided to any disabled individual, other than the blind, who is a resident of the state at the time of filing application therefor and whose vocational rehabilitation, as the director determines after a full investigation, can be satisfactorily achieved. Vocational rehabilitation services means any services provided directly or through public or private instrumentalities found by the director to be necessary to enable such a disabled individual to overcome his or her employment handicap and to enable him or her to engage in an occupation, including, but not limited to: Medical and vocational diagnosis; vocational guidance, counseling, and placement; rehabilitation training; physical restoration; transportation; occupational licenses; placement equipment and materials; maintenance and training books and materials; the acquisition of vending stands or other equipment and initial stocks and supplies for use by severely handicapped individuals in any type of small business, the operation of which will be improved through the management and supervision by the Division of Rehabilitation Services; and the establishment of public and other nonprofit workshops for the severely disabled.
Source
Laws 1955, c. 324, § 7, p. 1004;
R.S.1943, (1994), § 79-1452;
Laws 1996, LB 900, § 909.
Cross References
Commission for the Blind and Visually Impaired Act, see section 71-8601.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,128 - Rehabilitation services; aggrieved person; State Board of Education; fair hearing.

79-11,128.
Rehabilitation services; aggrieved person; State Board of Education; fair hearing.
Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the Division of Rehabilitation Services shall be entitled to a fair hearing in accordance with regulations adopted and promulgated by the State Board of Education.
Source
Laws 1955, c. 324, § 8, p. 1005;
R.S.1943, (1994), § 79-1453;
Laws 1996, LB 900, § 910.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,129 - Rehabilitation services; unlawful acts.

79-11,129.
Rehabilitation services; unlawful acts.
It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof or acquired in the course of the performance of official duties, except in response to summons, subpoena, or other order of a court.
Source
Laws 1955, c. 324, § 9, p. 1005;
R.S.1943, (1994), § 79-1454;
Laws 1996, LB 900, § 911.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,130 - State Board of Education; Secretary of the United States Department of Health and Human Services; agreement; purpose.

79-11,130.
State Board of Education; Secretary of the United States Department of Health and Human Services; agreement; purpose.
The State Board of Education is empowered to enter into an agreement on behalf of the State of Nebraska with the Secretary of the United States Department of Health and Human Services to carry out the provisions of the federal Social Security Act, as amended, relating to the making of determinations of disability under the provisions of such act.
Source
Laws 1955, c. 324, § 11, p. 1006;
Laws 1973, LB 586, § 1;
Laws 1991, LB 2, § 22;
R.S.1943, (1994), § 79-1455;
Laws 1996, LB 900, § 912.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,131 - State Treasurer; custodian of funds; disbursement.

79-11,131.
State Treasurer; custodian of funds; disbursement.
The State Treasurer shall act as custodian of the money paid by the federal government to the state to carry out the agreement referred to in section 79-11,130 and shall disburse such money in accordance with the direction of the State Board of Education.
Source
Laws 1955, c. 324, § 12, p. 1006;
R.S.1943, (1994), § 79-1456;
Laws 1996, LB 900, § 913.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,132 - Interagency agreement with Department of Health and Human Services; matching of funds required.

79-11,132.
Interagency agreement with Department of Health and Human Services; matching of funds required.
The State Department of Education shall enter into an interagency agreement with the Department of Health and Human Services to provide vocational rehabilitation services and supported employment programs to persons with developmental disabilities. The Division of Rehabilitation Services of the State Department of Education shall match all state and local funds provided by the Department of Health and Human Services and developmental disabilities regions to the extent that federal vocational rehabilitation funds are available.
Source
Laws 1991, LB 830, § 33;
R.S.1943, (1994), § 79-1457;
Laws 1996, LB 900, § 914;
Laws 1996, LB 1044, § 820.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,133 - Adult Education Program; establishment; purpose.

79-11,133.
Adult Education Program; establishment; purpose.
The Adult Education Program is established in the State Department of Education. The program shall assist in the development and strengthening of community education programs in school districts of the state and provide for the education of any person who is sixteen years of age or older, who is not enrolled in high school and is not required to be enrolled in school, who lacks sufficient mastery of basic educational skills to enable him or her to function effectively in society or does not have a certificate of graduation from a high school or equivalent educational experience, and whose lack of mastery of basic skills results in an inability to speak, read, write, or understand the English language constituting a substantial impairment of his or her ability and evidences a need for programs to help eliminate such inability and raise his or her level of education making it less likely that he or she will become dependent on others. The program shall be under the direction of a state supervisor appointed by the department.
Source
Laws 1927, c. 82, § 1, p. 248;
C.S.1929, § 79-2301;
R.S.1943, § 79-2301;
Laws 1949, c. 256, § 404, p. 827;
Laws 1990, LB 1090, § 28;
R.S.1943, (1994), § 79-1415;
Laws 1996, LB 900, § 915.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,134 - Adult education; classes; authorized.

79-11,134.
Adult education; classes; authorized.
School boards and boards of education may expend money for conducting schools and classes in school buildings, industrial establishments, places of employment, and such other places as may be expedient for the purpose of giving instruction to persons described in section 79-11,133. Such courses of instruction or study may include basic educational skills, English, history, civics, and other subjects tending to promote good citizenship and to increase vocational efficiency.
Source
Laws 1927, c. 82, § 2, p. 248;
C.S.1929, § 79-2302;
R.S.1943, § 79-2302;
Laws 1949, c. 256, § 405, p. 827;
Laws 1990, LB 1090, § 29;
R.S.1943, (1994), § 79-1416;
Laws 1996, LB 900, § 916.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-11,135 - Adult Education Program; expenses; how paid.

79-11,135.
Adult Education Program; expenses; how paid.
The Commissioner of Education may disburse, from funds appropriated for the State Department of Education, sufficient money for supervision, instruction, and other necessary expenses in conducting the Adult Education Program.
Source
Laws 1927, c. 82, § 4, p. 249;
C.S.1929, § 79-2304;
R.S.1943, § 79-2304;
Laws 1949, c. 256, § 407, p. 828;
Laws 1990, LB 1090, § 30;
R.S.1943, (1994), § 79-1418;
Laws 1996, LB 900, § 917.