reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 28 - PROFESSIONAL PRACTICES INVESTIGATIONS AND NONPUBLIC CERTIFICATE HEARINGS › Section 92-28-006 - Evidence

Current through June 17, 2024
006.01 General Provisions
As provided in Section
				  84-914
				  R.R.S., the hearing officer may admit and give probative effect to evidence
				  which possesses probative value commonly accepted by reasonably prudent men and
				  women in the conduct of their affairs. He or she shall give effect to the rules
				  of privilege recognized by law. He or she may exclude incompetent, irrelevant,
				  immaterial, and unduly repetitious evidence. The hearing shall be conducted
				  pursuant to the rules of evidence applicable to the district courts, unless
				  mutually waived by the parties.
006.02 Subpoenas, Discovery, and Witnesses
As provided in Section
				  84-914
				  R.R.S., the hearing officer may administer oaths, issue subpoenas, compel the
				  attendance of witnesses, and the production of any papers, books, accounts,
				  documents, and testimony, and cause the depositions of witnesses residing
				  either within or without the state to be taken in the manner prescribed by law
				  for taking depositions in civil actions in the district court.
006.02A Subpoenas. The use of subpeonas in
				proceedings before the hearing officer is governed by statutory procedures for
				issuance of subpoenas by district courts in Nebraska except as hereinafter
				provided.
006.02A1 A subpoena requiring the
				attendance of a witness may be issued by the hearing officer, upon written
				application of any party.
006.02A2
				Subpoenas for the production of accounts, books, documents, or papers, will be
				issued by the hearing officer only upon written application by a party stating
				specifically which accounts, books, documents, or papers are required and the
				facts expected to be proved thereby. All parties directed to produce accounts,
				books, documents, or papers shall furnish and deliver the same at the time and
				place specified in the subpoena.
006.02A3 A subpoena issued pursuant to this
				rule may be served in any manner permitted by law, which shall include service
				by registered or certified mail, return receipt requested, sent not less than
				six days prior to hearing.
006.02A4
				In the case of disobedience to a subpoena, the hearing officer may invoke the
				aid of any court of this state in requiring the attendance and testimony of
				witnesses and the production of accounts, books, documents, or
				papers.
006.02A5 Charges for
				serving a subpoena by mail are to be paid prior to the issuance of the subpoena
				by the party at whose instance the subpoena is issued. Arrangements for
				personal service, if desired by a party, are to be made by the party requesting
				such service and they shall be responsible for paying any costs for such
				service prior to the hearing date.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 28 - PROFESSIONAL PRACTICES INVESTIGATIONS AND NONPUBLIC CERTIFICATE HEARINGS › Section 92-28-007 - Disposition of Cases

Current through June 17, 2024
007.01 Recommendation to the Board
In the absence of an informal disposition, the hearing
				  officer shall prepare an official record for submission to the Board, which
				  shall include the pleadings, testimony transcript, and exhibits from the
				  hearing. The hearing officer shall also submit his or her recommendation as to
				  the disposition of the case and a recommended set of findings of fact and
				  conclusions of law and provide a copy of the recommendations to the
				  parties.
007.02 Final
				Action by the Board
Procedures for the final review of the case by the Board are
				  contained in 92 NAC 29.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 28 - PROFESSIONAL PRACTICES INVESTIGATIONS AND NONPUBLIC CERTIFICATE HEARINGS › Appendix A - Sample Form for Complaint

Current through June 17, 2024
BEFORE THE COMMISSIONER OF EDUCATION STATE OF NEBRASKA
___________________________________ )
(Name) ) CASE NO.
(LEAVE
				  BLANK)
___________________________________ )
(Address) )
__________________________________, )
)
Complainant, )
)
vs. ) COMPLAINT
)
___________________________________ )
(Name) )
___________________________________ )
(Address) )
__________________________________, )
)
Respondent. )
In accordance with Title 92, Chapter 28, of the Nebraska
				  Administrative Code, the complainant states as follows:
1. The full name, address, and telephone number of the
				  complainant;
2. The full name, address, and telephone number, if known, of
				  the respondent;
3. A concise statement of the facts which the complainant
				  believes constitute a violation of professional ethics and practices;
				  and
4. The full names, addresses, and telephone numbers of any
				  witnesses able to testify as to the facts alleged.
WHEREFORE, complainant requests that the Commissioner of
				  Education investigate this complaint and take such action as is warranted,
				  including the filing of a petition.
Dated this ________ day of ________________, 19____.
_______________________________
(Signature)
(If attorney for complainant, list address)
VERIFICATION
State of Nebraska )
) ss
County of _________ )
I, ________________________, being first duly sworn under
				  oath, state that I have read the contents of the complaint and that to the best
				  of my knowledge, information, and belief such contents are true and there is
				  reasonable cause for filing said document.
Subscribed and sworn before me this ________ day of
				  ____________, 19____, by
(Name of Complainant)
.
(Seal)
____________________________
Notary Public
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 28 - PROFESSIONAL PRACTICES INVESTIGATIONS AND NONPUBLIC CERTIFICATE HEARINGS › Appendix B - Sample Form for Petition

Current through June 17, 2024
BEFORE THE STATE BOARD OF EDUCATION STATE OF NEBRASKA
___________________________________ )
(Name of Commissioner) ) CASE NO.
(LEAVE
				  BLANK)
)
COMMISSIONER OF EDUCATION, )
___________________________________ )
(Address) )
__________________________________, )
)
Petitioner, )
)
vs. ) PETITION
)
___________________________________ )
(Name) )
___________________________________ )
(Address) )
__________________________________, )
)
Respondent. )
Petitioner, in accordance with Title 92, Chapter 28, of the
				  Nebraska Administrative Code, states and alleges as follows:
1. The full name, address, and telephone number of the
				  petitioner;
2. The full name, address, telephone number, and the social
				  security number, if known, of the respondent;
3. The type, rank, level, endorsements, and expiration dates
				  of certificate(s) held by respondent;
4. The name of the school or school district, if any,
				  currently employing the respondent;
5. A concise statement of the facts which the petitioner
				  believes constitute a violation of professional ethics and practices;
6. The full names, addresses, and telephone numbers of any
				  witnesses able to testify as to the facts alleged; and
7. Citation of statute or regulation which was allegedly
				  violated.
WHEREFORE, petitioner requests that the State Board of
				  Education investigate this petition and take such action as is warranted,
				  regarding the certification of respondent.
Dated this _______ day of _______________, 19___.
________________________________
(Signature)
(If attorney for petitioner, list address)
VERIFICATION
State of Nebraska )
) ss
County of _________ )
I, ________________________, being first duly sworn under
				  oath, state that I have read the contents of the petition and that to the best
				  of my knowledge, information, and belief such contents are true and there is
				  reasonable cause for filing said document.
Subscribed and sworn before me this _______ day of
				  ____________, 19___, by
(Name of Commissioner)
.
(Seal)
_____________________________
Notary Public
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 28 - PROFESSIONAL PRACTICES INVESTIGATIONS AND NONPUBLIC CERTIFICATE HEARINGS › Appendix C - Sample Answer Form

Current through June 17, 2024
BEFORE THE STATE BOARD OF EDUCATION STATE OF NEBRASKA
___________________________________ )
(Name of Commissioner) )
)
COMMISSIONER OF EDUCATION, )
___________________________________ )
(Address) ) CASE NO. ________________
__________________________________, )
)
Petitioner, )
)
vs. ) ANSWER
)
___________________________________ )
(Name) )
___________________________________ )
(Address) )
__________________________________, )
)
Respondent. )
COMES NOW respondent,
(name)
, and,
				  for his/her answer to the petition, admits, denies, and alleges as
				  follows:
(Respondent shall include specific statements regarding any
				  and all allegations in the complaint, which shall be in the form of admissions,
				  denials, explanatory remarks, or statements of mitigating circumstances; and
				  any additional facts or information the respondent deems relevant and which may
				  be of assistance in the ultimate determination of the case.)
WHEREFORE, respondent prays that the State Board of Education
				  dismiss the petition in this matter
(and/or state any additional
				  action sought)
.
_________________________________________
(Signature of respondent or signature and address of his or
				  her attorney)
VERIFICATION
State of Nebraska )
) ss
County of _________ )
I, ____________________, being first duly sworn under oath,
				  state that I have read the contents of the answer and that to the best of my
				  knowledge, information, and belief such contents are true.
Subscribed and sworn before me this ________ day of _______,
				  19___, by
(Name of Respondent)
.
(Seal)
_________________________________
Notary Public
The foregoing instrument was subscribed and sworn to before
				  me this____ day of __________________, 19____, by
(Name of
				  Respondent)
.
(Seal)
_________________________________
Notary Public
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above answer, including a
				  copy of any exhibits cited therein, were mailed to the following persons by
				  regular first-class mail, postage prepaid, this ________ day of
				  _________________, 19___.
__________________________________
(Signature of Respondent)
(List names and addresses)
________________________
__________________________________
				  ___________________________
_____________________________
				  _________________________________
_____________________________
				  _________________________________
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
Sections 79-1284 and
				  79-328(5)
				  (j) R.R.S. authorize the Board to adopt
				  regulations for carrying out its responsibilities, which include developing
				  standards for revocation and suspension of certificates issued by the Board.
				  Section 79-1283 R.R.S. provides for the Nebraska Professional Practices
				  Commission to make recommendations to the Board in certain cases where there is
				  a public school certificate holder and also provides for a hearing officer to
				  make recommendations to the Board in certain cases where there is a nonpublic
				  school certificate holder.
001.02 Scope and Application of this Chapter
This chapter governs procedures before the Board when a
				  recommendation has been made to the Board by the Professional Practices
				  Commission pursuant to 95 Nebraska Administrative Code (NAC), Chapter 1, or 95
				  NAC 2, in public school certificate cases, or by a Board-appointed hearing
				  officer pursuant to 92 NAC 28 in nonpublic school certificate cases.
001.03 Related Regulations
Standards of professional practices and ethics for holders of
				  both public and nonpublic school certificates are contained in 92 NAC 27.
				  Procedures for hearings in public school certificate cases are contained in 92
				  NAC 28 and 95 NAC 1. Procedures for investigation in all cases and hearings in
				  nonpublic school certificate cases are contained in 92 NAC 28. Regulations for
				  the issuance of public school and nonpublic school certificates are contained
				  in 92 NAC 21. Procedures for the reinstatement of a public school certificate
				  are contained in 95 NAC 2.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Administrator
Administrator shall mean any holder of a public or nonpublic
				  certificate for administration or supervision issued pursuant to 92 NAC
				  21.
002.02 Admonishment
Admonishment shall mean a private sanction to a certificate
				  holder that further unprofessional or unethical conduct may result in more
				  serious action, including the suspension or revocation of a certificate. This
				  sanction may be imposed by the Commissioner, Commission, or Board.
002.03 Board
Board shall mean the State Board of Education.
002.04 Certificated person
Certificated person shall mean any holder of a certificate
				  issued pursuant to 92 NAC 21.
002.05 Commission
Commission shall mean the Professional Practices
				  Commission.
002.06
				Commissioner
Commissioner shall mean the State Commissioner of
				  Education.
002.07
				Department
Department shall mean the Nebraska State Department of
				  Education, which is comprised of the Board and the Commissioner.
002.08 Parties
Parties shall mean petitioner and respondent.
002.09 Petitioner
Petitioner shall mean the Commissioner pursuant to 95 NAC 1
				  or 92 NAC 28.
002.10
				Reprimand
Reprimand shall mean a public sanction criticizing or
				  rebuking a certificate holder for unprofessional or unethical conduct. This
				  sanction may be imposed by the Commissioner, Commission, or Board.
002.11 Respondent
Respondent shall mean any educator who shall be charged in a
				  petition under 92 NAC 28 or 95 NAC 1 with allegedly violating standards of
				  proessional ethics or practices as contained in 92 NAC 27.
002.12 Revocation
Revocation shall mean a public sanction withdrawing or
				  canceling a certificate holder's certificate for a certain period of time. At
				  the expiration of the revocation period, the former certificate holder may
				  apply for reinstatement in accordance with 92 NAC 29. This sanction may be
				  imposed by the Board.
002.13 Special services counselor
Special services counselor shall mean any person holding a
				  special services counseling certificate issued pursuant to 92 NAC 21.
002.14 Suspension
Suspension shall mean a public sanction withdrawing or
				  canceling a certificate holder's certificate for a certain period of time. The
				  certificate is automatically reinstated at the expiration of the suspension
				  period if it has not expired during the period of suspension. This sanction may
				  be imposed by the Board.
002.15 Teacher
Teacher shall mean any holder of a Nebraska public or
				  nonpublic certificate for teaching issued pursuant to 92 NAC
				  21.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-003 - Recommendation to the Board

Current through June 17, 2024
003.01 Filing Recommendations with the Board
Recommendations of the Commission pursuant to 95 NAC 1, or of
				  a hearing officer appointed under 92 NAC 28, which are filed with the Board
				  shall include recommended findings of fact, recommended conclusions of law, and
				  a recommended decision. Such recommendations shall also include a verbatim
				  transcript of the hearing and a copy of all pleadings and exhibits.
003.02 Format
All filings shall be typed on 81/2 x 11 inch white paper.
				  Exhibits shall be reduced, if possible, to 81/2 x 11 inch white paper.
003.03 Copies to Parties
At the time of filing of recommendations, the Commission or
				  the hearing officer shall send a copy of the findings, conclusions, and
				  recommended decision to the respondent certified mail, return receipt requested
				  and to the petitioner by mail or hand delivery.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-004 - Review of Recommendations

Current through June 17, 2024
004.01 Scheduling Review Hearing
The Board shall schedule a hearing for the purpose of
				  reviewing the recommendations received from the Commission or hearing officer,
				  and shall notify the parties and Commission or hearing officer of the time and
				  location by mailing or delivering a notice at least 21 days prior to such
				  scheduled hearing.
004.02
				Conduct of Review Hearing
The review hearing shall be conducted as follows:
004.02A The Board President or any other
				member designated by the Board to preside shall open and close the proceedings,
				enter the recommendations of the Commission or hearing officer into the record,
				and shall rule on all matters, although such rulings may be altered or reversed
				at the time of such rulings by majority vote of the Board members present for
				the review hearing.
004.02B A
				representative of the Commission or the hearing officer whose recommendations
				are being considered shall be given an opportunity to summarize the
				recommendations and address questions from the Board.
004.02C The petitioner and respondent shall
				each be given an opportunity to present oral arguments regarding the
				recommendations. The Board may set time limits for such arguments.
004.02D The Board shall receive no additional
				evidence and shall limit summarizations and oral arguments to matters reflected
				in the record before it.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-005 - Disposition of Cases

Current through June 17, 2024
005.01 Order of Board
Following the review hearing, the Board shall enter an order
				  setting forth findings of fact, conclusions of law, and decision. A copy of
				  such an order shall be mailed to each party.
005.02 Suspension or Revocation Order
An order of suspension or revocation terminates the
				  employment of such person. The Board shall immediately notify the school or
				  school district where such person is employed of such revocation or suspension.
				  The revocation or suspension of a person's certificate by the Board
				  automatically shall revoke or suspend any and all Department certificates held
				  by the person.
005.03
				Admonishments or Reprimands
The Board may issue admonishments or reprimands. Release of
				  information about such orders shall be governed by section 007.
005.04 Filing of Order
A copy of the order directing suspension or revocation shall
				  be filed with the Teacher Certification unit of the
				  Department.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-006 - Reinstatement

Current through June 17, 2024
006.01 Former Public School Certificate
				Holders
The application, filing, and hearing procedures for
				  reinstatement of public school certificates are governed by 95 NAC 2.
006.02 Former Nonpublic School
				Certificate Holders
Upon expiration of the time period fixed in the revocation
				  order of the Board, a person whose nonpublic school certificate has been
				  revoked may petition the Board for reinstatement of his or her
				  certificate.
006.03
				Reinstatement Petition
Petitions to the Board shall be in writing and shall contain
				  the following information:
006.03A The
				venue shown as "BEFORE THE STATE BOARD OF EDUCATION";
006.03B A heading captioned "IN THE MATTER OF
				THE REINSTATEMENT OF:";
006.03C The
				name and address of the applicant;
006.03D The case number and the caption
				"PETITION FOR REINSTATEMENT" under the case number.
006.03E A statement that "The undersigned
				applicant for reinstatement of a revoked Nebraska nonpublic teaching, nonpublic
				administrative, or nonpublic special services counseling certificate alleges:";
006.03E1 Applicant shall set forth the type,
				rank, level, endorsements, and expiration dates of the certificate(s) revoked,
				and his or her social security number.
006.03E2 Applicant shall set forth the Final
				Decision of the Board revoking the certificate(s).
006.03E3 Applicant shall set forth the
				name(s), address(es), and telephone number(s) of all witnesses, including
				applicant, that will testify on behalf of petitioner at the hearing.
006.03E4 Applicant shall set forth the
				name(s), address(es), telephone number(s), and date(s) of employment for all
				employers of applicant during the period of certificate revocation. If
				unemployed for over three months during any time period, the applicant shall
				set forth his or her activities during that time period.
006.03F A statement indicating the applicant
				has fully complied with the Order of Revocation that he or she will not, in the
				future, engage in any practice which is listed in the statutes as grounds for
				revocation or suspension of a certificate, and that he or she is familiar with
				the criteria of professional practices adopted as 92 NAC 27.
006.03G The applicant's signed, dated, and
				notarized affirmation that the statements in the petition are true, correct,
				and complete to the best of his or her knowledge and belief.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 29 - PROFESSIONAL PRACTICES CASE DETERMINATIONS BY THE STATE BOARD › Section 92-29-007 - Publicity

Current through June 17, 2024
007.01 Confidential Matters
The Department may withhold the following records from the
				  public as confidential documents, except as provided in 007.04:
007.01A Personal information regarding a
				student, prospective student, or former student other than routine directory
				information;
007.01B Medical
				records in any form concerning any person;
007.01C Records or documents which represent
				the work product of an attorney or public body;
007.01D Investigative records or documents
				developed or received by the Department relating to possible unprofessional or
				unethical conduct on the part of a school certificate holder; and
007.01E Any other record or document, the
				release of which may cause needless injury to the reputation of a witness,
				complainant, or other person.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
This chapter is adopted pursuant to sections
				  85-1601
				  through
				  85-1658
Revised Statutes of Nebraska
, (R.R.S.) Such sections
				  may be cited as the Private Postsecondary Career School Act.
001.02 Scope of this Chapter
This chapter provides the procedures for the authorization to
				  operate, and accredit private postsecondary career schools in Nebraska, and
				  granting of authority to award associate degrees.
001.03 Related Chapters and Statutes
Chapter 42 of Title 92 of the
Nebraska
				  Administrative Code
(92 NAC 42) provides the procedures for
				  granting permits for agents for private postsecondary career schools. The
				  regulations governing the complaint and investigation procedures for private
				  postsecondary career schools under this chapter are contained in 92 NAC 43. 92
				  NAC 44 contains the procedures for administration of the Tuition Recovery Cash
				  Fund. Copies of these related regulations are available from the Nebraska
				  Department of Education. The procedures and criteria used by the Coordinating
				  Commission for Postsecondary Education for approval of private colleges are
				  contained in Sections
				  85-2401
				  through
				  85-2421
				  R.R.S. and regulations promulgated thereunder.
001.04 Implementation Date
The implementation date will be July 1, 2007 or the effective
				  date of this Chapter, whichever is latter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Administrative Staff
Administrative Staff means those persons hired by the
				  resident director to perform administrative duties for the school.
002.02 Authorization to Operate
Authorization to Operate means approval by the Department to
				  operate a private postsecondary career school in this state.
002.03 Board
Board means the State Board of Education.
002.04 Branch Facility
Branch Facility means a facility which:
002.04A is separate from a principal
				facility;
002.04B offers a full
				program and full student services;
002.04C is under the supervision of an
				on-site director or administrator;
002.04D the ownership, management, and
				control of which are the same as the principal facility, and
002.04D1 which principal facility is
				responsible for the delivery of all services, or
002.04D2 at which education is offered by a
				franchisee of a franchisor authorized to operate as a private postsecondary
				career school pursuant to the Act if the franchisor establishes the course
				curriculum and guidelines for teaching at the franchisee's
				facility.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-003 - Education and Schools Exempted

Current through June 17, 2024
No entity of whatever kind, alone or in concert with others,
				  shall operate, in the State of Nebraska, a private postsecondary career school
				  which is not exempt unless the school has a currently valid authorization to
				  operate.
003.01 The following
				education and schools are exempted from the provisions of the Act and this
				chapter:
003.01A Schools exclusively offering
				instruction at any or all levels from preschool through the twelfth
				grade;
003.01B Education sponsored
				by a bona fide trade, business, professional, or fraternal organization which
				is offered solely for that organization's membership or offered without
				charge;
003.01C Education provided
				by or funded by an employer and offered solely to its employees for the purpose
				of improving such persons in such employment;
003.01D Education solely avocational or
				recreational in nature, as determined by the Department;
003.01E Educational programs offered by a
				charitable institution, organization, or agency as long as such education or
				training is not advertised or promoted as leading toward occupational
				objectives;
003.01F Public
				postsecondary schools established, operated, and governed by this state or its
				political subdivisions or similar entities in other states as determined by the
				Department;
003.01G Schools or
				organizations offering education or instruction that is not part of a degree
				program leading to an associate, a baccalaureate, a graduate, or a professional
				degree which are licensed and regulated by agencies of this state other than
				the department, except that such schools or organizations shall not be exempt
				from the Act (and the provisions of 92 NAC 42 and 44) with respect to agents
				permits and the Tuition Recovery Cash Fund.
003.01H Schools or organizations which offer
				education or instruction and which are licensed and regulated solely by an
				agency of the federal government with respect to curriculum and qualifications
				of instructional staff;
003.01I
				Any postsecondary institution offering or proposing to offer courses or
				programs leading to a baccalaureate, graduate, or professional degree, but
				whose offerings may include associate degree programs, diplomas, and other
				certificates based on the award of college credit, including any such
				institutions that were regulated prior to May 5, 2011, as private postsecondary
				career schools pursuant to the Act;
003.01J Entities exclusively offering
				short-term training; and
003.01K
				Distance education programs offered by out-of-state schools authorized in
				accordance with an interstate reciprocity agreement for the provision of
				postsecondary distance education across state boundaries entered into and
				administered pursuant to subdivisions (5) and (6) of Section
				85-2405,
				R.R.S..
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-004 - Minimum Standards

Current through June 17, 2024
A school shall demonstrate that it can be maintained and
				  operated in accordance with the following provisions:
004.01 Educational Quality
The course content or curriculum shall be designed toward
				  specific preparation for employment which includes the following:
004.01A The program objective shall be
				clearly stated, indicating credentials to be awarded or skills to be
				acquired.
004.01B The curriculum
				objectives shall include development of skills, provision of job related
				training, the imparting of information, and training in the application of
				knowledge.
004.01C The curriculum
				shall be based on the knowledge and skill required in the occupations to enable
				those seeking employment after graduation to secure at least entry level
				positions in the occupation for which they have been trained.
004.01D The curriculum designed for specific
				preparation for employment shall reflect current occupational trends and
				changing needs of job requirements.
004.01E Each course in the curriculum shall
				have a brief description showing the specific knowledge to be learned or skills
				to be acquired.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-005 - Procedures for Authorization to Operate

Current through June 17, 2024
Each private postsecondary career school desiring
				  authorization to operate in Nebraska shall make an application to the
				  Department upon forms supplied by the Department. The forms shall include, but
				  not be limited to, the following information:
005.01 The legal title and name of the
				school;
005.02 The owners,
				ownership structure, controlling officers, and managing employees;
005.02A The names, addresses and current
				status of all schools of which each applicant has previously owned any interest
				in, and currently owns any interest in, and a declaration as to whether any of
				these schools were ever denied accreditation, licensing, or authorization to
				operate from any governmental body or accrediting agency.
005.02B A statement verifying that none of
				the following persons have any felony convictions:
005.02B1 Any persons having twenty-five (25)
				percent or more ownership of the applicant school as provided in section
				004.03;
005.02B2 Resident director
				as defined in section 002.15;
005.02B3 Administrative staff members as
				defined in section 002.01.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-006 - Authorization to Operate

Current through June 17, 2024
Following review of an application for authorization to
				  operate and any information required by the Department, the Commissioner shall
				  either grant or deny authorization to operate. A grant of authorization to
				  operate may be on such terms and conditions as the Commissioner may specify.
				  The authorization to operate shall be issued to the owner or governing body of
				  the applicant school and shall be nontransferable. The school shall display its
				  authorization to operate in a prominent location on its premises.
006.01 The authorization to operate shall
				contain:
006.01A Date of issuance, effective
				date, and term of authorization;
006.01B The full, correct name and location
				of the school so authorized;
006.01C The authority for authorization and
				conditions thereof;
006.01D Any
				limitation of authorization as deemed necessary by the Commissioner;
				and
006.01E The term for which
				authorization is given shall not extend for more than one (1) calendar
				year.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-007 - Renewal Process

Current through June 17, 2024
At least thirty (30) days prior to the expiration of an
				  authorization to operate and upon notification by the Department, the school
				  shall complete and file with the Department an application form for renewal of
				  its authorization to operate. Financial stability information shall accompany
				  the application. The renewal application shall be reviewed and acted upon as
				  provided for an initial application. No authorization issued to any private
				  postsecondary career school shall be renewed unless such school has been
				  accredited by the Department within five (5) years of the date of its initial
				  authorization to operate.
007.01 When
				a school changes the dates of its fiscal year, the Department shall be notified
				in writing within 30 days of the effective date of the change. The school's
				renewal schedule will be changed to reflect the new fiscal year in accordance
				with section 006.04.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-008 - Change of Ownership

Current through June 17, 2024
In the event of a change in ownership of the school, the new
				  owner or governing body shall, within ten (10) days after the change of
				  ownership, apply for a new authorization to operate, and in the event of a
				  failure to do so, the authorization to operate shall terminate. An application
				  for a new authorization to operate by reason of change in the ownership of the
				  school shall be deemed an application for renewal of the school's authorization
				  to operate and regulated by sections 005 and 006.
008.01 When a school has a change of fifty
				(50) per cent or more of the school's stock or assets in one or a series of
				transactions occurring within a three (3) year period, it shall file
				immediately a change of ownership application with the Department. Included in
				the application shall be the following:
008.01A The name, full addresses, and
				corporate titles of all persons or other entities having financial interest of
				twenty-five (25) per cent or more of the ownership; and signed statements that
				to the best of their knowledge such persons have no felony
				convictions.
008.01B A new or
				revised catalog/bulletin or a supplement which describes the changed
				operations;
008.01C A certified
				financial report, including the information required in section
				004.12C for
				schools making original application;
008.01D A fully executed school surety bond
				and a fully executed agents bond or other security agreements as provided in
				section
				005.09B;
008.01E A report on any other changes made in
				the school's organization and operations since the last application was filed
				and approved by the Commissioner;
008.01F A report on arrangements to ensure
				continuing operations and compliance with laws and regulations during the
				change of school ownership;
008.01G
				A copy of the sales agreement or contract showing items and conditions of
				sale.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-009 - Procedures for Accreditation

Current through June 17, 2024
Any private postsecondary career school offering instruction
				  in the State of Nebraska shall, within five (5) years of its initial
				  authorization to operate, apply to the Department for the accreditation of such
				  school. No authorization issued to any private postsecondary career school
				  shall be renewed unless such school has been accredited by the Department
				  within the 5 year time frame. Only accredited schools shall have authority to
				  grant associate or higher degrees.
009.01 Standards
The following minimum requirements must be met:
009.01A The school enrolls students who are
				beyond the age of compulsory school attendance in one or more programs, the
				content of which is of a postsecondary level and leads to postsecondary
				academic credential (e.g., certificate, diploma, associate or higher
				degree);
009.01B The school is
				currently authorized to operate as a private postsecondary career school in the
				state;
009.01C The school offers
				educational programs which help students develop skills and competencies to
				secure gainful employment in trade, business and industry, government or
				service industries;
009.01D The
				school has been in continuous operation for at least two (2) years and has
				graduated students from its programs to enable the assessment of the
				effectiveness of its educational program(s);
009.01E The overall objective of the school
				shall be clearly stated and each program of study shall have clearly defined
				objective(s).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-011 - School Closing

Current through June 17, 2024
A school which is closing, either voluntarily or
				  involuntarily shall take the following actions:
011.01 Inform the Department of this action
				immediately by certified mail;
011.02 Return its authorization to operate to
				the Department immediately upon cessation of instruction or termination of
				authorization status;
011.03 Give
				the Department the name, address and telephone number of the person who will be
				responsible for closing arrangements;
011.04 Furnish the Department with names,
				addresses, and telephone numbers for each student who has not completed his/her
				course of instruction, and the name(s) of the course(s) of instruction in which
				they were enrolled; the amount of class time left to complete the course, and
				the amount of refund, if any, for which each student is eligible;
011.05 Furnish the Department with copies of
				the written notice being mailed to all enrolled students explaining the
				procedures they are to follow to secure refunds or to continue their education,
				and
011.06 File procedures with the
				Department for disbursement of refunds and set a date no later than thirty (30)
				days from last day of instruction to issue refund checks in the full amount to
				which students are entitled.
011.07
				Academic and Financial Records
A member of the school's administrative staff shall cause to
				  be filed with the Department the original or legible true copies of all
				  academic and financial records and such other records of the school as may be
				  specified by the department. These records shall be signed by an authorized
				  official of the school for authenticity.
These records shall be filed alphabetically by the student's
				  last name then first name. Students requesting a copy of his or her transcripts
				  which are on file with the Department will be charged a fee of ten ($10)
				  dollars for each copy requested and received.
011.08 If students are receiving instruction
				prior to the school's closing, the school shall file a plan including the
				information described in this section with the Department to ensure that the
				students will continue to receive training of the same quality and content as
				that for which they contracted.
011.08A
				Arrangements for transferring students to a public or a private postsecondary
				career school authorized to operate shall be filed with the Department prior to
				any student transfer.
011.08B Prior
				to approving the school's arrangements for completing its teaching obligations
				to the students, the Department shall verify that the students transferring
				will receive the same kind of program and instructional services as those for
				which they contracted;
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Section 92-41-012 - Criminal Penalty

Current through June 17, 2024
Section
				  85-1650 R.R.S.
				  provides that any entity or any owner, officer, agent, or employee thereof who
				  willfully violates Section
				  85-1610
				  R.R.S. or refuses to deposit with the Department the records required by
				  Section
				  85-1644
				  R.R.S. shall be guilty of a Class II misdemeanor. Each day's failure to comply
				  with such sections shall be a separate violation.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 41 - PRIVATE POSTSECONDARY CAREER SCHOOLS AUTHORIZATION TO OPERATE › Appendix A - FEES

Current through June 17, 2024
Applications shall be accompanied by the following:
Initial (Inaugural) application to operate: Three hundred
				  sixty dollars ($ 360.00) plus one hundred thirty-five dollars ($ 135.00) per
				  program of study offered.
Regular (Renewal) application for authorization to operate,
				  two hundred twenty dollars ($ 220.00) plus seventy-five dollars ($ 75.00) per
				  program of study offered.
Initial agent's permit for school located in Nebraska, one
				  hundred fifty dollars ($ 150.00).
Agent's permit renewal for school located in Nebraska, one
				  hundred fifty dollars ($ 150.00).
Other fees which must be submitted when applicable
				  include:
Approval to operate a branch facility, one hundred
				  thirty-five dollars ($ 135.00);
Late submission of a regular application for authorization to
				  operate, one hundred forty-nine dollars ($ 149.00);
Accreditation or reaccreditation, three hundred dollars ($
				  300.00);
Initial authorization to award an associate degree, one
				  hundred thirty-five dollars ($ 135.00);
Significant program change, forty dollars ($ 40.00);
Change of name or location, one hundred fifty dollars ($
				  150.00);
Addition of a new program, one hundred thirty-five dollars ($
				  135.00);
Fees for out-of-state schools:
Certificate of Approval to Recruit, one thousand five hundred
				  fifteen dollars ($1, 515.00).
Initial agent's permit for out-of-state schools, three
				  hundred dollars ($ 300.00).
Agent's permit renewal for out-of-state schools, three
				  hundred dollars ($ 300.00).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 42 - PRIVATE POSTSECONDARY CAREER SCHOOLS AGENTS AND ISSUANCE OF CERTIFICATES OF APPROVAL TO RECRUIT › Section 92-42-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
This chapter is adopted pursuant to Sections
				  85-1601
				  through
				  85-1653
				  of the Revised Statutes of Nebraska, (R.R.S.). Such sections may be cited as
				  the Private Postsecondary Career School Act.
001.02 Scope of this Chapter
This chapter provides the procedures for the granting of
				  permits for agents representing private postsecondary career schools in
				  Nebraska and for the standards for issuance of certificates of approval to
				  recruit.
001.03 Related
				Chapters
Chapter 41 of Title 92 of the Nebraska Administrative Code
				  (92 NAC 41) provides the procedures for authorization to operate, and
				  accreditation, of private postsecondary career schools in Nebraska, and
				  granting of authority to award associate degrees. The procedures for hearings
				  arising under this chapter is contained in 92 NAC 43. 92 NAC 44 contains the
				  procedures for administration of the Tuition Recovery Cash Fund. Copies of
				  these related regulations are available from the Nebraska Department of
				  Education.
001.04
				Implementation Date
The implementation date will be July 1, 2007 or the effective
				  date of this Chapter, whichever is latter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 42 - PRIVATE POSTSECONDARY CAREER SCHOOLS AGENTS AND ISSUANCE OF CERTIFICATES OF APPROVAL TO RECRUIT › Section 92-42-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Act
Act shall mean the Private Postsecondary Career School
				  Act.
002.02 Administrative
				Staff
Administrative Staff shall mean those persons hired by the
				  resident director to perform administrative duties for the school.
002.03 Agent
Agent shall mean any person who owns any interest in, is
				  employed by, or regularly represents for remuneration a private postsecondary
				  career school located within or outside this state who
002.03A by solicitation made in this state
				enrolls or seeks to enroll a resident of this state for education offered by
				such school,
002.03B offers to
				award educational credentials for remuneration on behalf of any such school,
				or
002.03C holds himself or herself
				out to residents of this state as representing such a school.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 42 - PRIVATE POSTSECONDARY CAREER SCHOOLS AGENTS AND ISSUANCE OF CERTIFICATES OF APPROVAL TO RECRUIT › Section 92-42-004 - Student Recruitment

Current through June 17, 2024
It is the responsibility of each school to conform with the
				  laws and regulations of this state, and in particular to see that each of its
				  agents working in this state is properly authorized as required by the
				  law.
004.01 A private postsecondary
				school is held accountable to ensure that ethical practices and procedures are
				maintained in the recruitment of students. Ethical procedures include, but are
				not limited to, the following:
004.01A A
				school will permit recruitment only by persons who are under their direct
				control and who adhere to the policies and procedures of the school;
004.01B A school is responsible to its
				students and prospective students for the representations made by its agent and
				therefore selects each agent with the utmost care, provides them with adequate
				training and arranges for constant and proper supervision of their
				work.