reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-003 - Intervention in a contested case

Current through June 17, 2024
003.01 Intervention in a contested case shall
				be allowed when the following requirements are met:
003.01A A petition for intervention must be
				submitted in writing to the hearing officer or designee at least five days
				before the hearing. Copies must be mailed by the petitioner for intervention to
				all parties named in the hearing officer's notice of the hearing;
003.01B The petition must state facts
				demonstrating that the petitioner's legal rights, duties, privileges,
				immunities, or other legal interests may be substantially affected by the
				proceeding or that the petitioner qualifies as an intervenor under any
				provision of law; and
003.01C The
				hearing officer or designee must determine that the interests of justice and
				the orderly and prompt conduct of the proceedings will not be impaired by
				allowing the intervention.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-004 - Commencement of a contested case

Current through June 17, 2024
004.01 When an individual with a disability,
				who is an applicant for, or recipient of, Vocational Rehabilitation services,
				is dissatisfied with a written determination made by Vocational Rehabilitation
				personnel, they may obtain a review of the determination by filing a petition
				within thirty (30) calendar days from the date they received the written
				determination.
004.02 The contested
				case begins with the filing of a petition and request for hearing with the
				Director at his or her official office, at the Nebraska Department of
				Education, 301 Centennial Mall South, 6th Floor, Lincoln, Nebraska 68509-4987.
				Filing may be accomplished by personal delivery or mail and will be received
				during regular office hours of the Department, which are 8:00 a.m. to 5:00
				p.m., Central Time, Monday through Friday, except state holidays. The petition
				is the initial document filed with the Director that sets forth a claim and
				request for action by the Department.
004.03 A party to a contested case shall be
				the person by or against whom a contested case is brought or a person allowed
				to intervene in a contested case.
004.04 A party may appear on his or her own
				behalf in a contested case proceeding or may be represented by an attorney or
				other representative as permitted by law.
004.05 The pleadings in a contested case may
				include a petition, answer, reply, notice, motion, stipulation, objection or
				order or other formal written document filed in a proceeding before the
				Department. Any pleading filed in a contested case shall meet the following
				requirements:
004.05A The pleading shall
				contain a heading specifying the name of the Department and the title or nature
				of the pleading, shall state material factual allegations and state concisely
				the action the Department is being requested to take, shall contain the name
				and address of the petitioner, and shall be signed by the party filing the
				pleading, or when represented by an attorney, the signature of that attorney. A
				sample petition is contained in Appendix A.
004.05A1 Attorneys shall also include their
				address, telephone number and bar number.
004.05A2 The initial petition shall also
				contain the name and address of the respondent and shall include as an
				attachment a copy of the written determination with which the petitioner is
				dissatisfied. The petition may be filed on an optional form provided in
				Appendix A.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-005 - Hearing officer; criteria

Current through June 17, 2024
005.01 The Director shall appoint a hearing
				officer selected pursuant to 006. to conduct a prehearing conference and/or a
				hearing and submit a decision to the Director and the parties.
005.02 A person who has served as
				investigator, prosecutor, mediator or advocate in a contested case or in its
				prehearing stage may not serve as hearing officer or assist or advise a hearing
				officer in the same proceeding.
005.03 A person who is subject to the
				authority, direction, or discretion of one who has served as investigator,
				prosecutor, or advocate in a contested case or in its prehearing stage may not
				serve as hearing officer or advise a hearing officer in the same
				proceeding.
005.04 A person who is
				an employee of a public agency (other than an administrative law judge, hearing
				examiner, or employee of an institution of higher education) may not serve as a
				hearing officer.
005.04A A person shall not be
				considered to be an employee of a public agency solely because the person is
				paid by the agency to serve as a hearing officer.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-006 - Selection of Hearing Officer

Current through June 17, 2024
006.01 The hearing officer shall be selected
				by the Director to hear a particular case either:
006.01A On a random basis, or
006.01B By agreement between:
006.01B1 The Director and the individual with
				a disability who is the subject of the hearing; or
006.01B2 In an appropriate case, the Director
				and the authorized representative who may include a parent, a family member, a
				guardian, an advocate, or an authorized representative, of the
				individual.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-007 - Prehearing Procedures

Current through June 17, 2024
007.01 Prehearing conferences and orders
A hearing officer designated to conduct a hearing may hold a
				  prehearing conference at the request of either party or on his or her own
				  order. If a prehearing conference is not held, a hearing officer for the
				  hearing may issue a prehearing order, based on the pleadings, to regulate the
				  conduct of the proceedings.
007.01A If
				a prehearing conference is conducted:
007.01A1
				The hearing officer shall promptly notify the Director and the parties of the
				determination that a prehearing conference will be conducted. The Director may
				assign another hearing officer for the prehearing conference or the initial
				hearing officer may hold the pre-hearing conference; and
007.01A2 The hearing officer for the
				prehearing conference shall set the time and place of the conference and give
				reasonable written notice to all parties and to all persons who have filed
				written petitions to intervene in the matter. The Director shall give notice to
				other persons entitled to notice.
007.01A3 The notice referred to in subsection
				007.01A2 shall
				include the following:
007.01A3(a) The names
				and mailing addresses of all parties and other persons to whom notice is being
				given by the hearing officer;
007.01A3(b) The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
007.01A3(c) A
				statement of the time, place, and nature of the prehearing
				conference;
007.01A3(d) A statement
				of the legal authority and jurisdiction under which the prehearing conference
				and the hearing are to be held;
007.01A3(e) The name, official title, mailing
				address, and telephone number of the hearing officer for the prehearing
				conference;
007.01A3(f) A statement
				that a party who fails to attend or participate in a prehearing conference,
				hearing, or other stage of a contested case or who fails to make a good faith
				effort to comply with a prehearing order may be held in default under the
				Administrative Procedure Act; and
007.01A3(g) Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-008 - Conducting a contested case hearing

Current through June 17, 2024
008.01 Burden of Proof
The Petitioner shall have the burden of proving that the
				  written determination made by Vocational Rehabilitation cited in the petition
				  was arbitrary or capricious or that the determination violates fundamental
				  constitutional rights of the Petitioner. At the discretion of the hearing
				  officer, the hearing may be conducted in the following order:
008.01A The hearing is called to order by the
				hearing officer. Any preliminary motions, stipulations or agreed orders are
				entertained.
008.01B Each party may
				be permitted to make an opening statement. Opening statements take place in the
				same order as the presentation of evidence.
008.01C Presentation of evidence.
008.01C1 Evidence will be received in the
				following order:
008.01C1(a) Evidence is
				presented by the petitioner;
008.01C1(b) Evidence is presented by the
				respondent;
008.01C1(c) Rebuttal
				evidence is presented by the petitioner; and
008.01C1(d) Surrebuttal evidence is presented
				by the respondent.
008.01C2 With regard to each witness who
				testifies, the following examination may be conducted:
008.01C2(a) . Direct examination conducted by
				the party who calls the witness;
008.01C2(b) Cross-examination by the opposing
				party;
008.01C2(c) Redirect
				examination by the party who called the witness; and
008.01C2(d) Recross-examination by the
				opposing party.
008.01D After the evidence is presented, each
				party may have the opportunity to make a closing argument. Closing arguments
				shall be made in the same order as the presentation of evidence. The hearing
				officer may request that the parties submit briefs in lieu of closing
				arguments.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-009 - Decision and order in a contested case

Current through June 17, 2024
009.01 Every decision and order rendered by
				the hearing officer in a contested case shall be in writing or stated in the
				record and shall be accompanied by findings of fact and conclusions of
				law.
009.02 The decision and order
				of the hearing officer should include:
009.02A The name of the hearing officer and
				name of the proceeding;
009.02B The
				time and place of the hearing;
009.02C The names of all parties or their
				attorneys who entered an appearance at the hearing;
009.02D The findings of fact consisting of a
				concise statement of the conclusions upon each contested issue of
				fact;
009.02E The conclusions of
				law consisting of the applications of the controlling law to the facts found
				and the legal results arising therefrom; and
009.02F The order consisting of the action to
				be taken by the Department as a result of the facts found and the legal
				conclusions arising therefrom.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-010 - Appeals

Current through June 17, 2024
010.01 Any person aggrieved by a final
				decision in a contested case is entitled to judicial review under the
				Administrative Procedure Act or to resort to such other means of review as may
				be provided by law.
010.02 Parties
				desiring to appeal a Department decision must file a petition for review in the
				district court of the county where the Department action is taken within thirty
				(30) days after the service of the final decision by the Department. The thirty
				(30) day period for appeal commences to run from the date of mailing of the
				notice of order and decision to the parties or their attorneys of record.
				Service of the petition and summons must be made in accordance with Nebraska
				law.
010.03 Unless otherwise
				provided by statute, the procedures of
Neb. Rev. Stat
.
				§
									84-917
				govern the procedure for taking an appeal.
010.04 Decisions rendered under this Chapter
				are not appealable to the Commissioner of Education or State Board of Education
				under 92 NAC 61.
010.05 If any
				person appeals the final decision of the hearing officer, the final decision
				involved shall be implemented pending review by the court.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-002 - Definitions

Current through June 17, 2024
Terms used in this Chapter not defined below have meaning as
				  defined in the laws and regulations of the Rehabilitation Act.
002.01 Applicant
Applicant shall mean an individual who has completed, signed,
				  and submitted an application form to participate in the program. If
				  appropriate, the applicant may have a parent, family member, guardian,
				  advocate, or other authorized representative sign the application.
002.02 Comparable services and
				benefits
Comparable services and benefits shall mean services and
				  benefits, including accommodations and auxiliary aids and services, that
				  are:
002.02A. Provided or paid for, in
				whole or in part, by other federal, state, or local public agencies, by health
				insurance, or by employee benefits;
002.02B. Available to the recipient at the
				time needed to ensure the progress of the recipient toward achieving the
				employment outcome in their Individualized Plans for Employment; and,
002.02C. Commensurate to the services that
				the recipient would otherwise receive from the program. The professional
				licensing, staff qualifications and experience of other federal, state, or
				local public agencies will not be factors used to determine whether services or
				benefits are to be considered commensurate.
002.02D. For the purposes of this definition,
				comparable services and benefits do not include awards and scholarships based
				on merit.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-003 - Comparable Services and Benefits

Current through June 17, 2024
003.01 Program services and funds may
				supplement, but not supplant, those services and benefits available to a
				recipient and his or her family from any outside agency or entity. If
				comparable services and benefits are currently available and ready for
				immediate use, they must be used to meet, in whole or part, the cost of program
				services.
003.02 If any public
				entity other than the program is obligated under Federal or State law, or
				assigned responsibility under State policy, to provide or pay for any services
				that are also considered to be vocational rehabilitation services, then program
				funds cannot be used to provide or pay for such services. If the program
				provides or pays for services that a responsible public entity fails to provide
				or pay for, the program may claim reimbursement for the services from the
				public entity that failed to provide or pay for the services.
003.03 Applicants for and recipients of
				services must apply for and accept any existing comparable service or benefit.
				Program funds cannot be used to replace comparable services and benefits a
				recipient is eligible for, but refuses to apply for or accept.
003.04 The requirement to determine the
				availability of comparable services and benefits does not apply if this would
				interrupt or delay:
003.04A The provision of
				program services to any recipient who is at "extreme medical risk." Extreme
				medical risk is a probability of substantially increasing functional impairment
				or death if medical services are not provided expeditiously. The determination
				of extreme medical risk is based upon medical evidence provided by an
				appropriate licensed medical professional; or,
003.04B. An immediate job
				placement.
003.04C. The progress of
				recipient for more than thirty (30) days toward achieving the employment
				outcome on the recipient's approved Individualized Plan for
				Employment.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-004 - Services, Goods, and Supports Procurement

Current through June 17, 2024
004.01 Least Cost Alternative
Considering all available alternatives, including those
				  services which can be provided directly by program staff without additional
				  cost to the program, the program will procure the least expensive, comparable
				  services, goods and supports which meet the recipient's needs.
004.02 Informed Choice
Consistent with the principle of informed choice, recipients
				  may choose those services, goods, and supports, service providers, and
				  procurement methods which, in their judgment, best meet their needs. However,
				  in determining the amount of program financial assistance, the program will use
				  the least cost alternative and the recipient must take the responsibility to
				  pay for the excess costs incurred.
004.03 Cost Estimates
004.03A. For cash advance, one cost estimate
				must be obtained for services, goods, and supports that are not subject to an
				established fee or specified amount stipulated in Appendix B costing $1, 999.99
				or less. The cost estimate must be documented in the case service record. A
				cost estimate may be obtained by comparison shopping, use of governmental or
				educational price lists, catalogs, advertisements, internet, or by
				telephone.
004.03B. Two (2)
				documented estimates must be obtained for services, goods, and supports that
				are not subject to an established fee or specified amount stipulated in
				Appendix B costing between $2,000 and $4, 999.99. Cost estimates must be
				obtained by comparison shopping, use of governmental or educational price
				lists, catalogs, or advertisements, internet, or by telephone. A cost estimate
				from a single provider may be used if a necessary service, good, or support is
				available only from a single source or distributor. Cost Estimates must be
				documented by the program in the case service record.
004.03C. Written cost estimates must be
				obtained from at least three (3) providers for any services, goods, and
				supports that are not subject to an established fee or specific amount
				stipulated in Appendix B, costing $5,000 or more. A written cost estimate from
				a single provider may be used if a needed service, good, or support is
				available only from a single source or distributor. Written cost estimates must
				be retained in the case service record.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-005 - Equipment

Current through June 17, 2024
005.01 The program shall retain a vested
				interest in any items of equipment in which its share of the current market
				value is $5,000 or more.
005.01A. If a
				recipient sells an item of equipment in which the program has a vested
				interest, the program has a right to its share of the current market value or
				the proceeds from sale.
005.01B.
				The program uses a straight line, 20% per year depreciation schedule to
				determine the current market value of its share. When the program share of the
				current market value is less than $5,000, the vested interest is
				relinquished.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-008 - Vehicles

Current through June 17, 2024
008.01 Vehicle Repair
008.01A. Purpose. Vehicle repairs are only
				completed on a vehicle when essential to enable the recipient to achieve their
				employment outcome.
008.01B. Repair
				Requirements. Repairs are limited to a vehicle that:
008.01B1. Will be in good mechanical
				condition upon completion of the necessary repairs. If necessary this is
				determined by consultation with a qualified mechanic familiar with the
				vehicle;
008.01B2. Is licensed and
				titled in the name of the recipient, his or her spouse, or his or her parent or
				guardian and for which there is current full liability insurance coverage;
				and
008.01B3. Whose operator has a
				current valid driver's license to operate a vehicle in the State of
				Nebraska.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-009 - Self Employment and Establishing A Small Business Operation

Current through June 17, 2024
009.01 Intent of self employment services
Services that may be provided when necessary to achieve an
				  employment outcome of self-employment or establishing a small business
				  operation are strictly limited to start-up business ventures in which the
				  recipient will own a minimum of 51%.
009.02 Program financial assistance is
				available for the following services
009.02A.
				Technical assistance and other consultation services to conduct market
				analyses, develop business plans, and in addition to program resources, to
				secure resources from sources other than the program for the establishment and
				operation of the small business enterprise.
009.02B. Expansion of a Business. Any request
				for expansion of an existing business must be approved by the Program staff
				designated by the Director. Approval will be based on whether expansion of the
				existing business is required to enable the recipient to earn a living wage. If
				approved, the limitations and requirements in Sections
				009.02D, 009.03
				and 009.04 of this Chapter will apply.
009.02C. Maintaining an existing business.
				Program financial assistance is available for assistive technology, adaptive
				devices, specialized equipment, and/or job site modifications which compensate
				for limitations resulting from a disability and assist the individual to
				maintain their self employment.
009.02D. New Business Start-up Expenses.
				Expenses related to starting a new business include the following and are
				limited to an establishment period not to exceed six (6) months.
009.02D1. Occupational licenses, franchise
				fees, and business permits including those required by any unit of state or
				local government.
009.02D2. Tools
				and equipment.
009.02D3. Stocks and
				supplies.
009.02D4. Operating costs
				such as rent, utilities, business liability insurance and
				advertising.
009.02D5. Vehicle
				acquisition.
009.02D6. Professional
				technical support including, but not limited to, legal and accounting
				services.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-010 - Vocational Training

Current through June 17, 2024
010.01 Purpose
Vocational training services enable individuals with
				  disabilities to acquire the qualifications required for employment in their
				  agreed-on employment goals. Vocational training is an appropriate service when
				  it will enable the recipient to acquire necessary qualifications to enter
				  employment in the trade, occupation, or profession that is the employment goal,
				  and when it (alone or in combination with other vocational rehabilitation
				  services) will resolve the recipient's impediments to employment. Employment
				  qualifications include those academic requirements necessary to meet state or
				  local registration, certification, or licensing requirements to practice the
				  trade, occupation, or profession. Qualifications for employment or hire in the
				  specific employment outcome in the recipient's approved Individualized Plan for
				  Employment determine the type and level of vocational training required.
010.02 Vocational Training Defined
As used in this section, vocational training
				  includes:
010.02A. Post-secondary
				training occurring in institutions of higher education for which Federal
				student financial aid is available, including universities, colleges, community
				colleges, vocational schools, technical institutes, or hospital schools of
				nursing and allied health professions. Post-secondary training results in the
				award of an associate, bachelor's, master's, or doctoral degree.
010.02B. Miscellaneous training includes
				basic academic or literacy training, or other work and/or disability related
				skill building training including skill building through post secondary courses
				or programs for which federal student financial aid is not available.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 72 - VOCATIONAL REHABILITATION SERVICES › Section 92-72-011 - Increased Living Costs

Current through June 17, 2024
011.01 Assistance for increased living costs
				is a limited tool for program use when the circumstances of participating in a
				vocational rehabilitation service causes additional costs to the recipient for
				food, shelter, clothing, or other subsistence items.
011.02 Assistance for increased living costs
				may be provided when participation in an assessment of eligibility and
				rehabilitation needs or while receiving a planned program service results in an
				increased cost to the recipient for food, clothing, shelter, or other
				subsistence items that exceeds his or her current subsistence expenses,
				including the costs of uniforms or other suitable clothing required for a
				recipient's training, job seeking, or job placement activities. The increase in
				living costs must be tied to other services being provided, and is strictly
				limited to the additional living expenses a recipient incurs while
				participating in program services, not everyday living expenses.
011.03 Assistance for increased living costs
				may be provided for room and board expenses while in training (including
				dormitory fees), and for subsistence expenses incurred during relocation,
				including required initial one-time costs, such as a security deposit or
				utility initiation charges.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 81 - RULES AND REGULATIONS FOR THE HIGH SCHOOL EQUIVALENCY PROGRAM › Section 92-81-001 - General Provisions

Current through June 17, 2024
001.01 Statutory Authority
The State Board of Education is authorized to adopt
				  reasonable rules and regulations for the administration of the High School
				  Equivalency Program pursuant to Sections
				  79-730
				  through
				  79-733
				  of the
Revised Statutes of Nebraska
(R.R.S.). The
				  decision of the State Board of Education with reference to the eligibility of
				  an applicant for a diploma of high school equivalency shall be final.
001.02 Implementation Date
Regardless of the effective date of the approval of this
				  chapter, the implementation date will be January 1, 2014.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 81 - RULES AND REGULATIONS FOR THE HIGH SCHOOL EQUIVALENCY PROGRAM › Section 92-81-002 - Definition of Terms As used in this chapter

Current through June 17, 2024
002.01 Approved Tests
Approved Tests shall mean the General Educational Development
				  Tests as prepared and furnished by GED® Testing Service.
002.02 Diploma
Diploma shall mean a certificate or document signifying the
				  successful acquisition of competencies specified as equivalent to the
				  educational development and abilities of the typical high school
				  graduate.
002.03 GED®
GED® shall mean General Educational Development.
002.04 Official GED®. Testing
				Centers
Official GED® Testing Centers are those public secondary
				  and post secondary institutions located throughout the State of Nebraska which
				  are authorized by the Commissioner of Education to administer the GED®
				  examination.
002.05
				Reasonable certainty
Reasonable certainty, with respect to the achievement of
				  educational development abilities shall mean a standard score commensurate with
				  those standard scores which would be attained by the typical high school
				  graduate or as established by the Commissioner of Education.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 81 - RULES AND REGULATIONS FOR THE HIGH SCHOOL EQUIVALENCY PROGRAM › Section 92-81-003 - Eligibility Criteria for Diploma Recipients

Current through June 17, 2024
003.01 The Commissioner of Education has the
				authority to issue a High School Equivalency Diploma conveying all the
				significance and privilege of a regular high school diploma to any person who
				is not a high school graduate and who meets the following requirements:
003.01A The applicant must have been a
				resident of Nebraska for at least thirty (30) days immediately preceding the
				date of application, or the final period of high school attendance during which
				credit was earned toward graduation was in a Nebraska high school. (Section
				79-730(1)
				 R.R.S.)
003.01B On the basis of achievement in
				approved tests and other criteria deemed pertinent by the Commissioner of
				Education, there is reasonable certainty that the applicant has attained the
				educational development and abilities of the typical high school graduate.
				(Section
				79-730(2)
				 R.R.S.)
003.01C The applicant must be at least
				eighteen years of age and is unable to secure a diploma from the last attended
				high school; or the class in which the applicant was enrolled at the time of
				withdrawal from school has been graduated for at least one (1) year. (Section
				79-730(3)
				 R.R.S.)
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 81 - RULES AND REGULATIONS FOR THE HIGH SCHOOL EQUIVALENCY PROGRAM › Section 92-81-004 - Application and Testing Procedures

Current through June 17, 2024
004.01 Application
004.01A Applicants must register online with
				GED® Testing Service.
004.01B
				Verification of age for persons 18 years of age and older.
004.01B1 The GED® Examiner will verify
				the applicant's age by a valid official state driver's license, photo bearing
				identification card or passport.
004.01C An applicant, under the age of 18,
				must:
004.01C1 Present a properly completed
				application to the Nebraska Department of Education (NDE) and a copy of his/her
				transcript of credits from the last high school attended indicating the date of
				withdrawal from school and for all applicants who were required by Section
				79-202(1)
				 R.R.S. to have a signed withdrawal form or
				notarized release form prior to withdrawing before graduation, a copy of such
				form. Upon receipt at NDE of above items and approval, referral to an adult
				education program will be made to the applicant.
004.01C2 Present a valid official state
				driver's license, photo bearing identification card or passport to the GED®
				Examiner before testing takes place.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 81 - RULES AND REGULATIONS FOR THE HIGH SCHOOL EQUIVALENCY PROGRAM › Section 92-81-005 - Issuance of the Diploma

Current through June 17, 2024
005.01 The Commissioner of Education shall
				issue a High School Equivalency Diploma based upon the following requirements:
005.01A Minimum test scores: The minimum
				individual and battery passing scores are as determined by the GED® Testing
				Service and in effect at the time of taking the test. The individual and
				battery passing scores for the GED® tests can be viewed at Nebraska
				Department of Education's webpage:
http://www.education.ne.gov/ADED/index.html
and are also available from the Department.. Test scores are accepted as
				official only when reported directly by Official GED® Centers, the Defense
				Activity for Non-Traditional Education Support (DANTES), directors of Veterans
				Administration hospitals, or the GED® Testing Service.
005.01A1 Persons that took the GED
				examination prior to the effective date of this Chapter but on or after January
				1, 2014, who did not meet the minimum scores in effect under this Chapter at
				that time, but whose scores do meet the minimum scores described in Section
				005.01A, will be deemed to have met the minimum score requirements under this
				Chapter for purposes of issuance of the High School Equivalency
				Diploma.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 81 - RULES AND REGULATIONS FOR THE HIGH SCHOOL EQUIVALENCY PROGRAM › Section 92-81-006 - Testing Facilities

Current through June 17, 2024
006.01 A GED® Testing Center is
				established upon determination of need by the Commissioner of Education when
				the proposed site and its agency meet the requirements of the GED® Testing
				Service.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-001 - General Provision

Current through June 17, 2024
001.01 Statutory Authority
Section
				  79-2301
				  to
				  79-2308
				  of the Revised Statutes of Nebraska (R.R.S.) provides that the State Board of
				  Education may adopt and promulgate rules and regulations to carry out the
				  Diploma of High School Equivalency Assistance Act (Act).
001.02 Related Chapters
Title 92,
Nebraska Administrative
				  Code,
Chapter 81(92 NAC 81), contains regulations for the high
				  school equivalency program.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-002 - Diploma of High School Equivalency Assistance Act

Current through June 17, 2024
002.01 Purpose
The purpose of the Diploma of High School Equivalency
				  Assistance Act is to provide assistance to institutions which offer high school
				  equivalency programs in order to defray the costs associated with participation
				  in such programs.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-003 - Definitions

Current through June 17, 2024
For purposes of this Chapter:
003.03A
Adult Information
				Management System (AIMS)
means the student data system utilized by
				the Nebraska Department of Education in the administration of the Nebraska
				Adult Education program.
003.03B
Contact hours
means the hours of instruction or
				instructional activity. Instructional activity includes any program-sponsored
				activity designed to promote student learning in the program curriculum, such
				as classroom instruction, assessment, tutoring, distance education, or
				participation in a learning lab.
003.03C
Department
means the State Department of Education, which is comprised of the State Board
				of Education and the Commissioner of Education.
003.03D
Fiscal year
means a time period commencing on July 1 and ending on June 30 of the following
				year.
003.03E
High
				School Equivalency Program
means a program which is offered by an
				institution, or, for purposes of Section 007 of this Chapter offered by any
				entity other than an institution and provides participants with training and
				examinations for a diploma of high school equivalency.
003.03F
Initial Exam
means when the participant completes his/her first module of the test battery
				that is required to obtain the diploma of high school equivalency under Chapter
				81 of this Title.
003.03G
Institution
means a state agency, a school district as
				defined in Section
				79-101
				R.R.S., or a community college area as defined in Section
				85-1503
				R.R.S.
003.03H
Nebraska
				Adult Education Class
means instruction offered to individuals who
				at least 16 years of age and older, officially withdrawn from school, and who
				function at or below the 12th grade level.
003.03I
Participant, except as
				otherwise provided in Section
				003.03J
,
				means an individual over the age of 16 who has officially withdrawn from school
				and who has enrolled in a high school equivalency program at an institution and
				has attended a Nebraska Adult Education class a minimum of 12 contact
				hours.
003.03J
Participant not enrolled in the institution's high school
				equivalency program
means an individual over the age of 16 who has
				officially withdrawn from school and has completed the test battery required to
				obtain the diploma of high school equivalency under Chapter 81 of this
				Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-004 - Assistance to Institutions

Current through June 17, 2024
004.01 Legislative Intent
Section
				  79-2304(1)
				   R.R.S. states that it is the intent of the
				  Legislature to appropriate seven hundred fifty thousand dollars ($750, 000.00)
				  from the General Fund for fiscal years 2013-2014 and 2014-2015, and any amount
				  determined by the Legislature for any fiscal year thereafter, to the State
				  Department of Education. Such funds shall be used by the Department to provide
				  assistance to institutions that offer high school equivalency programs.
004.02 Provision of Assistance
Assistance shall be provided based on participation in an
				  institution's high school equivalency instructional and testing programs as
				  follows:
004.02A Each such institution
				shall receive one assistance payment for each participant who enrolled in its
				high school equivalency program in the most recently completed fiscal year.
004.02B Each such institution
				shall receive one assistance payment for each enrolled participant who took an
				initial examination for a diploma of high school equivalency in the most
				recently completed fiscal year; and
004.02C Each such institution shall receive
				one assistance payment for each participant not enrolled in the institution's
				high school equivalency program who took the examination for a diploma of high
				school equivalency in the most recently completed fiscal year.
004.02D An institution shall receive no
				additional assistance for any participant who failed his or her initial
				examination for a diploma of high school equivalency and requires additional
				training and testing.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-005 - Acquisition and Upgrade of Equipment and Software

Current through June 17, 2024
005.01 Using the funds allocated from the
				Education Innovation Fund pursuant to subdivision (4)(c)(ix) of Section
				9-812
				R.R.S., the State Department of Education shall provide each institution
				offering a high school equivalency program a one-time payment for the
				acquisition and upgrade of equipment and software necessary to administer
				examinations for diplomas of high school equivalency.
005.01A Payment will be made following claims
				electronically submitted to the Adult Education section, following Nebraska
				Adult Education instructions for completion of the "Report for Expenditures for
				Adult Education." Instructions are available on the Department Adult Education
				website.
005.01B Claims shall
				include copies of receipts, invoices or other similar documentation of the
				equipment and software purchased together with an explanation or description of
				its necessity for the institution in administering exams for diplomas of high
				school equivalency. An institution's claim must be received by the Department
				no later than May 31, 2015.
005.01C Payment by the Department to an
				institution under this section shall be the lesser of (a) an amount that is one
				equal share derived from dividing the amount available for distribution by the
				number of institutions that offer high school equivalency programs as of July
				1, 2013; or (b) the amount of the claim for necessary acquisition and upgrade
				of equipment and software submitted under subsection
				005.01B.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-006 - Reports

Current through June 17, 2024
Each institution receiving assistance pursuant to Section
				  79-2304
				  R.R.S. shall report annually to the State Department of Education.
006.01 Institutional Reports
Each participating institution shall file an annual report
				  with the Department for the Diploma of High School Equivalency Assistance Act
				  for any fiscal year in which the eligible institution receives funding
				  assistance. The annual report shall include information on the following for
				  the most recently completed fiscal year:
006.01A The number of diplomas of high school
				equivalency awarded pursuant to such high school equivalency program, as
				verified through GED® Testing Service;
006.01B The number of participants in the
				high school equivalency program who moved successfully through the continuum of
				literacy skill levels offered by the program, as verified through AIMS;
006.01C The number of participants
				completing the high school equivalency program who secured entry-level career
				path employment, as verified through AIMS;
006.01D The number of participants completing
				the high school equivalency program who went on to postsecondary education or
				additional career training, as verified through AIMS; and
006.01E The number of participants in the
				high school equivalency program who were Nebraska residents or enrolled in a
				postsecondary educational institution located in Nebraska, as verified through
				AIMS.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 82 - REGULATIONS GOVERNING THE DIPLOMA OF HIGH SCHOOL EQUIVALENCY ASSISTANCE ACT › Section 92-82-007 - High School Equivalency Grant Fund Assistance Payments

Current through June 17, 2024
007.01 The State Department of Education
				shall provide for grants to any entity offering a high school equivalency
				program, which entity is not an institution. Grants pursuant to this section
				shall be awarded to applicants which meet the requirements of Section
				79-2304
				R.R.S.
007.02 Grants to the
				entities will be provided to entities according to the criteria described for
				institutions in Sections 004.02 through 004.03 of this Chapter.
007.03 For an entity to be eligible for the
				award of a grant under this section, it shall provide participants with
				training and examinations for a diploma of high school equivalency.
007.04 Each entity receiving a payment shall
				file an annual report to the State Department of Education, as described in
				Section 006 of this Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 83 - PROCEDURES OF THE STATE COMMITTEE FOR THE REORGANIZATION OF SCHOOL DISTRICTS › Section 92-83-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
This Rule is adopted pursuant to 79-435 R.R.S. which states,
				  in part, that the State Board of Education shall adopt and promulgate rules and
				  regulations for the State Committee for the Reorganization of School Districts
				  to carry out its duties as provided in law.
001.02 Scope and Application of this Rule
This chapter provides the criteria and procedure to be used
				  by the State Committee for the Reorganization of School Districts in the review
				  and approval or disapproval of plans and petitions for changing school district
				  boundaries, and for unifications as provided by law.
001.03 Related Regulations
In addition to the requirements of this Rule, the following
				  regulations apply: Title 92 Nebraska Administrative Code (NAC), Chapter 8,
				  dealing with school financing and budgeting; and Title 92 NAC Chapter 10,
				  dealing with procedures for the accreditation of schools.
001.04 Filing of Petitions and Plans
All petitions and plans which must be filed with the State
				  Committee for the Reorganization of School Districts shall be filed in care of
				  the Commissioner of Education, Nebraska Department of Education, Nebraska State
				  Office Building, 6th Floor, 301 Centennial Mall
				  South, Lincoln, NE 68509-4987.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 83 - PROCEDURES OF THE STATE COMMITTEE FOR THE REORGANIZATION OF SCHOOL DISTRICTS › Section 92-83-004 - Unified Systems, Application for Approval

Current through June 17, 2024
004.01 Approval of Unification Agreements
Pursuant to Section
				  79-4,108
				  R.R.S., two or more Class II or III school districts may apply to the State
				  Committee for approval of a unification agreement.
004.01A Application Procedures:
004.01A1 The application shall contain a copy
				of the interlocal agreement signed by the president of each participating
				school board. The State Committee shall approve or disapprove applications for
				unification within forty days after receipt of the application.
004.01A2 If the application contains all
				statutory content requirements prescribed in Section
				005.01B of this
				Rule, and all school boards of the participating districts have approved the
				interlocal agreement, the State Committee shall approve the
				application.
004.01A3 Unification
				agreements shall be effective on June 1 following approval from the State
				Committee for status as a unified system or on the date specified in the
				interlocal agreement, except that the date shall be on or after June 1 and on
				or before September 1 for a specified year.