reglab/statecodes huggingface dataset:
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 92-83-005 - Mandatory Boundary Changes

Current through June 17, 2024
005.01 Land Not in a District
The State Committee will, upon notification by local, county
				  and state officials, dissolve and attach school districts to other school
				  districts when the following conditions occur:
005.01A When it comes to the attention of the
				county clerk that any territory located wholly within his or her county is not
				included in any organized district, he or she shall notify the State Committee.
				Within fifteen days after such notice, the State Committee shall set a date for
				a hearing on the question of the district or districts to which such territory
				should be attached and shall give fifteen days notice by certified or
				registered mail of the time and place of hearing to each legal voter residing
				in such territory and whose mailing address is known and also to the school
				board of each school district in the county adjacent to such territory. Notice
				of the hearing also shall be given by publication once each week for two weeks
				in a newspaper of general circulation in the county. Following such hearing,
				the State Committee shall notify the county clerk of the county or counties
				containing the district or districts to which such territory should be attached
				and the county clerk shall attach such territory.
005.01B If the State Committee cannot or does
				not agree on the district or districts to which the territory shall be
				attached, within sixty days after being notified by the county clerk, the
				matter shall be referred to the State Board of Education, which shall attach
				the territory after notice and hearing. Notice shall be given in the same
				manner as by the State Committee.
005.01C In determining the district or
				districts to which such territory shall be attached, consideration shall be
				given to the school facilities, transportation facilities, and distance
				children must travel to school.
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 › Appendix A - SAMPLE NEWSPAPER NOTICE FOR A HEARING ON A PETITION

Current through June 17, 2024
NOTICE OF A HEARING BEFORE THE STATE COMMITTEE FOR THE
				  REORGANIZATION OF SCHOOL DISTRICTS
Notice is hereby given that (name(s) of petitioning
				  district(s)) have filed a petition with the State Committee for the
				  Reorganization of School Districts. A hearing on this petition will be held at
				  (state time), on (state date), at (state full address of location).
The petition seeks to (describe the current and proposed
				  boundaries of all affected districts, or, if a petition for affiliation,
				  describe the proposed affiliation).
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
				  .
Copies of the petition are available for review at (state the
				  locations of the affected districts offices where the petition can be viewed)
				  and at the office of the Commissioner of Education in Lincoln, NE.
By:
(name and title of district official
				  responsible for notice)
.
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 › Appendix B - SAMPLE NEWSPAPER NOTICE FOR HEARING ON A PLAN OR PLANS

Current through June 17, 2024
NOTICE OF A HEARING BEFORE THE STATE COMMITTEE FOR THE
				  REORGANIZATION OF SCHOOL DISTRICTS
Notice is hereby given that (name(s) of districts filing the
				  plan(s)) have filed a plan for the reorganization of school districts with the
				  State Committee for the Reorganization of School Districts. A hearing on this
				  plan will be held at (state time) on (state date) at (state full address of
				  location).
The plan seeks to (describe the current and proposed
				  boundaries of all affected districts, or, if a plan for affiliation, describe
				  the proposed affiliation).
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
				  .
Copies of the plan are available for review at (state the
				  location(s) of the affected district offices where the plan can be viewed) and
				  at the office of the Commissioner of Education in Lincoln, NE.
By:
(name and title of district official
				  responsible for notice)
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-001 - General Provisions

Current through June 17, 2024
001.01 Statutory Authority
Sections
				  79-318(6)
				   and
				  79-1204(4)
				   of the Revised Statutes of Nebraska (R.R.S.)
				  direct the State Board of Education to adopt and promulgate rules and
				  regulations for the accreditation of educational service units.
001.02 Accreditation
				Classification
Accredited educational service units shall comply with all of
				  the provisions of this Chapter. Educational service units shall be classified
				  as accredited if they meet all of the requirements of this Chapter. All of the
				  statements herein are requirements of accredited educational service units and
				  are intended to enable the resources of the state to be used efficiently to
				  support the accredited school districts in this state.
001.03 Accreditation Requirement
Educational service units, as providers of educational
				  services, are required to be accredited under the provisions of this Chapter.
				  These provisions are intended to assure that accredited educational service
				  units provide accountability to taxpayers; assist and cooperate with school
				  districts to provide equitable and adequate educational opportunities
				  statewide; and provide quality educational programs and services to school
				  districts.
001.04
				Implementation of this Chapter
This Chapter will initially be used during the 2012-2013
				  school year to determine future accreditation status.
001.05 The Role and Mission of the
				Educational Service Units
Section
				  79-1204
				  R.R.S. states, in part, that Educational Service Units shall:
001.05A Act primarily as service agencies in
				providing core services and services identified and requested by member school
				districts;
001.05B Provide for
				economy, efficiency, and cost-effectiveness in the cooperative delivery of
				educational services;
001.05C
				Provide educational services through leadership, research, and development in
				elementary and secondary education;
001.05D Act in a cooperative and supportive
				role with the State Department of Education and school districts in development
				and implementation of long-range plans, strategies, and goals for the
				enhancement of educational opportunities in elementary and secondary education;
				and
001.05E Serve, when appropriate
				and as funds become available, as a repository, clearinghouse, and
				administrator of federal, state, and private funds on behalf of school
				districts which choose to participate in special programs, projects, or grants
				in order to enhance the quality of education in Nebraska schools.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-002 - Definitions

Current through June 17, 2024
As used in this Chapter:
002.01 Accreditation or accredited
Accreditation or accredited shall mean a level of recognition
				  by the State Board of Education which establishes that the educational service
				  unit has met all provisions and requirements of this Chapter.
002.02 Board
Board shall mean the State Board of Education.
002.03 Collaboration
Collaboration shall mean a systemic process in which
				  individuals and agencies work together to achieve common goals.
002.04 Commissioner
Commissioner shall mean the State Commissioner of
				  Education.
002.05 Core
				services
Core services shall mean services that are provided by
				  educational service units to all member school districts and that are in the
				  following service areas in order of priority:
002.05A Staff development, which shall
				include access to staff development related to improving the achievement of
				students in poverty and students with diverse backgrounds;
002.05B Technology, including distance
				education services; and
002.05C
				Instructional materials services.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-003 - Requirements for Operation

Current through June 17, 2024
003.01 Collaboration and Accountability
When carrying out the duties described in Sections
				  001.05B and
				  001.05D, the ESU
				  shall engage in collaboration as defined in Section 002.03. When carrying out
				  the duties described in Section
				  001.05D such
				  collaboration shall include, but is not limited to, working together with the
				  ESU Coordinating Council and supporting accountability for student achievement
				  in school districts.
003.02
				Core Services
The ESU shall provide core services to all member school
				  districts. The provision of core services shall include, but is not limited to,
				  access to statewide core service initiatives as established by the ESU
				  Coordinating Council in collaboration with the Department and requested by
				  member districts as being necessary services.
003.02A Each ESU administrator shall serve as
				a member of the ESU Coordinating Council as established by Section
				79-1245
				R.R.S.
003.02A1 The ESU administrator or his
				or her designee shall participate in two jointly established meetings with
				representatives of the Department and the ESU Coordinating Council annually to
				establish the focus and coordination of necessary core services based on
				priorities and on needs that are identified through the analysis of
				data.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-004 - Procedures for Accreditation

Current through June 17, 2024
004.01 Accreditation
Accreditation shall be based on ESU performance during the
				  immediate preceding period of accreditation. The ESU shall complete and submit
				  on or before November 1 of each year the Annual Accreditation Compliance Report
				  in Appendix A of this Chapter.
004.02 To receive accreditation status, the
				ESU shall comply with all provisions of this Chapter as verified by the
				Department.
004.03 Violations
In determining the future accreditation status of an ESU,
				  each failure to meet a numbered regulation constitutes a separate violation
				  which, if not corrected, will result in a recommendation to the Board for
				  probation or loss of accreditation.
004.04 Reporting Violations
The ESU shall report any existing violations to the
				  Department on its Annual Accreditation Compliance Report (Appendix A).
004.05 Correction of Violations
An ESU will have until February 1 to correct violations or to
				  prepare a written plan for correction of a violation that existed at the time
				  of submission of the Annual Accreditation Compliance Report. Written evidence
				  of the correction of the violation(s) or a written plan developed in accordance
				  with Section
				  004.05A must be
				  submitted to the Department.
004.05A
				An ESU having an uncorrected violation may submit a written plan to the
				Department by February 1 for correcting the violation before the following
				school year. Such plans may be approved by the Board if evidence provided
				indicates that the violation occurred after August 1, and the violation could
				not reasonably be corrected immediately before or during the current school
				year. Written evidence of the correction must be submitted to the Department by
				the following September 1.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-005 - Staff

Current through June 17, 2024
005.01 The ESU board shall employ a chief
				administrator who shall hold a Nebraska Administrative Certificate endorsed as
				a superintendent pursuant to 92 NAC 21.
005.02 All ESU staff who have teaching
				responsibilities for students shall hold valid Nebraska teaching or
				administrative certificates pursuant to 92 NAC 21.
005.02A Computed on a full-time equivalency
				basis, a minimum of 90 percent of the ESU teaching assignments shall be in
				areas for which assigned teachers hold certificates having appropriate
				endorsements pursuant to 92 NAC 24.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-006 - ESU Improvement and Evaluation

Current through June 17, 2024
006.01 The ESU shall develop and implement a
				continuous improvement process to promote quality learning, equity, and
				accountability. The ESU improvement process shall include, but is not limited
				to, the following activities within each five-year period:
006.01A Review and update of a mission and
				vision statement.
006.01B On-going
				collection and analysis of aggregate data about student performance, programs,
				core services and services, demographics, and school district
				satisfaction;
006.01C
				Identification of annual improvement goals based on the data identified in
				Section
				006.01B;
006.01D Development and implementation of a
				plan that includes procedures, strategies, or actions to achieve goals;
				and
006.01E Annual evaluation of
				progress toward improvement goals.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-007 - Audits

Current through June 17, 2024
007.01 The ESU shall cause an annual
				independent audit of its books, accounts, records, and affairs to be made as
				required by Section
				79-1229(2)
				 R.R.S.
007.02 The original copy of the audit shall
				be filed in the office of the Auditor of Public Accounts, as required by
				Section
				79-1229(2)
				 R.R.S., and copies of the audit shall be
				provided to each member school district on request and to the
				Department.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 84 - REGULATIONS FOR THE ACCREDITATION OF EDUCATIONAL SERVICE UNITS › Section 92-84-008 - Core Services

Current through June 17, 2024
008.01 Provision of Core Services
Core services shall be provided by the ESU to all member
				  school districts. Core services shall be defined by each ESU as follows:
008.01A Core services shall be within the
				following service areas in order of priority: Staff development, which shall
				include staff development related to improving the achievement of all students
				including the achievement of students in poverty and students with diverse
				backgrounds; technology, including distance education services; and
				instructional materials services;
008.01B Core services shall improve teaching
				and student learning by focusing on enhancing school improvement efforts,
				meeting statewide requirements including but not limited to accountability
				requirements, and achieving statewide goals in the state system of elementary
				and secondary education;
008.01C
				Core services shall provide schools with access to services that:
008.01C1 the ESU and its member school
				districts have identified as necessary services;
008.01C2 are difficult, if not impossible,
				for most individual school districts to effectively and efficiently provide
				with their own personnel and financial resources;
008.01C3 can be efficiently provided by each
				ESU to its member school districts; and
008.01C4 can be adequately funded to ensure
				that the service is provided equitably to the state public school
				districts;
008.01D Core
				services shall be designed so that the effectiveness and efficiency of the
				service can be evaluated on a statewide basis; and
008.01E Core services shall be provided by
				the ESU in a manner that minimizes the costs of administration or service
				delivery to member school districts.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Section 92-85-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
Sections
				  79-1206
				  to
				  79-1211
				  of the
Revised Statutes of Nebraska
(R.R.S.) establish
				  general procedures for the filing of petitions with the State Board of
				  Education to change educational service unit (ESU) boundaries. Section
				  79-318,
				  R.R.S. authorizes the Board to adopt rules and regulations for carrying out the
				  Board's responsibilities.
001.02 Scope and Application of this Chapter
This chapter governs hearings on ESU boundary change
				  petitions before the State Board of Education, as provided in Sections
				  79-1206
				  to
				  79-1211
				  R.R.S. It is not applicable to any other type of hearings. Regulations of the
				  Department of Education governing contested cases are not applicable to ESU
				  petition hearings.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Section 92-85-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Affected Districts
Affected Districts shall refer to districts that would be
				  added to, or withdrawn from, an ESU or transferred to a different ESU by the
				  petition. Other districts that are already members of an affected ESU in a
				  merger or dissolution petition shall not be considered affected
				  districts.
002.02 Affected
				ESUs
Affected ESUs shall refer to Educational Service Units that
				  merge, dissolve, or would have districts added to or, withdrawn from, their
				  territory by the petition.
002.03 Board
Board shall mean the State Board of Education.
002.04 Commissioner
Commissioner shall mean the State Commissioner of
				  Education.
002.05
				Department
Department shall mean the State Department of Education,
				  which is comprised of the Board and the Commissioner.
002.06 ESU
ESU shall mean educational service unit, as established by
				  Article 12 of Chapter 79 of the
Revised Statutes of
				  Nebraska
.
002.07 Petitioners
Petitioners shall mean the school boards or ESUs that have
				  filed a petition with the Board.
002.08 School Board
School Board shall mean local boards of
				  education.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Section 92-85-004 - Hearings

Current through June 17, 2024
004.01 Setting of Hearings
The Commissioner shall appoint a hearing officer to conduct
				  the hearing on behalf of the Board and the hearing officer shall set the time
				  and place for any hearing within 90 days from the receipt of the
				  petition.
004.02
				Continuances
The hearing officer may at any time order a continuance of a
				  hearing on his or her own motion, so long as the hearing may be completed
				  within 90 days from the receipt of the petition.
004.03 Consolidation
The hearing officer may order two or more petitions which are
				  legally or factually related to be heard and considered together on a
				  consolidated record, unless any petitioner makes a showing, sufficient to
				  satisfy the hearing officer, that it would be prejudiced thereby.
004.04 Conduct of Hearings
The hearing will be an informal proceeding. Hearings will be
				  conducted before a hearing officer appointed by the Commissioner on behalf of
				  the Board. The hearing officer will recommend a decision to the Board. At the
				  time of hearing:
004.04A The hearing
				officer shall open and close the proceedings, enter the notices of hearing into
				the record, take appearances, and rule on any other matter.
004.04B Reasonable opportunity shall be
				afforded representatives of all petitioners; affected ESUs, affected districts,
				other districts that are members of affected ESUs, county officials and
				Department officials to testify. The hearing officer, at his/her request and
				discretion, may also take testimony and receive exhibits from other persons.
				The hearing officer may set reasonable time limits on presentations and may
				limit repetitious testimony.
004.04C Informal procedures governing the
				conduct of hearings shall be subject to the discretion and the direction of the
				hearing officer, at the time of such hearings, unless otherwise specified in
				this chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Section 92-85-005 - Exhibits

Current through June 17, 2024
005.01 Copies of Exhibits
All exhibits to be offered at a hearing shall be on 8 1/2 x
				  11 inch white paper, unless waived by the hearing officer.
005.02 Filing Exhibits Prior to Hearing
In any proceeding where detailed or complicated exhibits are
				  to be used, the hearing officer may require any petitioner to file copies of
				  such exhibits or other necessary information within a specified time in advance
				  of the hearing in order to enable the hearing officer to study
				  same.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Section 92-85-006 - Disposition of Cases

Current through June 17, 2024
006.01 Official Record
The hearing officer shall prepare an official record in each
				  case which shall include pleadings, exhibits, orders, and recorded testimony,
				  which need not be transcribed unless directed by the Board. Upon request by any
				  person, a written copy of the testimony will be prepared upon the tender of the
				  cost of preparation. The hearing officer may authorize the use of a court
				  reporting service to record the hearing. The cost of obtaining verbatim
				  transcripts from a court reporting service shall be paid directly to such
				  service by the persons requesting the transcripts.
006.02 Recommended Order
The hearing officer shall submit a copy of the official
				  record and a recommended order to the State Board.
006.03 Final Order
Within one hundred twenty days of the receipt of the
				  petition, the Board shall grant or deny the petition based upon the following
				  criteria:
006.03A The educational
				needs of students in the affected school districts and the affected educational
				services units;
006.03B The
				economic viability of the proposal as it relates to the affected established
				educational service units or affected proposed educational service
				units;
006.03C Any community of
				interest among affected school districts and affected educational service
				units;
006.03D Geographic proximity
				as such would affect the ability of affected educational service units to
				deliver service in a cost-effective manner; and,
006.03E In the dissolution of one or more
				entire educational service units, evidence of consent from each educational
				service unit board and two-thirds of the school boards or boards of education
				of member school districts representing a majority of students in each affected
				educational service unit.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Appendix B - Sample Notice of Hearing

Current through June 17, 2024
BEFORE THE STATE BOARD OF EDUCATION STATE OF NEBRASKA
IN THE MATTER OF THE EDUCATIONAL )
SERVICE UNIT BOUNDARY CHANGE )
PETITION OF )
_________________________) CASE NO.
(Leave
				  Blank
Unless Known)
(Name(s) of initiating ESUs ) and/or school districts)
				  )
)
___________________________) NOTICE OF HEARING
Address(es) )
)
_________________________, )
)
Petitioner(s). )
Notice is hereby given that a hearing on the petition in this
				  case has been set before the hearing officer for the State Board of Education
				  on
(date)
, at
(time)
, at
(specific location)
.
______________________________
(Petitioner or Representative)
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above Notice was mailed
				  to the following school districts, and ESUs by certified mail, return receipt
				  requested, this ____ day of _______________,________, and a copy of the
				  receipt(s) will be filed with the hearing officer.
_____________________________
(Signature)
________________________ _______________________
________________________ _______________________
_______________________ _______________________
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Appendix C - Sample Newspaper Notice

Current through June 17, 2024
NOTICE OF THE FILING OF AN EDUCATIONAL SERVICE UNIT BOUNDARY
				  CHANGE PETITION AND HEARING THEREON
Notice is hereby given that (name(s) of petitioning ESUs
				  and/or districts) has (have) filed an educational service unit boundary change
				  petition with the State Board of Education pursuant to Sections
				  79-1207
				  through
				  79-1209
				  R.R.S., asking that the following changes in ESU boundaries be made:
(Give specific description of proposed boundary change and
				  designate the affected districts and ESUs)
__________________________________________________
Notice is hereby given that a hearing on this petition will
				  be held before a hearing officer for the State Board of Education on
(date)
, at
(time)
, at
(location)
. Copies of the petition are available for
				  review at the central administrative office of each petitioning ESU and school
				  district, and at the Office of the Commissioner of Education in Lincoln.
By:
(Name of Petitioner or
				  Representative)
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Appendix D - Sample Certificate of Service for Regular Mail

Current through June 17, 2024
CERTIFICATE OF SERVICE
(Not for use when certified mail service is required.)
I hereby certify that a copy of the above
(list
				  document)
, including a copy of any exhibits cited therein, was
				  mailed to the following persons or political subdivisions by regular
				  first-class mail, postage prepaid, this _______ day of _______, ______.
____________
(Signature)
(List names and addresses
______________________ _______________
______________________ _______________
______________________ _______________
______________________ _______________
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Appendix E - Sample Response Form

Current through June 17, 2024
BEFORE THE STATE BOARD OF EDUCATION STATE OF NEBRASKA
IN THE MATTER OF THE EDUCATIONAL )
SERVICE UNIT BOUNDARY CHANGE )
PETITION OF )
__________________________________) CASE NO.
(Leave Blank
Unless Known)
(Name(s) of initiating ESUs ) and/or school districts)
				  )
)
_______________________) RESPONSE
Address(es) )
)
________________________________, )
)
Petitioner(s). )
COMES NOW
(Name)
, affected district
				  (or ESU), and, for its Response to the Petition filed in this case, admits,
				  denies, and alleges as follows:
1. (Address the issue of whether the petitioner(s) meet(s)
				  the statutory requirements for such petition(s) and to any irregularities,
				  inaccuracies, or misrepresentations contained in said petition and its
				  attachments.)
2. (Specifically address the reasons for or against the
				  proposed reorganization, addressing the grounds required in
				  003.01G.)
3. (Specifically admit or deny each material allegation of
				  the petition.)
WHEREFORE, this Representative of the affected district or
				  ESU requests that the State Board of Education (approve or not approve) the
				  boundary change sought in this matter
(and/or state any additional
				  action sought)
.
_________________________________
(Signature of Representative of affected district or ESU and
				  address of its attorney)
VERIFICATION
State of Nebraska )
) ss
County of_______ )
I, ____________, being first duly sworn under oath, state
				  that I have read the contents of the response and that to the best of my
				  knowledge, information, and belief such contents are true.
Subscribed and sworn before me this ________ day of
				  __________________
,
___________, by
				  _____
(name and title)
.
(SEAL)
__________________
Notary Public
__________________
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above Response, including
				  a copy of any exhibits cited therein, were mailed to the following persons by
				  regular first class mail, postage prepaid, this _________ day of ________,
				  ________.
_______________________
(Signature)
_________________ _______________
_________________ _______________
_________________ _______________
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 86 - REGULATIONS AND PROCEDURES FOR PUBLIC SCHOOL BREAKFAST PROGRAM REIMBURSEMENT › Section 92-86-001 - General Provisions

Current through June 17, 2024
001.01 Purpose
The Legislature has found that school breakfast and lunch
				  program are integral parts of Nebraska educational system. Accordingly, the
				  Legislature will reimburse each qualified public school in Nebraska a portion
				  of the cost of such school school breakfast program.
001.02 Statutory Authority
This Chapter is adopted pursuant to
Neb. Rev.
				  Stat.
Sections
				  79-10,137
				  through
				  79-10,139.
001.03 Coverage
This Chapter sets forth the breakfast reimbursement
				  requirements for qualified public schools in Nebraska for payments pursuant to
Neb. Rev. Stat.
Section
				  79-10,138.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 86 - REGULATIONS AND PROCEDURES FOR PUBLIC SCHOOL BREAKFAST PROGRAM REIMBURSEMENT › Section 92-86-002 - Definitions

Current through June 17, 2024
002.01 Breakfast
Breakfast shall mean a meal which meets the nutritional
				  requirements set out in 7 CFR Part 220.8, and which is served to the school
				  eligible students in the morning hours prior to the lunch meal, pursuant to the
				  requirements of the School Breakfast Program at 7 CFR Part 220.
002.02 Department
Department shall mean the Nebraska Department of
				  Education.
002.03 Eligible
				student
Eligible student shall mean qualified public school students
				  who participate in a school lunch program as authorized by the National School
				  Lunch Act found at
				  42 U.S.C.
				  1751, et seq.
002.04 School lunch program
shall mean the National School Lunch Program at 7 CFR Part
				  210, as authorized by the National School Lunch Act.
002.05 Qualified public school
Qualified public school shall mean a Department accredited
				  public school pursuant to Title 92,
Nebraska Administrative
				  Code
, Chapter 10, (92 NAC 10), which operates a school lunch
				  program as authorized by the National School Lunch Act.
002.06 State reimbursement
State reimbursement shall mean the state funds payable to
				  qualified public schools for breakfasts served to eligible students. The rate
				  for breakfast reimbursement is 5¢ for each school breakfast served to each
				  eligible student and payment is made for breakfasts served in the second
				  preceding school year. Therefore, for example, payments made in 2007-08 would
				  be for meal claims from 2005-06.
002.07 USDA
USDA shall mean the United States Department of
				  Agriculture.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 86 - REGULATIONS AND PROCEDURES FOR PUBLIC SCHOOL BREAKFAST PROGRAM REIMBURSEMENT › Section 92-86-003 - Reimbursement Procedures

Current through June 17, 2024
003.01 Program and Site Applications
Each qualified public school that operates a school lunch
				  program shall submit a completed Program Application and Site Application for
				  each participating site to the Department. Form NDE- 01-014 is available online
				  from the Department and must be submitted online.
003.02 Breakfast Requirements
Only breakfasts which meet the USDA regulatory requirements
				  at 7 CFR Part 220, and are eligible for federal reimbursement according to the
				  National School Lunch Act, shall be eligible for state reimbursement.
003.03 Claim Procedures
Claims shall be made on the Department Claim for
				  Reimbursement Form NDE- 28-036 (Appendix A), or the same Claim information may
				  be submitted in the Nebraska Nutrition Services web-based reporting system. All
				  claims submitted to the Department after the claim deadline of sixty (60) days
				  past the last day of each month shall not be payable. For purposes of school
				  breakfast reimbursement, the instructions in Appendix A attached to Claim for
				  Reimbursement Form NDE- 28-036 must be followed for all claims submitted to the
				  Department pursuant to this Chapter, and such instructions are incorporated
				  into this section by reference as if fully set forth herein.
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Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 87 - REGULATIONS GOVERNING QUALIFIED ZONE ACADEMY BONDS ALLOCATION › Section 92-87-002 - Definitions

Current through June 17, 2024
For purposes of this chapter, "Department" shall mean the
				  Nebraska Department of Education. The following definitions shall have the same
				  meaning as used in Section 226 of the Taxpayer Relief Act of 1997, (Title 26,
United States Code,
Section 1397E):
002.01
Allocation/allocation of
				limitation,
(Title 26,
United States
				Code
, Section 1397E(e)(2))
002.02
Eligible Location
				Education Agency
,(Title 26,
United States
				Code
, Section 1397E(d)(4)B)
002.03
National
				Limitation,
(Title 26,
United States Code
,
				Section 1397E(e)(1))
002.04
Private Business Contribution Requirement
,(Title 26,
United States Code
, Section 1397E(d)(2))
002.06
Qualified
				Purpose
,(Title 26,
United State Code
,
				Section 1397E(d)(5))
002.07
Qualified Zone Academy
,(Title 26,
United
				States Code
, Section 1397E(d)(4))
002.08
Qualified Zone Academy
				Bond
, (Title 26,
United States Code
,
				Section 1397E(d)(1))
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 87 - REGULATIONS GOVERNING QUALIFIED ZONE ACADEMY BONDS ALLOCATION › Section 92-87-003 - Procedure and Method of Allocation to Qualified Zone Academies

Current through June 17, 2024
003.01 School Districts or other eligible
				state or local governments under Title 26,
United States
				Code
, Section 1397E, within the jurisdiction of which a Qualified
				Zone Academy is located, may submit requests to the Department for allocation
				of any portion of the then existing allocation of limitation amount as
				allocated to the state of Nebraska. School districts, or other eligible
				governmental entities must specify which individual school, (or program within
				such school), it is that is within their jurisdiction that is a Qualified Zone
				Academy for which the allocation is requested and the amount requested. All
				such requests must be received by the Department by no later than November 1 of
				1998, and by October 1 of each year thereafter. School districts or other
				eligible entities are limited to one allocation request per calendar
				year.
003.02 All such requests must
				be to the Department in writing and must demonstrate compliance with all
				applicable requirements for such allocation under Title 26,
United
				States Code
, Section 1397E in that all requests must:
003.02A : Be for an allocation for the
				issuance of a Qualified Zone Academy Bond(s) as defined by law and as
				demonstrated by:
003.02A1 : The requesting
				school district or other eligible governmental entity written assurance that at
				least 95 percent of the proceeds of such a bond issuance are to be used for a
				qualified purpose with respect to the Qualified Zone Academy.
003.02A2 : The bond issuer being a local
				government within the jurisdiction of which such a Qualified Zone Academy is
				located. The request for allocation shall state the basis upon which the
				requesting entity has determined that the particular school or program within
				the school under its jurisdiction is a Qualified Zone Academy.
003.02A3 : A written assurance that the bond
				issuer will designate such bond(s) for the purposes of issuance as a Qualified
				Zone Academy Bond.
003.02A4 : The
				bond issuer certifying that it has written assurances that the private business
				contribution requirement will be met with respect to the Qualified Zone
				Academy.
003.02A5 : The bond issuer
				certifying that it has the written approval of the Eligible Local Education
				Agency, (See Appendix A), for such bond issuance.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 89 - REGULATIONS AND PROCEDURES FOR THE EDUCATION INNOVATION FUND PROGRAM-DISTANCE EDUCATION EQUIPMENT REIMBURSEMENT AND INCENTIVES › Section 92-89-003 - Distance Education Council

Current through June 17, 2024
Pursuant to section
				  79-1333
				  R.R.S., the Council shall coordinate distance education in Nebraska. The
				  Council shall be composed of one administrator or his or her designee from each
				  educational service unit.
003.01 The
				Council shall hire an administrator and such other personnel as necessary to
				carry out the functions of the Council.
003.02 The Council shall be funded from
				appropriations by the Legislature and fees established for services provided to
				educational entities.
003.03 The
				powers and duties of the Distance Education Council include but are not limited
				to:
003.03A Providing public access to lists
				of qualified distance education courses;
003.03B Collecting and providing school
				schedules for participating educational entities;
003.03C Facilitation of scheduling for
				qualified distance education courses;
003.03D Brokering of qualified distance
				education courses to be purchased by educational entities;
003.03E Assessment of distance education
				needs and evaluation of distance education services;
003.03F Compliance with technical standards
				as set forth by the Nebraska Information Technology Commission and academic
				standards as set forth by the State Department of Education related to distance
				education;
003.03G Establishment of
				a system for prioritizing courses if the demand for Network Nebraska exceeds
				the capacity available for distance education and for choosing receiving
				educational entities when the demand for a course exceeds the capacity as
				determined by either the technology available or the course provider;
003.03H Scheduling and prioritization for
				access to Network Nebraska by educational entities in cooperation with the
				Chief Information Officer and using scheduling software or scheduling services
				which meet any applicable standards established by the commission;
003.03I Administration of learning management
				systems that are in compliance with any applicable standards of the commission
				either through the staff of the council or by delegation to an appropriate
				educational entity with the funding for such systems provided by participating
				educational entities; and
003.03J
				Coordination with educational service units and postsecondary educational
				institutions to provide assistance for instructional design for both two-way
				interactive video distance education courses and the offering of graduate
				credit courses in distance education.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 89 - REGULATIONS AND PROCEDURES FOR THE EDUCATION INNOVATION FUND PROGRAM-DISTANCE EDUCATION EQUIPMENT REIMBURSEMENT AND INCENTIVES › Section 92-89-004 - Reimbursement for Purchase of Hardware and Software

Current through June 17, 2024
004.01 For fiscal years 2007-08 through
				2013-14, the State Department of Education shall provide distance education
				equipment reimbursement to school districts and educational service units from
				the Education Innovation Fund as provided in section
				79-1336
				R.R.S. Such reimbursements shall be for hardware or software purchased after
				July 14, 2006 for use in distance education and shall be limited to a total
				through fiscal year 2013-14 of twenty thousand dollars multiplied by the number
				of high school buildings for each school district and twenty thousand dollars
				for each educational service unit.
004.02 The reimbursements may include
				installation costs for such hardware or software. Applications shall be
				accepted by the department beginning in the first year that the school district
				or the educational service unit accesses Network Nebraska and ending June 30,
				2013.
004.03 Applications shall be
				submitted on or before July 1 of each year on a form specified by the
				department (available at
				http://www.nde.state.ne.us/TECHCEN/DistanceEducation.html and reproduced in
				Appendix C of this Chapter) and shall include:
004.03A A description of the hardware or
				software purchased and how the hardware or software will be used for distance
				education;
004.03B Copies of
				receipts for the purchases to be reimbursed; and
004.03C For school districts, a commitment to
				either send or receive two-way interactive video distance education courses
				through the Distance Education Council each semester, or the equivalent of two
				semester courses each year, for four years and to apply for distance education
				incentives pursuant to section
				79-1337
				R.R.S. and
004.03D An assurance
				that the district will retain all records of distance education courses sent or
				received for five years after termination of reimbursement provided an audit
				under section
				79-1089
				R.R.S. has been completed to show that the commitment was met.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 89 - REGULATIONS AND PROCEDURES FOR THE EDUCATION INNOVATION FUND PROGRAM-DISTANCE EDUCATION EQUIPMENT REIMBURSEMENT AND INCENTIVES › Section 92-89-005 - Incentives for Distance Education

Current through June 17, 2024
For fiscal years 2007-08 through 2015-16, the State
				  Department of Education shall provide distance education incentives from the
				  Education Innovation Fund to school districts and educational service units for
				  qualified distance education courses and coordinated through the Distance
				  Education Council as provided in section
				  79-1337
				  R.R.S.
005.01 School districts and
				educational service units shall apply for incentives annually to the department
				on or before August 1 on a form specified by the department. The application
				shall:
005.01A For school districts, specify:
005.01A1 the qualified distance education
				courses which were received by students in the membership of the district in
				the then-current school fiscal year and which were not taught by a teacher
				employed by the school district; and
005.01A2 for each such course
005.01A2a the number of students in the
				membership of the district who received the course,
005.01A2b the educational entity employing
				the teacher, and
005.01A2c whether
				the course was a two-way interactive video distance education course;
				and
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 89 - REGULATIONS AND PROCEDURES FOR THE EDUCATION INNOVATION FUND PROGRAM-DISTANCE EDUCATION EQUIPMENT REIMBURSEMENT AND INCENTIVES › Appendix A - Petition Form for Appeal under 92 NAC 89; 79-1336 R.R.S

Current through June 17, 2024
BEFORE THE STATE BOARD OF EDUCATION STATE OF NEBRASKA
__________________________________ )
(School district or Educational Service Unit ) CASE NO.
(LEAVE BLANK)
Name)
)
__________________________________ )
(Address) )
__________________________________, )
)
Petitioner, )
)
PETITION - in RE: denial of distance education equipment
				  reimbursements or requirement to repay reimbursements
Petitioner, in accordance with 79-1336 R.R.S. and Title 92,
				  Chapter 89, of the
Nebraska Administrative Code
,
				  states and alleges as follows:
1. (Concisely set forth all material facts upon which the
				  appeal is based).
2. (Attach as exhibits copies of any documents discussed
				  above. You must attach a) a copy of the Department's denial notice or notice of
				  reimbursement required, as applicable; b) your application for reimbursement
				  that is the subject of the denial or repayment decision).
WHEREFORE, Petitioner requests that the State Board of
				  Education
(state remedy sought)
.
Dated this day of ________, 2___.
_____________________________________
(Signature)
(If attorney for petitioner, list address)
___________________________________
(Title)
VERIFICATION
State of Nebraska )
) ss
County of )
I,______________________, being first duly sworn under oath,
				  state that I have read the contents of the foregoing petition and that to the
				  best of my knowledge, information, and belief such contents are true and there
				  is reasonable cause for filing said petition.
Subscribed and sworn before me this ________ day of
				  ____________, 2____, by
(Name of Petitioner)
.
(Seal) ________________________________
Notary Public
Certificate of Service
I hereby certify that this Petition, including a copy of any
				  exhibits cited therein, were mailed to the State Department of Education by
				  regular first class mail, postage pre-paid, or sent via facsimile to
				  402-471-6631 (Circle method used.) on this _____ day of ___________,
2 _____ .
__________________
Signature of Petitioner