reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,136 - Class V school district; conveyance of site; conditions; proceeds.

79-10,136.
Class V school district; conveyance of site; conditions; proceeds.
Whenever it is determined by the board of education of a Class V school district that it would be in the best educational interests of the school district that any portion of the real estate legally described in section 79-10,127 and any buildings and improvements erected and maintained thereon be conveyed to the United States, the State of Nebraska, any political subdivision of the state, or any nonprofit corporation which is legally organized and existing under the laws of the state, such portion of the property may be conveyed by such city and school district upon such terms and conditions as are acceptable to such board of education, notwithstanding any restrictions in the original deed to the city prohibiting such conveyance. Such conveyance shall not be subject to the provisions of sections 79-10,128 to 79-10,135. Any proceeds or other consideration received by the school district from such conveyance shall belong solely to the school district, to be used by it for such purposes authorized by the laws governing such school district.
Source
Laws 1982, LB 845, § 2;
R.S.1943, (1994), § 79-1070;
Laws 1996, LB 900, § 782.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,137 - Legislative findings.

79-10,137.
Legislative findings.
The Legislature finds that, for Nebraska to compete effectively in the world, it must have an educated and productive work force. In order to have an educated and productive work force, it must prepare its children to learn, and in order to do so the children must be well-nourished. The Legislature finds that school breakfast and lunch programs are integral parts of Nebraska's educational system.
Source
Laws 2000, LB 26, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,138 - Program qualifications; reimbursement.

79-10,138.
Program qualifications; reimbursement.
The State Department of Education shall reimburse each qualified public school in Nebraska a portion of the cost of such school's school breakfast program in the amount of five cents per school breakfast served by such school in the second preceding school year. To qualify, a school district shall operate a school lunch program and shall submit information regarding the number of breakfasts served in a manner prescribed by the department. The Legislature shall appropriate money from the General Fund to carry out this section.
Source
Laws 2000, LB 26, § 2;
Laws 2003, LB 796, § 1;
Laws 2007, LB73, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,140 - Summer Food Service Program; terms, defined.

79-10,140.
Summer Food Service Program; terms, defined.
For purposes of sections 79-10,140 to 79-10,142:
(1) Department means the State Department of Education; and
(2) Sponsor means a public or private nonprofit school food authority, local, municipal, or county government, public or private nonprofit higher education institution participating in the National Youth Sports Program, or residential public or private nonprofit summer camp that provides food service similar to food service made available to children during the school year under the school lunch program or the school breakfast program under the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.
Source
Laws 2012, LB1090, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,142 - Summer Food Service Program; department; collect data; report.

79-10,142.
Summer Food Service Program; department; collect data; report.
The department shall collect data regarding the number of sponsors, the number of sites utilized by sponsors, and the number of children served as a result of the grants awarded under section 79-10,141. The department shall submit a report electronically to the Education Committee of the Legislature on this data not later than December 1 each year.
Source
Laws 2012, LB1090, § 3;
Laws 2013, LB222, § 34.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,143 - Parent or guardian; provide information regarding qualification; school district; duties.

79-10,143.
Parent or guardian; provide information regarding qualification; school district; duties.
A parent or guardian of any student enrolled in, or in the process of enrolling in, any school district in the state may voluntarily provide information on any application submitted pursuant to Nebraska law, rules, and regulations regarding the applicant's potential to meet the qualifications for free or reduced-price lunches solely for determining eligibility pursuant to subsection (4) of section 79-238, subsection (2) of section 79-241, section 79-2,131, section 79-2,133, subsection (2) of section 79-611, subdivision (1)(c) and subsection (3) of section 79-2110, or section 85-2104. Each school district shall process information provided pursuant to this section in the same manner as the district would to determine the qualification status of the student for free or reduced-price meals. Each school district shall comply with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as such act and section existed on January 1, 2015, and regulations adopted thereunder with regard to any information collected pursuant to this section. If no such information is provided pursuant to this section or on an application for free or reduced-price meals, the student shall be presumed not to qualify for free or reduced-price lunches.
Source
Laws 2015, LB525, § 3;
Laws 2016, LB1066, § 20.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,144 - Community eligibility provision; state aid and federal funds; State Department of Education; duties.

79-10,144.
Community eligibility provision; state aid and federal funds; State Department of Education; duties.
The State Department of Education shall promote the community eligibility provision to schools and school districts eligible to participate, and such promotion shall include, but is not limited to, providing official departmental guidance regarding the options available to schools and school districts for implementation and options for school districts in maintaining state aid and federal funds.
Source
Laws 2016, LB1066, § 23.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,146 - Swimming pool; personnel.

79-10,146.
Swimming pool; personnel.
Every swimming pool owned, rented, leased, or otherwise used by a school district for practice, competition, or any other school function shall have at least one person present during such use who is currently certified by a nationally recognized aquatic training program in first aid, cardiopulmonary resuscitation, and drowning risk prevention.
Source
Laws 2017, LB512, § 4.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,147 - Legislative intent.

79-10,147.
Legislative intent.
It is the intent of the Legislature to fully fund the Tax Equity and Educational Opportunities Support Act each year.
Source
Laws 2020, LB1107, § 142.
Cross References
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,148 - Extraordinary Increase in Special Education Expenditures Act, how cited.

79-10,148.
Extraordinary Increase in Special Education Expenditures Act, how cited.
Sections 79-10,148 to 79-10,151 shall be known and may be cited as the Extraordinary Increase in Special Education Expenditures Act.
Source
Laws 2023, LB705, § 39.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,149 - Legislative findings.

79-10,149.
Legislative findings.
The Legislature finds that:
(1) The cost to educate students with special needs has increased in recent years;
(2) Special education expenditures can be unpredictable for school districts, particularly for school districts with small student populations, and can change dramatically from year to year as students with varying needs join or leave the school district;
(3) School districts may have difficulty covering large unexpected special education expenditures; and
(4) Assisting school districts upfront with large, unexpected special education expenditures allows such school districts to more easily meet the needs of all students.
Source
Laws 2023, LB705, § 40.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,150 - Special education expenditures; extraordinary increase, expected; application for payment; procedure; payment, how made.

79-10,150.
Special education expenditures; extraordinary increase, expected; application for payment; procedure; payment, how made.
(1) On or before January 15 of each school fiscal year, a school district with expected special education expenditures that total (a) at least fifty thousand dollars annually or (b) one-half percent or more of such school district's annual budget, whichever is greater, may submit an application as prescribed by the State Department of Education to the department for a payment from the Education Future Fund to cover an extraordinary increase in special education expenditures pursuant to the requirements of this section. Such application shall include the special education expenditures of the applicant school district as of the immediately preceding December 31 for the school fiscal year in which the application is submitted.
(2) The department shall divide the special education expenditures for the school fiscal year immediately preceding the school fiscal year in which an application is submitted by two and multiply the result by one hundred seven percent for each applicant school district.
(3) Each applicant school district shall qualify for a maximum payment equal to the difference of the special education expenditures for the current school fiscal year submitted pursuant to subsection (1) of this section minus the amount calculated pursuant to subsection (2) of this section for such school district for such school fiscal year.
(4) The department shall make a payment to each applicant school district on or before January 31 for the school fiscal year in which the application is submitted. Such payment shall equal the maximum payment determined pursuant to subsection (3) of this section, except that if the sum of all maximum payments for applicant school districts for such school fiscal year exceeds the available balance for such purpose in the Education Future Fund, each payment shall be reduced proportionally so that the sum of all payments for applicant school districts for such school fiscal year equals the available balance for such purpose in the fund.
Source
Laws 2023, LB705, § 41.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-10,151 - Payments; funding.

79-10,151.
Payments; funding.
The department shall make a payment to each qualifying applicant school district from the Education Future Fund pursuant to section 79-10,150 for an extraordinary increase in special education expenditures. The department shall reimburse the fund for each such payment from the appropriation for special education and support services reimbursements pursuant to section 79-1142 in the school fiscal year immediately following the school fiscal year in which each such payment was made. It is the intent of the Legislature to appropriate up to two million five hundred thousand dollars from the Education Future Fund for fiscal year 2023-24 and each year thereafter for payments to qualifying applicants.
Source
Laws 2023, LB705, § 42.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1102 - Early Childhood Training Center; established; purpose; duties; statewide training program; established.

79-1102.
Early Childhood Training Center; established; purpose; duties; statewide training program; established.
(1) An Early Childhood Training Center shall be established within the State Department of Education. The purpose of the center is to train individuals who provide education and development activities for infants and young children and their parents. The center, taking into consideration existing public and private training efforts, shall provide support and assistance to schools and public and private providers of early childhood education services in developing training programs for staff. The center, in consultation with the Department of Health and Human Services, shall approve training that is used to satisfy child care licensing criteria for required training, annual inservice training, and training needed for participation or advancement in the quality rating and improvement system established pursuant to the Step Up to Quality Child Care Act. The center, taking into consideration existing public and private training efforts, shall also provide clearinghouse information and publications on available early childhood education training opportunities throughout the state.
(2) The center shall establish a statewide training program to support the development of parent education programs in local communities. The goal of this project is to train individuals who will be able to work with public and private providers of early childhood services to establish parent education programs in their communities.
Source
Laws 1990, LB 567, § 2;
R.S.1943, (1994), § 79-3702;
Laws 1996, LB 900, § 784;
Laws 2007, LB231, § 1;
Laws 2014, LB967, § 20.
Cross References
Step Up to Quality Child Care Act, see section 71-1952.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1104 - Before-and-after-school or prekindergarten services; transportation services; school board; powers and duties.

79-1104.
Before-and-after-school or prekindergarten services; transportation services; school board; powers and duties.
(1) Any school board in its discretion may (a) establish and financially support programs providing before-and-after-school or prekindergarten services, to which attendance shall be voluntary and which the board may deem beneficial to the education of prekindergarten or school-age children and (b) provide or financially support transportation for children to, from, or to and from programs as defined in section 71-1910. The board may charge a fee, not to exceed the actual cost, for providing such programs and services but may waive such fee on the basis of need. This section does not allow any school district to fail to meet its responsibilities under the Special Education Act.
(2) Prekindergarten programs established by school boards or educational service units shall be approved by the State Department of Education subject to regulations adopted and promulgated by the State Board of Education and may include such components as (a) the utilization of appropriately qualified staff, (b) an appropriate child-to-staff ratio, (c) appropriate group size, (d) compliance with minimum health and safety standards, (e) appropriate facility size and equipment, (f) a strong family development and support component, (g) developmentally and culturally appropriate curriculum, practices, and assessment, (h) well-defined language development and early literacy emphasis, and (i) a plan for ongoing professional development of staff, all in accordance with sound early childhood educational practice, research, and evaluation. All teachers and administrators in prekindergarten programs established pursuant to this section shall hold a valid certificate or permit issued pursuant to sections 79-806 to 79-815, except that the State Board of Education may adopt and promulgate rules and regulations that exempt a prekindergarten program from the requirement for teachers and administrators in prekindergarten programs to hold a valid certificate or permit if such program is in compliance with such rules and regulations.
Source
Laws 1996, LB 900, § 786;
Laws 2001, LB 759, § 3;
Laws 2003, LB 685, § 23;
Laws 2006, LB 1256, § 3;
Laws 2018, LB803, § 1.
Cross References
Special Education Act, see section 79-1110.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1104.03 - Early Childhood Education Endowment Board of Trustees; created; administrative support.

79-1104.03.
Early Childhood Education Endowment Board of Trustees; created; administrative support.
To administer the Early Childhood Education Grant Program with respect to children from birth to age three, the Early Childhood Education Endowment Board of Trustees is created. For administrative support and budgetary purposes only, the board of trustees shall be within the State Department of Education.
Source
Laws 2006, LB 1256, § 6.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1104.04 - Board of trustees; members; terms; expenses.

79-1104.04.
Board of trustees; members; terms; expenses.
(1) The board of trustees shall include the following six members:
(a) The Commissioner of Education or his or her designee;
(b) The chief executive officer of the Department of Health and Human Services or his or her designee; and
(c) The following persons appointed by the Governor, in his or her discretion:
(i) Two persons nominated by the endowment provider;
(ii) An early childhood professional representing an urban at-risk area appointed pursuant to subsection (5) of this section; and
(iii) An early childhood professional representing a rural at-risk county appointed pursuant to subsection (6) of this section.
(2) The terms of office for members initially appointed under subsection (1) of this section shall be three years. Upon completion of the initial terms of such members, the Governor shall appoint the two members under subdivision (1)(c)(i) of this section for terms of one and two years, the member under subdivision (1)(c)(ii) of this section for a term of three years, and the member under subdivision (1)(c)(iii) of this section for a term of two years. Succeeding appointees shall be appointed for terms of three years. An appointee to a vacancy occurring from an unexpired term shall serve out the term of his or her predecessor. Members whose terms have expired shall continue to serve until their successors have been appointed and qualified.
(3) The board of trustees shall by majority vote annually elect a chairperson from among the members of the board of trustees.
(4) The members of the board of trustees shall be reimbursed for expenses incurred while engaged in the performance of their official duties as provided in sections 81-1174 to 81-1177.
(5) The Governor shall, in his or her discretion, appoint one member to the board of trustees who resides or works in an at-risk urban area consisting of not less than ten contiguous census tracts, as determined by the United States Bureau of the Census for the 2000 United States Census, within a city of the metropolitan class, which each contain a percentage of families below the poverty line of greater than twenty percent, as reported by the United States Bureau of the Census for the 2000 United States Census.
(6) The Governor shall, in his or her discretion, appoint one member to the board of trustees who resides or works in a county which does not contain a city of the metropolitan class or a city of the primary class and which contains a percentage of families below the poverty line of greater than eight and one-half percent, as reported by the United States Bureau of the Census for the 2000 United States Census.
Source
Laws 2006, LB 1256, § 7;
Laws 2007, LB296, § 713;
Laws 2008, LB1153, § 6;
Laws 2020, LB381, § 94.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1104.05 - Early Childhood Education Endowment Fund; funding.

79-1104.05.
Early Childhood Education Endowment Fund; funding.
The Early Childhood Education Endowment Fund shall consist of any funds allocated to the Early Childhood Education Endowment Fund from funds belonging to the state for educational purposes described in Article VII, section 7, of the Constitution of Nebraska.
Source
Laws 2006, LB 1256, § 8;
Laws 2009, LB456, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1105 - State Department of Education; education for learners with high ability; consultant; employ.

79-1105.
State Department of Education; education for learners with high ability; consultant; employ.
The State Department of Education has authority to employ a full-time consultant trained and experienced in the field of education for learners with high ability. Such consultant shall encourage, advise, and consult with each school of the state in the development and implementation of plans for education of learners with high ability and shall monitor the implementation of sections 79-1106 to 79-1108.03. For purposes of this section, learner with high ability has the definition found in section 79-1107.
Source
Laws 1967, c. 512, § 1, p. 1718;
R.S.1943, (1994), § 79-339;
Laws 1996, LB 900, § 787;
Laws 1997, LB 347, § 33;
Laws 1998, LB 1229, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1106 - Learners with high ability; purpose of sections.

79-1106.
Learners with high ability; purpose of sections.
The purpose of sections 79-1106 to 79-1108.03 is to assist and encourage all school districts in the development, improvement, and implementation of accelerated or differentiated curriculum programs that will serve the educational needs of learners with high ability at levels appropriate for their abilities.
Source
Laws 1994, LB 647, § 1;
R.S.1943, (1994), § 79-4001;
Laws 1996, LB 900, § 788;
Laws 1997, LB 347, § 34;
Laws 1998, LB 1229, § 6.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1107 - Learners with high ability; terms, defined.

79-1107.
Learners with high ability; terms, defined.
For purposes of sections 79-1106 to 79-1108.03:
(1) Approved accelerated or differentiated curriculum programs means academic programs that serve the educational needs of learners with high ability developed and approved under section 79-1108;
(2) Department means the State Department of Education; and
(3) Learner with high ability means a student who gives evidence of high performance capability in such areas as intellectual, creative, or artistic capacity or in specific academic fields and who requires accelerated or differentiated curriculum programs in order to develop those capabilities fully.
Source
Laws 1994, LB 647, § 2;
R.S.1943, (1994), § 79-4002;
Laws 1996, LB 900, § 789;
Laws 1997, LB 347, § 35;
Laws 1998, LB 1229, § 7.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1108 - Learners with high ability; identification and programs.

79-1108.
Learners with high ability; identification and programs.
Each school district shall identify learners with high ability and may provide accelerated or differentiated curriculum programs that will address the educational needs of the identified students at levels appropriate for the abilities of those students. The accelerated or differentiated curriculum programs shall meet the standards of quality established by the department. Educational service units may identify learners with high ability and provide accelerated or differentiated curriculum programs for school districts.
Source
Laws 1994, LB 647, § 3;
R.S.1943, (1994), § 79-4003;
Laws 1996, LB 900, § 790;
Laws 1998, LB 1229, § 8;
Laws 2011, LB333, § 14.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1108.01 - Learners with high ability; school districts; duties.

79-1108.01.
Learners with high ability; school districts; duties.
School districts shall annually provide the department with a copy of their criteria for identifying learners with high ability, the number of students identified according to the criteria, and the number of students participating in an approved accelerated or differentiated curriculum program. School districts shall also have a list of the students identified and how the students compare to the criteria available for inspection by department personnel.
Source
Laws 1998, LB 1229, § 9.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1108.02 - Learners with high ability; curriculum programs; funding.

79-1108.02.
Learners with high ability; curriculum programs; funding.
(1) The department shall distribute funds appropriated for purposes of this section to local systems as defined in section 79-1003 annually on or before October 15. The funds distributed pursuant to this section shall be distributed based on a pro rata share of the eligible costs submitted in grant applications.
(2) Local systems may apply to the department for base funds and matching funds pursuant to this section to be spent on approved accelerated or differentiated curriculum programs. Each eligible local system shall receive one-tenth of one percent of the appropriation as base funds plus a pro rata share of the remainder of the appropriation based on identified students participating in an accelerated or differentiated curriculum program, up to ten percent of the prior year's fall membership as defined in section 79-1003, as matching funds. Eligible local systems shall:
(a) Provide an approved accelerated or differentiated curriculum program for students identified as learners with high ability;
(b) Provide funds from other sources for the approved accelerated or differentiated curriculum program greater than or equal to fifty percent of the matching funds received pursuant to this subsection;
(c) Provide an accounting of the funds received pursuant to this section, funds required by subdivision (b) of this subsection, and the total cost of the program on or before August 1 of the year following the receipt of funds in a manner prescribed by the department, not to exceed one report per year; and
(d) Provide data regarding the academic progress of students participating in the accelerated or differentiated curriculum program in a manner prescribed by the department, not to exceed one report per year.
If a local system will not be providing the necessary matching funds pursuant to subdivision (b) of this subsection, the local system shall request a reduction in the amount received pursuant to this subsection such that the local system will be in compliance with such subdivision. Local systems not complying with the requirements of this subsection shall not be eligible local systems in the following year.
Source
Laws 1998, LB 1229, § 10;
Laws 2011, LB333, § 15;
Laws 2017, LB512, § 19;
Laws 2018, LB377, § 82.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1108.03 - Learners with high ability; rules and regulations.

79-1108.03.
Learners with high ability; rules and regulations.
The State Board of Education shall adopt and promulgate rules and regulations to implement sections 79-1105 to 79-1108.03, including criteria for the approval of accelerated or differentiated curriculum programs and data requirements for measuring academic progress of students participating in the accelerated or differentiated curriculum programs.
Source
Laws 1998, LB 1229, § 11.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1110 - Act, how cited.

79-1110.
Act, how cited.
Sections 79-1110 to 79-1167 shall be known and may be cited as the Special Education Act.
Source
Laws 1987, LB 367, § 1;
Laws 1989, LB 487, § 14;
Laws 1993, LB 520, § 22;
Laws 1995, LB 742, § 4;
R.S.Supp.,1995, § 79-3301;
Laws 1996, LB 900, § 792;
Laws 1997, LB 346, § 9;
Laws 1997, LB 865, § 3;
Laws 1998, Spec. Sess., LB 1, § 46;
Laws 1999, LB 813, § 36;
Laws 2000, LB 1135, § 23;
Laws 2009, LB549, § 39;
Laws 2010, LB1087, § 2;
Laws 2019, LB675, § 12.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1111 - Legislative intent.

79-1111.
Legislative intent.
It is the intent of the Legislature that all children in the State of Nebraska, regardless of physical or mental capacity, are entitled to a meaningful educational program.
Source
Laws 1987, LB 367, § 2;
R.S.1943, (1994), § 79-3302;
Laws 1996, LB 900, § 793.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1113 - Definitions, where found.

79-1113.
Definitions, where found.
For purposes of the Special Education Act, unless the context otherwise requires, the definitions found in sections 79-1114 to 79-1125.01 shall be used.
Source
Laws 1987, LB 367, § 3;
Laws 1993, LB 520, § 23;
R.S.1943, (1994), § 79-3303;
Laws 1996, LB 900, § 795;
Laws 1997, LB 865, § 4;
Laws 1999, LB 813, § 37;
Laws 2010, LB1087, § 3;
Laws 2019, LB675, § 13.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1114 - Adjusted average per pupil cost of the preceding year, defined.

79-1114.
Adjusted average per pupil cost of the preceding year, defined.
Adjusted average per pupil cost of the preceding year means the amount computed by dividing the total instructional expenditure, excluding special education expenditures, by the preceding year's average daily membership as reported in the annual financial report. The costs of sectarian instruction shall not be included in determining the adjusted average per pupil cost of the preceding year, and the computation shall be subject to an audit by appropriate state agencies.
Source
Laws 1987, LB 367, § 4;
Laws 1991, LB 511, § 67;
Laws 1992, LB 245, § 72;
R.S.1943, (1994), § 79-3304;
Laws 1996, LB 900, § 796.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1115 - Allowable costs, defined.

79-1115.
Allowable costs, defined.
Allowable costs means salaries, wages, benefits, any medical expenditure by a school district for purposes of providing individualized education plan services for a special education student and health protection to the provider of the services, and maintenance, supplies, travel, and other expenses essential to carry out the provisions for special education and support services.
Source
Laws 1987, LB 367, § 5;
R.S.1943, (1994), § 79-3305;
Laws 1996, LB 900, § 797;
Laws 1997, LB 865, § 5;
Laws 2000, LB 1243, § 5;
Laws 2019, LB675, § 14.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1115.01 - Assistive technology device, defined.

79-1115.01.
Assistive technology device, defined.
Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf or modified or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
Source
Laws 1997, LB 865, § 6;
Laws 2019, LB675, § 15.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1116 - Average per pupil cost of the service agency, defined.

79-1116.
Average per pupil cost of the service agency, defined.
Average per pupil cost of the service agency means the amount computed by dividing the total operating expenditure of the preceding year, excluding the cost of sectarian instruction, of the service agency by its preceding year's average daily membership.
Source
Laws 1987, LB 367, § 6;
R.S.1943, (1994), § 79-3306;
Laws 1996, LB 900, § 798;
Laws 1997, LB 346, § 10.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1117 - Child with a disability, defined.

79-1117.
Child with a disability, defined.
Child with a disability means any person having a disability listed in section 79-1118.01 that has been verified pursuant to sections 79-1137 to 79-1139 from the date of such verification until he or she is twenty-one years of age or, if his or her twenty-first birthday occurs during a school year, until the end of such school year.
Source
Laws 1993, LB 520, § 24;
R.S.1943, (1994), § 79-3306.01;
Laws 1996, LB 900, § 799;
Laws 1997, LB 346, § 11;
Laws 2019, LB675, § 16.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1119 - Excess cost, defined.

79-1119.
Excess cost, defined.
Excess cost means the difference between the total cost of the special education program excluding residential care minus federal medicaid funds received pursuant to section 43-2511 for services to school-age children excluding amounts designated as reimbursement for costs associated with the implementation and administration of the billing system pursuant to section 43-2511 and minus the product of the number of students in the special education program multiplied by the adjusted average per pupil cost of the preceding year for the school district of residence of each child.
Source
Laws 1987, LB 367, § 8;
R.S.1943, (1994), § 79-3308;
Laws 1996, LB 900, § 801;
Laws 2014, LB276, § 6;
Laws 2019, LB675, § 18.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1119.01 - Interim-program school, defined.

79-1119.01.
Interim-program school, defined.
Interim-program school means a school approved by the State Board of Education and located in or operated by (1) a county detention home established under section 43-2,110, (2) a juvenile emergency shelter, or (3) any institution which is a public or private facility, not owned or operated by a school district, which provides a residential program and regular educational or special education services approved by the State Department of Education.
Source
Laws 2010, LB1087, § 4;
Laws 2019, LB675, § 19.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1121 - Related services, defined.

79-1121.
Related services, defined.
Related services means transportation services and such developmental, corrective, and other supportive services, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, and medical and counseling services, as may be required to assist a child with a disability to benefit from special education and includes the early identification and assessment of disabilities in children. Medical services shall be for diagnostic and evaluation purposes only.
Source
Laws 1987, LB 367, § 10;
R.S.1943, (1994), § 79-3310;
Laws 1996, LB 900, § 803;
Laws 1997, LB 346, § 13.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1122 - Residential care, defined.

79-1122.
Residential care, defined.
Residential care means food and lodging and any other related expenses which are not a part of the education program, but residential care does not include expenditures for medical or dental services. Expenditures for medical and dental services shall be the responsibility of the parent or legal guardian.
Source
Laws 1987, LB 367, § 13;
R.S.1943, (1994), § 79-3312;
Laws 1996, LB 900, § 804.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1124 - Service agency, defined.

79-1124.
Service agency, defined.
Service agency means the school district, educational service unit, local or regional office of intellectual disability, interim-program school, or some combination thereof or such other agency as may provide a special education program approved by the State Department of Education, including an institution not wholly owned or controlled by the state or any political subdivision to the extent that it provides educational or other services for the benefit of a child with a disability if such services are nonsectarian in nature.
Source
Laws 1987, LB 367, § 14;
R.S.1943, (1994), § 79-3313;
Laws 1996, LB 900, § 806;
Laws 1997, LB 346, § 14;
Laws 2010, LB1087, § 5;
Laws 2013, LB23, § 46;
Laws 2019, LB675, § 20.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1125 - Special education, defined.

79-1125.
Special education, defined.
Special education means specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. Special education includes speech-language pathology, occupational therapy, and physical therapy if the speech-language pathology or occupational or physical therapy consists of specially designed instruction, at no cost to the parents or guardians, to meet the unique needs of a child with a disability.
Source
Laws 1987, LB 367, § 11;
R.S.1943, (1994), § 79-3314;
Laws 1996, LB 900, § 807;
Laws 1997, LB 346, § 15;
Laws 2001, LB 797, § 43.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1125.01 - Support services, defined.

79-1125.01.
Support services, defined.
Support services means preventive services for a student that is not identified or verified pursuant to sections 79-1118.01, 79-1138, and 79-1139 but demonstrates a need for specially designed assistance in order to benefit from the school district's general education curriculum and to avoid the need for potentially expensive special education placement and services. Support services include the educational services provided to a child pursuant to subdivision (10)(c) of section 79-215 by an interim-program school or an approved or accredited school maintained by a residential setting if such child has not been identified or verified as a child with a disability pursuant to sections 79-1118.01 and 79-1138 but demonstrates a need for specially designed assistance by residing in a residential setting described in subdivision (10)(a) of section 79-215.
Source
Laws 1995, LB 742, § 3;
R.S.Supp.,1995, § 79-348;
Laws 1996, LB 900, § 867;
Laws 1997, LB 346, § 49;
Laws 1998, Spec. Sess., LB 1, § 49;
R.S.Supp.,1998, § 79-1185;
Laws 1999, LB 813, § 51;
Laws 2000, LB 1243, § 6;
Laws 2010, LB1087, § 6;
Laws 2019, LB675, § 21.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1126 - Act; to whom applicable; Division of Vocational Rehabilitation; duties.

79-1126.
Act; to whom applicable; Division of Vocational Rehabilitation; duties.
The Special Education Act applies to a child with a disability until the child no longer meets the definition of a child with a disability. The Division of Vocational Rehabilitation of the department shall, in compliance with federal guidelines, assume responsibility for the training of those individuals whose education or training under the Special Education Act is terminated and for whom additional supportive services are required.
Source
Laws 1973, LB 403, § 6;
Laws 1976, LB 761, § 8;
Laws 1978, LB 889, § 1;
R.S.1943, (1984), § 43-646;
Laws 1987, LB 367, § 15;
Laws 1990, LB 1090, § 40;
R.S.1943, (1994), § 79-3315;
Laws 1996, LB 900, § 808;
Laws 1997, LB 346, § 16;
Laws 2019, LB675, § 22.
Annotations
The age of twenty-one years is reached upon a person's twenty-first birthday, and, therefore, the term "to age twenty-one years" excludes any persons who have reached their twenty-first birthday. Monahan v. School Dist. No. 1, 229 Neb. 139, 425 N.W.2d 624 (1988).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1127 - Special education; school board; duties.

79-1127.
Special education; school board; duties.
The school board of every school district shall provide or contract for special education programs and transportation for all resident children with disabilities who would benefit from such programs in accordance with the Special Education Act and all applicable requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as such sections existed on January 1, 2019, and the regulations adopted thereunder.
Source
Laws 1973, LB 403, § 1;
Laws 1986, LB 1093, § 2;
R.S.Supp.,1986, § 43-641;
Laws 1987, LB 367, § 20;
R.S.1943, (1994), § 79-3320;
Laws 1996, LB 900, § 809;
Laws 1997, LB 346, § 17;
Laws 2009, LB549, § 40;
Laws 2019, LB675, § 23.
Cross References
Option students, how treated, see section 79-235.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1128 - Use of funds; failure to offer acceptable program; effect.

79-1128.
Use of funds; failure to offer acceptable program; effect.
Any program receiving funds under the Special Education Act shall not use such funds to match state funds under the provisions of other programs. The members of the school board of any school district not offering continuous special education programs acceptable to the State Board of Education shall be in violation of the law. No state funds shall be paid to any school district as long as such violation exists, but no deduction shall be made from any funds required by the Constitution of Nebraska to be paid to such district.
Source
Laws 1973, LB 403, § 2;
Laws 1974, LB 863, § 5;
Laws 1976, LB 761, § 5;
Laws 1977, LB 443, § 1;
R.S.1943, (1984), § 43-642;
Laws 1987, LB 367, § 21;
R.S.1943, (1994), § 79-3321;
Laws 1996, LB 900, § 810;
Laws 1997, LB 346, § 18;
Laws 1999, LB 813, § 39;
Laws 2013, LB23, § 47;
Laws 2019, LB675, § 24.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1130 - Transportation services; legislative intent; department; duties; cooperative arrangement.

79-1130.
Transportation services; legislative intent; department; duties; cooperative arrangement.
(1) It is the intent of the Legislature that transportation services for children with disabilities prescribed in section 79-1129 shall be provided in the most cost-efficient manner consistent with the goal of providing free appropriate special education to all such children. The Legislature finds that educational service units and special education cooperatives created by school districts and recognized by the department are in a unique position to improve the coordination and efficiency of transportation services in all areas of the state. It is the intent of the Legislature to authorize and encourage school districts, educational service units, and special education cooperatives to jointly plan, coordinate, and, where feasible, provide transportation services for children with disabilities. The department shall review and approve, approve with modifications, or disapprove all transportation applications to ensure the implementation of the most cost-efficient transportation system, consistent with the goal of providing free appropriate special education to all children.
(2) School districts, educational service units, and special education cooperatives created by school districts and recognized by the department are authorized to jointly plan, coordinate, and, where feasible, provide special education transportation services prescribed in section 79-1129. Any educational service unit or special education cooperative may enter into a cooperative arrangement with a school board for the provision of such transportation services. Such arrangement shall be approved by the department, and upon approval of the arrangement the educational service unit or special education cooperative providing the transportation services shall be eligible to receive direct reimbursement for such services pursuant to section 79-1144.
Source
Laws 1986, LB 942, § 4;
R.S.Supp.,1986, § 43-607.02;
Laws 1987, LB 367, § 23;
R.S.1943, (1994), § 79-3323;
Laws 1996, LB 900, § 812;
Laws 1997, LB 346, § 20;
Laws 2019, LB675, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1131 - Education programs; children with disabilities who are less than five years of age; voluntary.

79-1131.
Education programs; children with disabilities who are less than five years of age; voluntary.
Participation in or attendance at programs by children with disabilities who are less than five years of age shall be voluntary as specified by the parent or guardian. Programs serving children with disabilities who are less than three years of age shall, to the greatest extent possible, be based upon providing parent training in the home environment.
Source
Laws 1976, LB 761, § 10;
Laws 1978, LB 889, § 2;
R.S.1943, (1984), § 43-646.01;
Laws 1987, LB 367, § 24;
R.S.1943, (1994), § 79-3324;
Laws 1996, LB 900, § 813;
Laws 1997, LB 346, § 21.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1132 - Special education programs; children less than five years of age; department provide grants.

79-1132.
Special education programs; children less than five years of age; department provide grants.
The department shall provide grants for the costs of the special education programs approved by the department to the school district of residence for children with disabilities who are less than five years of age.
Source
Laws 1978, LB 889, § 3;
Laws 1980, LB 765, § 1;
Laws 1986, LB 942, § 8;
R.S.Supp.,1986, § 43-646.02;
Laws 1987, LB 367, § 25;
Laws 1995, LB 742, § 5;
R.S.Supp.,1995, § 79-3325;
Laws 1996, LB 900, § 814;
Laws 1997, LB 346, § 22;
Laws 1998, Spec. Sess., LB 1, § 47;
Laws 2001, LB 797, § 44;
Laws 2019, LB675, § 27.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1133 - Special education programs; student less than five years of age; school district; amount paid to service agency; determination.

79-1133.
Special education programs; student less than five years of age; school district; amount paid to service agency; determination.
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 less than five years of age, who is a resident of the district, and who 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 1978, LB 889, § 4;
R.S.1943, (1984), § 43-646.03;
Laws 1987, LB 367, § 26;
R.S.1943, (1994), § 79-3326;
Laws 1996, LB 900, § 815;
Laws 1996, LB 1044, § 821;
Laws 1997, LB 346, § 23.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1135 - Children with disabilities who are less than five years of age; regional plan of services; school district; participation; supplementary amendments.

79-1135.
Children with disabilities who are less than five years of age; regional plan of services; school district; participation; supplementary amendments.
Each school district shall demonstrate participation in a plan of services for children with disabilities who are less than five years of age. Such plans shall be prepared on a regional basis as determined by the department and updated annually.
The content of plans shall be prescribed by the department.
Supplementary amendments to any program plans may be submitted on dates specified by the department during the same school year and shall be subject to the same review as the initial plans.
Source
Laws 1978, LB 889, § 9;
Laws 1986, LB 942, § 9;
R.S.Supp.,1986, § 43-646.08;
Laws 1987, LB 367, § 28;
R.S.1943, (1994), § 79-3328;
Laws 1996, LB 900, § 817;
Laws 1997, LB 346, § 25;
Laws 1999, LB 813, § 40;
Laws 2003, LB 67, § 24;
Laws 2019, LB675, § 28.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1136 - Sections, how construed.

79-1136.
Sections, how construed.
Sections 79-1131 to 79-1136 do not prevent funding from sources other than the public schools for the program for children with disabilities who are less than five years of age.
Source
Laws 1978, LB 889, § 10;
R.S.1943, (1984), § 43-646.09;
Laws 1987, LB 367, § 29;
R.S.1943, (1994), § 79-3329;
Laws 1996, LB 900, § 818;
Laws 1997, LB 346, § 26;
Laws 2019, LB675, § 29.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-1137 - Legislative findings and intent.

79-1137.
Legislative findings and intent.
The Legislature finds and declares that there is a need to establish a process and criteria to assess, identify, and verify children who may require special education. Research-based criteria and a rational process for the assessment of children who may require special education will lead to greater equity, consistency, and efficiency in the identification of and the provision of services to such children. It is the intent of the Legislature that all children who require special education services shall be identified and verified pursuant to such criteria and process.
Source
Laws 1986, LB 942, § 1;
R.S.Supp.,1986, § 43-605;
Laws 1987, LB 367, § 16;
R.S.1943, (1994), § 79-3316;
Laws 1996, LB 900, § 819;
Laws 1997, LB 346, § 27.