reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-005 - Early Childhood Interagency Planning Region Teams

Current through June 17, 2024
005.01 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 by each planning region
				established pursuant to
Neb. Rev. Stat.
79-1135 and be
				updated annually and shall address:
005.01A
				Gaps and barriers in service delivery;
005.01B Child Find;
005.01C Training and technical
				assistance;
005.01D Parent
				involvement; and
005.01E
				Resources.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-006 - Identification, Referral and Eligibility Determination of Infants and Toddlers with Disabilities

Current through June 17, 2024
006.01 School districts and approved
				cooperatives, as part of the child find system, must ensure that all infants
				and toddlers with disabilities within the district or approved cooperative who
				are eligible for early intervention services are identified, located and
				evaluated, including:
006.01A Indian infants
				and toddlers with disabilities residing on a reservation geographically located
				in the State (including coordination, as necessary, with tribes, tribal
				organization, and consortia);
006.01B Infants and toddlers with
				disabilities who are homeless, in foster care and wards of the State;
				and
006.01C Infants and toddlers
				with disabilities who are the subjects of substantiated cases of child abuse or
				neglect, or are identified as directly affected by illegal substance abuse or
				withdrawal symptoms resulting from prenatal drug exposure.
006.01D Referral Procedures
006.01D1 School districts and approved
				cooperatives shall refer a child under the age of three to the agency
				responsible for providing services coordination in the Planning Region as soon
				as possible but in no case later than seven (7) days after becoming aware that
				the child may be eligible for early intervention services.
006.01D2 A child under the age of three who
				is the subject of a substantiated case of child abuse or neglect; or is
				identified as directly affected by illegal substance abuse or withdrawal
				symptoms resulting from prenatal drug exposure must be referred to the Early
				Intervention Program (the agency responsible for providing services
				coordination in the Planning Region).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-007 - Individual Family Service Plan (IFSP)

Current through June 17, 2024
007.01 For each infant or toddler with a
				disability, the school district or approved cooperative shall participate in
				the development, review, and implementation of an Individualized Family Service
				Plan (IFSP) developed by a multidisciplinary team, which includes the
				parent.
007.02 Procedure for IFSP
				development, review and evaluation
007.02A
				For a child referred for early intervention services and determined to be
				eligible as an infant or toddler with a disability, the school district or
				approved cooperative shall participate in a meeting to develop the initial IFSP
				within the 45 calendar day time period described in 92 NAC 52-006.02.
007.02B The school district or
				approved cooperative shall participate in a review of the IFSP for a child and
				the child's family every six months, or more frequently if conditions warrant,
				or if the family requests such a review. The purpose of the periodic review is
				to determine: the degree to which progress toward achieving the results or
				outcomes identified in the IFSP is being made; and whether modification or
				revision of the results, outcomes, or early intervention services identified in
				the IFSP is necessary.
007.02C The
				school district or approved cooperative shall participate on at least an annual
				basis in the meeting to evaluate and revise, as appropriate, the IFSP for a
				child and the child's family. The results of any current evaluations and other
				information available from the assessments of the child and family conducted
				under 92 NAC
				52-006 shall be used by the school
				district or approved cooperative in determining the FAPE early intervention
				services that are appropriate and will be provided.
007.02D The school district or approved
				cooperative shall ensure that all IFSP meetings and reviews are conducted in
				the native language of the family or other mode of communication used by the
				family, unless it is clearly not feasible to do so.
007.02E The school district or approved
				cooperative shall provide each FAPE early intervention service as soon as
				possible but in no case later than 30 days after the parent provides consent
				for that service. The school district or approved cooperative is not
				responsible for providing early intervention services that are not FAPE early
				intervention services.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-008 - Transition to Preschool and Other Programs for Infants and Toddlers Below Age Three

Current through June 17, 2024
008.01 Transition Planning
008.01A Pursuant to 480 NAC 10, if a toddler
				with a disability may be eligible for preschool services under 92 NAC 51, the
				services coordinator, with the approval of the family of the toddler, convenes
				a conference, among the family, and the school district or approved cooperative
				not fewer than 90 days, and, at the discretion of all parties, not more than 9
				months, before the toddler's third birthday to discuss any services the
				toddlers may receive under 92 NAC 51; and
008.01B If the school district or approved
				cooperative determines that a toddler with a disability is not potentially
				eligible for services under Part B of IDEA, the services coordinator, pursuant
				to 480 NAC 10 with the approval of the family of that toddler, makes reasonable
				efforts to convene a conference among the family, and providers of other
				appropriate services for the toddler to discuss appropriate services that the
				toddler may receive.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-009 - Procedural Safeguards

Current through June 17, 2024
009.01 Confidentiality and Notice to Parents
009.01A The school district or approved
				cooperative must ensure that the parents of a child referred for early
				intervention services are afforded the right to confidentiality of personally
				identifiable information, including the right to written notice of, and written
				consent to, the exchange of that information among agencies, consistent with
				Federal and State laws.
009.01B
				The parents of infants or toddlers who are referred to, or receive early
				intervention services, are afforded the opportunity to inspect and review all
				early intervention records about the child and the child's family that are
				collected, maintained, or used under 92 NAC 52, including records related to
				evaluations and assessments, screening, eligibility determinations, development
				and implementation of IFSPs, provision of FAPE early intervention services,
				individual complaints involving the child, or any part of the child's early
				intervention record under 92 NAC 52.
009.01B1
				The confidentiality procedures described in 92 NAC 52-009.01B apply to the
				personally identifiable information of a child and the child's family that:
009.01B1a Is contained in early intervention
				records collected, used, or maintained by the school district or approved
				cooperative; and
009.01B1b Applies
				from the point in time when the child is referred for early intervention
				services under 92 NAC 52 until the later of when the participating agency is no
				longer required to maintain or no longer maintains that information under
				applicable Federal and State laws.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-010 - Qualifications of Early Intervention Personnel for Program Approval and Reimbursement

Current through June 17, 2024
010.01 School districts and approved
				cooperatives that provide FAPE early intervention services shall ensure that
				all personnel necessary to carry out the school district's or approved
				cooperative's responsibilities under 92 NAC 52 are appropriately and adequately
				prepared and trained as required by 92 NAC
				51-010, including those personnel that
				have content knowledge and skills to serve infants and toddlers with
				disabilities.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-011 - Use of Funds for FAPE early intervention services

Current through June 17, 2024
011.01 General Information
011.01A Pursuant to the provision of 92 NAC
				51-011, IDEA Part B funds are
				available to provide FAPE services to infants and toddlers with verified
				disabilities from date of diagnosis until August 31 following their third
				birthday.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-012 - Transportation for Infants and Toddlers with Disabilities and Families

Current through June 17, 2024
012.01 Responsibility for Transportation
012.01A The school district shall provide
				transportation and related costs that are necessary to enable an infant or
				toddler with a disability to receive FAPE early intervention services pursuant
				to
Neb. Rev. Stat.
79-1129 by:
012.01A1 Paying a parent for transporting his
				or her infant and toddler for actual miles traveled and claimed; or
012.01A2 Operating vehicles for the purpose
				of transporting infants and toddlers with disabilities; and
012.01A3 Contracting for transportation
				services for infants and toddlers with disabilities; or
012.01A4 Purchasing services from a common
				carrier; or
012.01A5 Arranging for
				such other transportation as is proper and necessary to transport infants and
				toddlers with disabilities.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-002 - Prohibitions against ex parte communications

Current through June 17, 2024
002.01 Prohibitions; when applicable
The prohibitions found in this section shall apply beginning
				  at the time notice for hearing is given.
002.02 Prohibitions; to whom applicable
002.02A. Parties and public. No party in a
				special education contested case or other person outside the Department having
				an interest in the special education contested case shall make or knowingly
				cause to be made an ex parte communication to the hearing officer.
002.02B. Persons in decisionmaking roles. No
				hearing officer shall make or knowingly cause to be made an ex parte
				communication to any party in a special education contested case or other
				person outside the Department having an interest in the special education
				contested case.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-003 - Intervention in a special education contested case

Current through June 17, 2024
003.01 Intervention in a special education
				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 at least five (5) 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 arising under the Nebraska Special
				Education Act or the Individuals With Disabilities Education Act 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 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 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-004 - Commencement of a special education contested case

Current through June 17, 2024
004.01 A parent or local educational agency
				shall request a hearing by filing a petition under this Chapter within two (2)
				years of the date the parent or agency knew or should have known about the
				alleged action that forms the basis of the petition.
004.02 The timeline described in subsection
				004.01 shall not apply to a parent if the parent was prevented from requesting
				the hearing due to:
004.02A. specific
				misrepresentations by the local educational agency that it had resolved the
				problem form the basis of the petition, or
004.02B. the local educational agency's
				withholding or information from parent that was required under this chapter to
				be provided to the parent.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-005 - Hearing officer; criteria

Current through June 17, 2024
005.01 The Department shall assign to a
				hearing officer the functions of conducting a prehearing conference and/or a
				hearing and rendering a final decision and order. Hearing officers assigned by
				the Department shall have exclusive original jurisdiction over cases arising
				under
Neb. Rev. Stat.
§
									79-1152
				and §§
									79-1162
				to 1167, and juvenile courts shall not in any event have jurisdiction over such
				matters.
005.02 A person may serve
				as hearing officer at successive stages of the same special education contested
				case.
005.03 The hearing officer
				shall not be a person who is an employee or officer of a state or local public
				agency which is involved in the education or care of the child on whose behalf
				the hearing is being held. A person who otherwise qualifies to conduct a
				special education contested case hearing is not an employee of the agency
				solely because the person is paid by the agency to serve as a hearing
				officer.
005.04 No hearing officer
				shall participate in any way in any hearing or matter in which the hearing
				officer may have a conflict of interest including any personal or professional
				interest that would conflict with his or her objectivity in the
				hearing.
005.05 Hearing officers
				shall possess knowledge of, and the ability to understand, the provisions of
				the Individuals with Disabilities Education Act (
				20 U.S.C.
				1400 to
				1487 )and regulations
				pertaining to this Act and the Nebraska Special Education Act (
Neb.
				Rev. Stat.
§§
									79-1110
				to
				79-1184 ) and
				regulations pertaining to this Act, and legal interpretations of these Acts by
				federal and state courts;
005.06
				Hearing officers shall possess the knowledge and ability to conduct hearings in
				accordance with appropriate, standard legal practice; and
005.07 Hearing officers shall possess the
				knowledge and ability to render and write decisions in accordance with
				appropriate, standard legal practice.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-006 - Prehearing Procedures

Current through June 17, 2024
006.01 Prehearing conferences and orders
A hearing officer designated to conduct a hearing may
				  determine whether a prehearing conference will be conducted. 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.
006.01A. If a prehearing
				conference is conducted:
006.01A1. The hearing
				officer 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 and shall give notice to other persons
				entitled to notice.
006.01A2. The
				notice referred to in subsection
				006.01A1 shall
				include the following:
006.01A2(a) The names
				and mailing addresses of all parties and other persons to whom notice is being
				given by the hearing officer;
006.01A2(b) The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
006.01A2(c) A
				statement of the time, place, and nature of the prehearing
				conference;
006.01A2(d) A statement
				of the legal authority and jurisdiction under which the prehearing conference
				and the hearing are to be held;
006.01A2(e) The name, official title, mailing
				address, and telephone number of the hearing officer for the prehearing
				conference;
006.01A2(f) A statement
				that a party who fails to attend or participate in a prehearing conference,
				hearing, or other stage of a special education 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 unless otherwise precluded by
				law; and
006.01A2(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 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-007 - Conducting a special education contested case hearing

Current through June 17, 2024
007.01 Order
At the discretion of the hearing officer, the hearing may be
				  conducted in the following order:
007.01A. The hearing is called to order by
				the hearing officer. Any preliminary motions, stipulations or agreed orders are
				entertained.
007.01B. The party
				requesting the due process hearing shall not be allowed to raise issues at the
				due process hearing that were not raised in the petition filed under Section
				004, unless the other party agreed otherwise.
007.01C. Each party may be permitted to make
				an opening statement. Opening statements take place in the same order as the
				presentation of evidence.
007.01D.
				Presentation of evidence.
007.01D1. Evidence
				will be received in the following order:
007.01D1(a) Evidence is presented by the
				petitioner;
007.01D1(b) Evidence is
				presented by the respondent;
007.01D1(c) Rebuttal evidence is presented by
				the petitioner; and
007.01D1(d)
				Surrebuttal evidence is presented by the respondent.
007.01D2. With regard to each witness who
				testifies, the following examination may be conducted:
007.01D2(a) Direct examination conducted by
				the party who calls the witness;
007.01D2(b) Cross-examination by the opposing
				party;
007.01D2(c) Redirect
				examination by the party who called the witness; and,
007.01D2(d) Recross-examination by the
				opposing party.
007.01E. After the evidence is presented,
				each party may have 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 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-008 - Decision and order in a special education contested case

Current through June 17, 2024
008.01 Every decision and order adverse to a
				party to the proceeding, rendered by the hearing officer in a special education
				contested case, shall be in writing or stated in the record and shall be
				accompanied by a jurisdictional statement and by findings of fact and
				conclusions of law.
008.02 Subject
				to subsection 008.03, a decision made by a hearing officer shall be made on
				substantive grounds based on a determination of whether the child received a
				free appropriate public education.
008.03 In matters alleging a procedural
				violation, a hearing officer may find that a child did not receive a free
				appropriate public education only if the procedural inadequacies:
008.03A. Impeded the child's right to a free
				appropriate public education;
008.03B. Significantly impeded the parents'
				opportunity to participate in the decisionmaking process regarding the
				provision of a free appropriate public education to the parents' child;
				or
008.03C. Caused a deprivation of
				educational benefit.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-001 - General Information

Current through June 17, 2024
001.01
Statutory Authority
. This Chapter is adopted pursuant
				to Neb. Rev. Stat. §§
									79-318 and
				79-3108.
001.02
Scope
. This
				Chapter governs the issuance security-related infrastructure grants authorized
				pursuant to Neb. Rev. Stat. §
									79-3108.
001.03
Related
				Regulations
. In addition to the requirements of this Chapter, the
				funds of public school districts and educational service units are also
				governed by regulations contained in Title 92 Nebraska Administrative Code
				(NAC), Chapter 2, dealing with the Uniform System of Accounting; 92 NAC 8,
				dealing with School Finance & Budgeting/State Funding of Educational
				Service Units and Learning Communities, and 92 NAC 61, dealing with contested
				cases before the State Board of Education.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-002 - Definitions

Current through June 17, 2024
002.01
Aggregate
				Percent
means the number of students in the specified category
				divided by the total number of students for all schools based on formula
				students for the most recent certification of aid pursuant to the Tax Equity
				and Educational Opportunities Support Act for school districts or based on data
				from the most recently completed school year for nonpublic schools.
002.02
Assisted
				School
means any school belonging to a school district that
				receives a grant pursuant to this Chapter or any nonpublic school that has
				entered into a contract for security-related infrastructure with an educational
				service unit that receives a grant pursuant to this Chapter based on the
				contract.
002.03
Commissioner
means the State Commissioner of
				Education.
002.04
Contract for Security-Related Infrastructure
means a
				contract between an educational service unit and a nonpublic school located
				within the boundaries of the educational service unit in which the educational
				service unit receives consideration from the nonpublic school in exchange for
				assistance from the educational service unit related to a security-related
				infrastructure project benefitting the students of the nonpublic
				school.
002.05
Department
means the State Department of
				Education.
002.06
Nonpublic School
means a nonpublic school approved
				pursuant to 92 NAC 14 (Rule 14) or accredited pursuant to 92 NAC 10 (Rule 10)
				by the State Board of Education.
002.07
Proposal
means a request made to the Department for grant funding pursuant to this
				Chapter.
002.08
Qualifying Project
means the purchase, installation,
				or improvement of:
002.08A Surveillance
				equipment;
002.08B Door locking
				systems;
002.08C Double-entry doors
				for a school building;
002.08D
				Visitor management systems;
002.08E
				Ground lighting;
002.08F Safety
				film for glass in exterior doors and sidelights;
002.08G Hand-held radios to aid in communication during school
				situations;
002.08H Notification
				systems;
002.08I Control devices to
				restrict access to areas as needed for security purposes.
002.08J Screening devices;
002.08K Fencing to secure
				playgrounds;
002.08L Automatic
				external defibrillators;
002.08M
				Bleeding control kits; or
002.08N
				Other physical security equipment or security-related
				technology.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-003 - Qualifications

Current through June 17, 2024
003.01
School
				Districts
. Any school district may apply for a grant pursuant to
				this Chapter on behalf of all schools belonging to the school
				district.
003.02
Educational Service Units
. An educational service unit
				that has entered into a contract for security-related infrastructure with a
				nonpublic school may apply for a grant to support the contract. The contract
				must outline the terms, conditions, expectations, and procedures for both
				parties that ensure grant funding received pursuant to this Chapter is used for
				the purposes stated in the grant proposal. Procedures included in the contract
				may include documentation requirements, deadlines, and other guidelines. An
				education service unit will submit a separate proposal for each nonpublic
				school for which the educational service unit has entered into a contract for
				security-related infrastructure and each such proposal will be evaluated by the
				panel independent of other proposals submitted by the same educational service
				unit.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-005 - Awarding of the Grants

Current through June 17, 2024
005.01
Scoring Panel
. The Commissioner will select nine
				individuals knowledgeable in school safety and security to serve on the scoring
				panel. The scoring panel will evaluate and score each proposal using a rubric
				developed by the panel and based on the requirements of the grant program. The
				panel will use the scores to determine which proposals meet the minimum
				qualification to make recommendations for the awarding of competitive grant
				amounts to the Commissioner.
005.02
Distribution of Award Amounts
. Each proposal that
				meets the minimum qualifications will result in a base grant award of $2,000
				for each school. The remainder of the available funds after the awarding of
				base grants will be awarded on a competitive basis.
005.03
Final
				Determination
. The Commissioner will make the final determinations
				on the awarding of the grants based on the recommendations of the scoring panel
				and the requirements of Neb. Rev. Stat. §
									79-3108 and this
				Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-006 - Grant Funds

Current through June 17, 2024
006.01
Special Grant Funds
. Any grant funds awarded pursuant
				to this Chapter to a school district will be considered special grant funds
				and, therefore may be excluded from the general fund budget of expenditures
				pursuant to Neb. Rev. Stat. §
									79-1003(20)  and
				from the calculation of budget authority pursuant to Neb. Rev. Stat. §
									79-1028.01(1)(m).
006.02
Use of Funds
.
				Any grant funds awarded pursuant to this Chapter must be used for the purposes
				stated in the grant proposal or be returned to the Department.
006.03
Duration of
				Funding
. Any grant funds awarded pursuant to this Chapter must be
				obligated within one year of the date the funds were received by the school
				district or educational service unit or be returned to the
				Department.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-007 - Appeals

Current through June 17, 2024
007.01
Commissioner
				Review
. A school district or educational service unit that submits
				a proposal pursuant to this Chapter that is aggrieved by any decision of the
				Department in regard to its proposal may request in writing a review by the
				Commissioner of Education within fifteen (15) calendar days of its receipt of
				the Department's decision on the proposal. The Commissioner shall review the
				claim together with all other materials submitted in the applicant's proposal,
				the requirements of this Chapter, and state law. The Commissioner, within
				ninety (90) days of the Department's receipt of the claim, shall make a final
				written determination regarding the claim. A copy of the determination shall be
				mailed to the claimant, certified mail, return receipt requested.
007.02
Contested Case
				Hearing
. If the claimant disagrees with the Commissioner's final
				written determination, it may request a hearing on the determination within
				fifteen (15) days following receipt of the determination pursuant to 92 NAC 61
				(Rule 61).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 58 - REGULATIONS FOR SECURITY-RELATED INFRASTRUCTURE GRANTS › Section 92-58-008 - Reports

Current through June 17, 2024
008.01
Reporting
				Requirement
. On or before December 1 of each calendar year that
				grants were issued pursuant to this Chapter, the Department will provide a
				report electronically to the Clerk of the Legislature. The report will not
				identify any particular school. The report will include, but not be limited to:
008.01A The total number of assisted
				schools;
008.01B The number of
				public assisted schools and the number of nonpublic assisted schools;
008.01D The number of assisted schools in
				each grade configuration;
008.01E
				The average amount of grant funds received by schools broken down by student
				population size ranges determined by the Department to avoid identifying any
				schools;
008.01F The number of
				schools in each of the student population size ranges used in subdivision
				008.01E of this
				Chapter;
008.01G The number of
				schools in each geographic location as defined by the boundaries of the State
				Board of Education;
008.01H How the
				grant funds were used; and
008.01I
				The number of schools that were denied grant funding and the reasons
				why.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-001 - General Provisions

Current through June 17, 2024
001.01
Statutory Authority
. This Chapter is adopted pursuant
				to Neb. Rev. Stat. §§
									25-21,280,
				79-305,
				79-318, and
				79-1102 to
				79-1104, the Medication Aide Act
				in Neb. Rev. Stat. §§
									71-6718 through
				71-6742, and the Seizure Safe
				Schools Act in Neb. Rev. Stat. §g 79-3201 to 79-3207.
001.02
Medication Aide Act
				Requirements
. Sections 003, 004 and 005 of this Chapter set forth
				the methods for competency assessment for school staff who provide medications
				and/or participate in observing and reporting for monitoring medications. In
				order for school staff members to provide medication as mentioned above, the
				staff members must be able to successfully pass a competency assessment no less
				than every three (3) years as provided in such sections.
001.02A Nothing in this Chapter may be
				construed to require any school to employ or use a school nurse or medication
				aide to be in compliance with the Medication Aide Act.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-003 - Medication Aide Act - Provision of Medication

Current through June 17, 2024
003.01 A
				staff member of a school may participate in medication administration, when
				directed and monitored by a recipient with capability and capacity to make an
				informed decision about medications, caretaker, or health care professional, by
				providing medications in compliance with the Medication Aide Act and rules and
				regulations adopted and promulgated under the Act, including this Chapter and
				Title 172, Nebraska Administrative Code. Chapter 95. In each case, the
				individual responsible for providing direction and monitoring must be
				identified in writing and indication that such individual has accepted such
				responsibility must also be identified in writing.
003.02 A staff member of a school may provide
				routine medications by the following routes:
003.02A Oral, which includes any medication
				given by mouth, including sublingual (placing under the tongue) and buccal
				(placing between the cheek and gum) routes and oral sprays;
003.02B Inhalation, which includes inhalers
				and nebulizers. Oxygen may be given by inhalation;
003.02C Topical application of sprays,
				creams, ointments, and lotions and transdermal patches; and
003.02D Instillation by drops, ointments, and
				sprays into the eyes, ears, and nose.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-004 - Medication Aide Act - competency Assessment

Current through June 17, 2024
004.01
Competencies
. In order for a school to assess the
				competency of staff members to provide medication, the staff members of the
				school must be able to successfully pass a competency assessment no less than
				every three (3) years. Such competency assessments will consist of a
				demonstration by the school staff member of each of the minimum competency
				standards set forth in Title 172, Nebraska Administrative Code, Chapter 95,
				Section 004, to the satisfaction of the health care professional designated by
				the school to conduct the assessments.
004.02 School staff members will not be
				required to take a course, or be listed on the Medication Aide Registry in
				order to meet the requirements of this Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-005 - Medication Aide Act - Documentation

Current through June 17, 2024
005.01 Health care
				professionals designated by the school to conduct competency assessments, as
				described in Section 004 of this Chapter, must provide the school staff member
				and the school with written documentation of successful completion of
				competency assessment. Documentation may be by letter, certificate, or other
				official record designated by the school and must include:
005.01A The name of the school staff member
				who successfully completed the competency assessment;
005.01B The date the competency assessment
				was conducted; and
005.01C The
				name, profession, and license number of the health care professional who
				conducted the competency assessment.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-006 - Emergency Response to Life Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis)

Current through June 17, 2024
006.01
Emergency Protocol
. All accredited schools, approved
				schools, and approved early childhood education programs must adopt and
				implement the Emergency Response to Life-Threatening Asthma or Systemic
				Allergic Reactions (Anaphylaxis) Protocol contained in Appendix A of this
				Chapter. In addition to adopting the protocol, accredited schools, approved
				schools, and approved early childhood education programs must procure and
				maintain the equipment and medication necessary to implement the protocol in
				each school building while school is in session in the case of any student
				and/or school staff emergency.
006.02
Prescribing Health Care
				Practitioner
. Accredited schools, approved schools, and approved
				early childhood education programs must obtain a minimum of one signature of a
				prescribing health care practitioner on the bottom of the protocol and orders
				in Appendix A of this Chapter. The orders shall serve as a prescription for
				emergency use as described in Neb. Rev. Stat. §
									71-2475.
006.03 Parental and/or Guardian Objections to
				Protocol. The requirements of this Chapter do not preclude accredited schools,
				approved schools, and approved early childhood education programs from
				complying with a request from a parent or guardian that a minor student not
				receive emergency treatment under the protocol. A school district's decision to
				withhold emergency treatment in such circumstances is not governed by this
				Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-007 - Seizure Safe Schools Act - General Requirements

Current through June 17, 2024
007.01 Prior to the administration of a
				seizure rescue medication or medication prescribed to treat seizure disorder
				symptoms by a school employee, a student's parent or guardian must:
007.01A Provide the school with a written
				authorization to administer the medication at school;
007.01B Provide a written statement from the
				student's health care practitioner containing the following information:
007.01B1 The student's name;
007.01B2 The name and purpose of the
				medication;
007.01B3 The prescribed
				dosage;
007.01B4 The route of
				administration;
007.01B5 The
				frequency that the medication may be administered; and
007.01B6 The circumstances under which the
				medication may be administered;
007.01C Provide the medication to the school
				in its unopened, sealed package with the intact label affixed by the dispensing
				pharmacy; and
007.01D Collaborate
				with school employees to create a seizure action plan pursuant to Section 008
				of this Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-008 - Seizure Safe Schools Act - Seizure Action Plans

Current through June 17, 2024
008.01 Any certificated school employee
				employed by an accredited school or an approved school who is informed by a
				parent or guardian of a student that such student has a seizure disorder and
				has a seizure rescue medication or medication prescribed to treat seizure
				disorder symptoms must inform the parent or guardian of their right to request
				the development of a seizure action plan.
008.02 Upon request by a parent or guardian
				of a student that has a seizure disorder and has a seizure rescue medication or
				medication prescribed to treat seizure disorder symptoms, an accredited school
				or an approved school must arrange a collaborative meeting within five school
				days between the parent or guardian, the school nurse if the school employs a
				school nurse, a school administrator, and any school personnel or volunteers
				responsible for the supervision or care of the student who are able to attend.
				The parent or guardian may request the inclusion in such meeting of any other
				person, including the student, who has knowledge that may be beneficial in the
				development of the seizure action plan.
008.03 Each seizure action plan must include:
008.03A The student's name and birth
				date;
008.03B The name and phone
				number of each parent or guardian and any additional emergency
				contacts;
008.03C The name and phone
				number for the medical provider prescribing seizure rescue medication or
				medication to treat seizure disorder symptoms;
008.03D Information about the seizure type,
				length, and frequency of seizures the student has experienced and a description
				of what happens;
008.03E
				Information about seizure triggers, important medical history, allergies, and
				any other relevant health information;
008.03F Instructions for first aid for any
				seizure;
008.03G Instructions for
				when to call 911 and when to call the identified medical provider;
008.03H Instructions for when seizure rescue
				medication or medication to treat seizure disorder symptoms may be needed and
				how to administer the medication;
008.03I Instructions for care after a
				seizure;
008.03J Any special
				instructions for first responders or emergency departments; and
008.03K The signature of a parent or guardian
				and the date when the seizure action plan was signed.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-009 - Seizure Safe Schools Act - Training Requirements

Current through June 17, 2024
009.01 In addition to any other professional
				development and collegial planning activities for certificated school
				employees, each certificated school employee employed by an accredited school
				or an approved school must participate in a minimum of one hour of self-study
				review of seizure disorder materials at least once in every two school
				years.
009.02 If an accredited
				school or approved school has a student enrolled who has a seizure disorder and
				has a seizure rescue medication or medication prescribed to treat seizure
				disorder symptoms, the school must have at least one school employee who has
				met the training requirements necessary to administer or assist with the
				self-administration of a seizure rescue medication or medication prescribed to
				treat seizure disorder symptoms.
009.03 Any school employee assigned the
				duties under subsection
				007.02 of this Chapter must complete a
				training program that:
009.03A Includes
				instruction in administering seizure medications, recognizing the signs and
				symptoms of seizures, and responding to such signs and symptoms with the
				appropriate steps; and
009.03B Is
				consistent with training programs and guidelines developed by a nationally
				recognized organization focused on epilepsy.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY › Section 92-59-010 - Enforcement

Current through June 17, 2024
010.01 A school will be subject to discipline
				under Title 92, Nebraska Administrative Code, Chapter 10 or Chapter 14 for
				violation of the Medication Aide Act or Sections 002 through 005 in this
				Chapter, or provisions in Title 172, Nebraska Administrative Code, Chapter
				95.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-001 - General

Current through June 17, 2024
001.01 Application of Rules
Pursuant to Neb. Rev. Stat. §
										84-909.01,
				  the Attorney General shall promulgate model rules of procedure appropriate for
				  use by as many agencies as possible. For rules of procedure adopted on or after
				  August 1, 1994, each agency shall adopt as many of the model rules as is
				  practicable under the circumstances. Agencies may adopt regulations which vary
				  from the model rules; however, any agency adopting a rule of procedure that
				  differs from the model rule shall include in the agency's explanatory statement
				  the reasons why the relevant portions of the Attorney General's model rules are
				  impracticable under the circumstances. This chapter is based upon the Attorney
				  General's model rules.
001.02 Definitions
The following definitions shall apply as used throughout
				  Chapter 61 of these rules and regulations
00102A Board shall mean the State Board of Education
00102B Commissioner shall mean the State Commissioner of
				  Education
00102C Contested case shall mean a proceeding before the
				  Board in which the legal rights, duties, or privileges of specific parties are
				  required by law or constitutional right to be determined after a Board
				  hearing
00102D Ex parte communication shall mean an oral or written
				  communication which is not on the record in a contested case with respect to
				  which reasonable notice to all parties was not given Ex parte communication
				  shall not include:
00102D1 Communications which do not pertain to the merits of
				  a contested case;
00102D2 Communications required for the disposition of ex
				  parte matters as authorized by law;
00102D3 Communications in a ratemaking or rulemaking
				  proceeding; and
00102D4 Communications to which all parties have given
				  consent
00102E Hearing officer shall mean the person or persons
				  conducting a hearing, contested case, or other proceeding pursuant to the
				  Administrative Procedure Act, whether designated as the presiding officer,
				  administrative law judge, or some other title designation
00102F Party means the person by or against whom a contested
				  case is brought or a person allowed to intervene in a contested case The
				  Commissioner may be a party
00102G Petition means the initial document filed by or with
				  the Board that sets forth a claim and request for Board action