reglab/statecodes huggingface dataset:
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 92-42-005 - Procedures for Application for Agent's Permit

Current through June 17, 2024
An applicant for an agent's permit shall be an individual of
				  good reputation and character, and shall represent only private postsecondary
				  career schools which meet the minimum standards established pursuant to 92 NAC
				  41;
005.01 Application
An individual shall fully complete an application form
				  provided by the department.
005.01A An
				applicant shall be required to obtain a separate agent's permit for each school
				represented.
005.01B Failure of an
				applicant to disclose all criminal convictions, including misdemeanors, shall
				be evidence of the lack of good reputation and character, and shall be cause
				for the Commissioner to deny any application or revoke any existing
				permit.
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 92-42-006 - Review of Application

Current through June 17, 2024
Following review of an application for an agent's permit and
				  any further information submitted by the applicant or required by the
				  department and following such investigation of the applicant as the department
				  may deem necessary or appropriate, the commissioner shall either grant or deny
				  an agent's permit to the applicant.
006.01 Agent's Permit
The term for which an agent's permit is issued shall not
				  extend for more than three (3) calendar year(s). All agents permits shall
				  expire on December 31 of the second year following the year of issuance. The
				  agent's permit shall be in a form approved by the department and shall state in
				  a clear and conspicuous manner at least the following information:
006.01A The date of issuance, effective date
				and term;
006.01B The correct name
				and address of the agent; and
006.01C The school which such agent is
				authorized to represent.
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 92-42-008 - Renewal Process

Current through June 17, 2024
At least thirty (30) days prior to the expiration of an
				  agent's permit, the agent shall complete and file with the department an
				  application form for renewal thereof. The renewal application shall be reviewed
				  and acted upon as provided for an initial application.
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 92-42-009 - Effect of Revocation

Current through June 17, 2024
Any agent having a permit revoked, shall be prohibited from
				  soliciting students in this state for any school governed by these regulations
				  for a period of not less than one (1) year following the date of formal action
				  of revocation.
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 › Appendix A - FEES

Current through June 17, 2024
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).
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 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
This chapter is adopted pursuant to sections 79-2801 thru
				  79-2858 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 investigations and
				  hearings involving complaints against private postsecondary career schools
				  which were issued an authorization to operate pursuant to Chapter 41 of Title
				  92 of the Nebraska Administrative Code (92 NAC 41), and complaints against
				  agents of the private postsecondary career schools who were issued agents'
				  permits pursuant to Chapter 42 of Title 92 of the Nebraska Administrative Code
				  (92 NAC 42).
001.03 Related
				Chapters
Chapter 41 of Title 92 of the Nebraska Administrative Code
				  (92 NAC 41) provides the procedures for obtaining an authorization to operate
				  for private postsecondary career schools. Chapter 42 of Title 92 of the
				  Nebraska Administrative Code (92 NAC 42) provides the procedures for issuing
				  permits to agents for private postsecondary career schools. The procedures for
				  hearings arising under these two chapters are contained in this chapter. Copies
				  of these related regulations are available from the Nebraska Department of
				  Education.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 ACT
ACT shall mean Private Postsecondary Career School
				  Act.
002.02 Authorization
				to Operate
Authorization to Operate shall mean approval by the
				  department to operate a private postsecondary career school in this
				  state.
002.03 Board
Board shall mean the State Board of Education.
002.04 Branch Facility
Branch Facility shall mean 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 onsite
				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 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-003 - Complaints and Investigations for Holders of Authorization to Operate and Agents Permits

Current through June 17, 2024
003.01 Complaint Procedures
Any person having an interest in, or information about any
				  act or practice by a private postsecondary career school or an agent, which is
				  a violation of 92 NAC 41, 92 NAC 42, or the ACT, may file a verified written
				  complaint with the commissioner. The complainant shall use the form prescribed
				  by the board, a sample of which is included as Appendix A.
003.02 Contents of Complaint
The complaint shall contain the following information:
003.02A The full name, address, and telephone
				number of the complainant;
003.02B
				The full name, address, and telephone number of the respondent;
003.02C A concise statement of the facts
				which the complainant believes constitutes a violation of 92 NAC 41, 92 NAC 42,
				or the ACT; and
003.02D The full
				name, address, and telephone numbers of any witnesses able to testify as to the
				facts alleged.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-004 - Petitions

Current through June 17, 2024
004.01 Petitions by Commissioner
A petition may be filed by the commissioner if he or she
				  determines, as a result of a complaint, investigation, or as a result of
				  information that he or she receives independent of a complaint or
				  investigation, that:
004.01A The board
				has jurisdiction over the parties and subject matter; and
004.01B The alleged violation is serious
				enough to warrant suspension or revocation of respondent's authorization to
				operate or permit; or
004.01C The
				public interest would be served by a formal hearing; or
004.01D Respondent does not accept an
				admonishment or reprimand.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-006 - 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 may be conducted
				  pursuant to the rules of evidence applicable to the district courts if
				  requested by the party as set forth in Section
				  84-914
				  R.R.S.
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 subpoenas 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 (6) 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 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-007 - 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
				  he 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 If an
				agent's permit is revoked or conditions imposed thereon, the board shall notify
				the school which the agent was permitted to represent, as shown in the records
				of the department, in addition to the notice required to be given to the agent
				and any other parties to the hearing.
007.03 Finality of Board
A decision of the board following a hearing shall be deemed
				  final subject to the right of judicial review provided in 92 NAC 61. All
				  matters presented at any such hearing shall be acted upon promptly by the
				  board, and the board shall notify all parties in writing of its decision, which
				  shall include a statement of findings and conclusions upon all material issues
				  of fact, law, or discretion presented at the hearing,and the appropriate rule,
				  order, sanction, relief, or denial thereof.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-001 - General Information

Current through June 17, 2024
001.01 Statutory Authority
This chapter is adopted pursuant to Section
				  85-1601
				  et. seq. of the
Revised Statutes of Nebraska
(R.R.S.).
001.02 Scope of
				this Chapter
This chapter provides the procedures for the administration
				  of the Tuition Recovery Cash Fund.
001.03 Related Chapters
Chapter 41 of Title 92 of the
Nebraska
				  Administrative Code
(92 NAC 41) provides the procedures for the
				  authorization to operate, and accreditation, of private postsecondary career
				  schools in Nebraska, and granting of authority to award associate degrees.
				  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 procedures for hearings
				  arising under this chapter, 92 NAC 41 or 92 NAC 42, are contained in 92 NAC 43
				  and 92 NAC 61. Copies of these related regulations are available from the
				  Nebraska Department of Education.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-003 - The Following Education and Schools are Exempted

Current through June 17, 2024
The Following Education and Schools are Exempted from the
				  provisions of the Private Postsecondary Career Schools Act and from the
				  provisions of this chapter.
003.01
				Schools exclusively offering instruction at any or all levels from preschool
				through the twelfth grade;
003.02
				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;
003.03
				Education provided by or funded by an employer and offered solely to its
				employees for the purpose improving such persons in such employment;
003.04 Education solely avocational or
				recreational in nature as determined by the Department;
003.05 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;
003.06 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;
003.07 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;
003.08 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;
				and
003.09 Entities exclusively
				offering short-term training, and
003.10 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 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-004 - Schools exempt from the Act, except for provisions with respect to Agents' Permits and the Tuition Recovery Cash Fund

Current through June 17, 2024
004.01 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 are
				exempt from the Act, except that such schools or organizations shall not be
				exempt from the provision of the Act with respect to agents' permits and the
				Tuition Recovery Cash Fund. Such schools are, thus, not exempt from this
				chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-005 - Procedures for the Administration of the Fund

Current through June 17, 2024
005.01 Each private postsecondary career
				school authorized to operate in the state shall pay into the fund in each
				assessment year an amount equal to one-tenth of one percent (.001) of the
				school's gross tuition revenue for the assessment year.
005.02 All payments made into the fund shall
				be maintained by the State Treasurer.
005.02A
				The assets of the fund may not be expended for any purpose other than to pay
				bona fide claims made against the fund except as provided in section 008 of
				this rule.
005.02B The fund shall
				be administered by the Board with advice from the Commissioner.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-006 - Filing of Claims

Current through June 17, 2024
A claim may be filed only if it arises out of the termination
				  of operation by a private postsecondary career school on or after the effective
				  date of this regulation. Claims by students who ceased to be enrolled in
				  classes which continued to be offered by a school after the student ceased
				  enrollment are not eligible claims. Claims may be filed on forms prescribed by
				  the Department with the Board within one (1) year after termination of
				  operation of a school. Claims filed after one (1) year shall not be
				  considered.
006.01 Claims shall be in
				writing on forms provided by the Department and must be forwarded to the
				Nebraska Department of Education, Private Postsecondary Career Schools, and
				Veterans Education Section.
006.02
				Claims shall be accompanied by documents such as receipts, canceled checks, or
				executed enrollment agreements which verify payment of tuition and
				fees.
006.03 Where appropriate
				documentation is not provided and the availability of documentation is beyond
				the control of the claimant, the validity of the claim may be determined based
				on the available evidence.
006.04
				Following receipt of the claim by the Department, the Commissioner or his or
				her designee(s) may investigate and shall review the claim and the Commissioner
				shall make written recommendations regarding the claim to the Board. In
				arriving at the recommendations, the Commissioner or his or her designee(s) may
				request that a claimant submit additional documentation, explanation, and/or
				meet with the Commissioner or his or her designee(s). A copy of the
				Commissioner's written recommendations to the Board shall be mailed to the
				claimant, certified mail, return receipt requested.
006.05 If the claimant disagrees with the
				Commissioner's written recommendations, he or she may request a hearing on the
				recommendations by filing a request with the Board within ten days following
				receipt of the written recommendations pursuant to 92 NAC 61 (Rule
				61).
006.06 If no hearing is
				requested, the Board may act on the recommendation of the Commissioner without
				further notice to the claimant.
006.07 Refunds, if any, shall be made, first,
				to any lender issuing student financial aid on behalf of the claimant or the
				guarantor of such aid, and second, to the claimant. In the event there was no
				financial aid involved, refunds shall be made to the claimant.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-007 - Disbursement of Fund

Current through June 17, 2024
The purpose of the fund is to reimburse tuition and fees due
				  individuals from schools authorized to operate in the state when the school
				  terminates operation. In the event a private postsecondary career school
				  authorized to operate in the state goes into bankruptcy, or for any other
				  reason terminates operation without completing its educational obligations, or
				  reimbursing its individuals for unearned tuition and fees, the Board may
				  authorize the reimbursement to the claimant or lender the unearned tuition and
				  fees paid to that school in accordance with section 006.01.
007.01 Claims against the fund may be paid in
				whole or in part, based upon the extent to which the class objectives were met
				for each claimant, and taking into account considerations including but not
				limited to:
007.01A Acceptance by the
				claimant of "teach-out" program;
007.01B Amounts available and likely to
				become available to the fund for payment of claims;
007.01C Total amount and number of claims
				presented or reasonably likely to be presented in the future;
007.01D Total amount and number of claims
				caused by the termination of operation of a school;
007.01E Amounts paid out from the fund on
				claims in the past;
007.01F The
				total amount of monies paid to the school by identified or prospective
				claimants.
007.01G When the school
				holds a surety bond, the claimant first shall file a claim against the surety
				bond holder or against the holder of such other security agreement which the
				school has filed with the Department under 92 NAC 41.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-008

Current through June 17, 2024
When the fund exceeds the maximum of $ 500, 000.00, funds in
				  excess of the maximum level shall be used as directed by the State Board of
				  Education to provide grants or scholarships for students attending private
				  postsecondary career schools.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-009 - "Teach-Out" Programs

Current through June 17, 2024
A claimant may accept a "teach-out" program in lieu of a
				  refund of tuition and fees.
009.01 Any
				school may submit to the Department on forms provided by the Department a
				"teach-out" program to be offered to a claimant.
009.02 The Department shall forward the
				offered "teach-out" program to the claimant.
009.03 A claimant may accept the "teach-out"
				program in lieu of a refund of tuition and fees by completing the forms and
				returning them to the Department.
009.04 Acceptance of a "teach-out" program by
				a claimant shall constitute a release by the claimant of all his or her claim
				for a refund from the fund.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND › Section 92-44-010 - Penalty

Current through June 17, 2024
The authorization to operate of any private postsecondary
				  career school which fails to comply with the provisions of this rule shall be
				  subject to revocation pursuant to 92 NAC 43 (Rule 43).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 47 - REGULATIONS FOR CAREER ACADEMY PROGRAMS ESTABLISHED BY SCHOOL DISTRICTS › Section 92-47-001 - General Provisions

Current through June 17, 2024
001.01 Statutory Authority
This Chapter is adopted pursuant to Section
				  79-777,
				  and
				  79-318
				  of the
Revised Statutes of Nebraska
(R.R.S.).
001.02 Scope and Application of
				this Rule
This Chapter governs the (a) establishment, evaluation and
				  continuing approval of Career Academy Programs; (b) career based curriculum
				  utilized by the Career Academy Programs; (c) necessary data elements and
				  collection of data pertaining to Career Academy Programs including but not
				  limited to, the number of students enrolled in a Career Academy Programs and
				  their grade levels; and (d) the establishment of advisory boards consisting of
				  business and education representatives to provide guidance and direction for
				  the operation of Career Academy Programs under the provisions of Sections
				  79-777,
				  and
				  79-318
				  R.R.S.
001.03 Intent
This Chapter provides for the approval and continued
				  operation of any Career Academy Program that is established by a school
				  district.
001.04 Related
				Regulations
In addition to the requirements of this Chapter, public
				  school districts are also governed by regulations contained in Title 92,
Nebraska Administrative Code
(NAC), Chapter 10,
				  dealing with the accreditation of schools; 92 NAC Chapters 21 and 24 dealing
				  with teacher certification and endorsement; and 92 NAC Chapter 51 dealing with
				  special education programs.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 47 - REGULATIONS FOR CAREER ACADEMY PROGRAMS ESTABLISHED BY SCHOOL DISTRICTS › Section 92-47-003 - Specific Requirements for Initial Approval and Continued Operation of Career Academy Programs Established by School Districts

Current through June 17, 2024
003.01 Planning for Initial Approval
Each school district establishing a Career Academy Program
				  shall conduct a planning process to be completed prior to submitting the
				  application for initial approval. The planning process shall include the
				  following:
003.01A Establish a Career
				Academy Program Taskforce consisting of representatives of education, business,
				industry and the community to assist in conducting the planning process which
				shall include but is not limited to:
003.01A1
				Evaluation of the applicant district's current career technical education
				Program of Study offerings, career guidance, and extended learning
				opportunities.
003.01A2
				Identification of needed Career Academy Program's Program(s) of Study based on
				regional and state workforce and economic development needs.
003.01A3 Identification of technical skill
				assessment, industry certifications, work-based learning, career student
				organization and extended learning opportunities that could be available
				through a Career Academy Program's Program of Study.
003.01A4 Identification of the potential for
				alignment of career academy Programs of Study to postsecondary educational
				institution(s) offering instruction in the same Career Cluster.
003.01A5 Identification of needed staffing
				and professional development.
003.01A6 Identification of private entity
				partners and potential resources.
003.01A7 Identification of the opportunities
				for collaboration with other district(s), Educational Service Unit(s), Learning
				Community, postsecondary educational institution(s) or private entity(s) in the
				establishment and operation of the Career Academy Program.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 47 - REGULATIONS FOR CAREER ACADEMY PROGRAMS ESTABLISHED BY SCHOOL DISTRICTS › Section 92-47-004 - Career Academy Program Initial Approval Process

Current through June 17, 2024
004.01 Career Academy Program Initial
				Application
Each school district establishing a Career Academy Program
				  under this chapter shall submit an application electronically via the
				  Department portal by September 1 of the school year preceding the start of the
				  Career Academy Program. The Career Academy Program application must document
				  each of the following components:
004.01A Planning as required in 003.01A1 -
				003.01A7;
004.01B Curriculum as required in
				003.02A;
004.01C Career Development as required in
				003.02B;
004.01D Career Student Organization as
				required in
				003.02C;
004.01E Work-Based Learning as required in
				003.02D;
004.01F Recruitment of Students as required
				in
				003.02E;
004.01G Instructors as required in
				003.02F;
				and
004.01H Advisory Board as
				required in 003.04.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 47 - REGULATIONS FOR CAREER ACADEMY PROGRAMS ESTABLISHED BY SCHOOL DISTRICTS › Section 92-47-005 - Career Academy Program Approval for Continued Operation

Current through June 17, 2024
005.01 Career Academy Program Annual Report
An Annual Career Academy Program Report Form shall be
				  submitted electronically via the Department portal by the district by August
				  1.
005.01A The report shall include
				the following information from the prior school year:
005.01A1 Compliance with Career Academy
				Program required components as defined in Section 003.02 of this
				Chapter.
005.01A2 Description of
				Career Academy Program accomplishments that may include student and stakeholder
				satisfaction.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-001 - Declaration of Responsibility

Current through June 17, 2024
Neb. Rev. Stat. §
									79-1127 declares, "The board of
				  education of every school district shall provide or contract for special
				  education programs and transportation for all resident children with
				  disabilities who would benefit from such programs."
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-002 - Statutory Authority

Current through June 17, 2024
This Chapter is adopted pursuant to the statutory authority
				  vested in the Nebraska Department of Education in Neb. Rev. Stat. §
									79-1160 which declares, "The State
				  Department of Education shall adopt, promulgate and publish rules and
				  regulations necessary to carry out the Special Education Act" and in Neb. Rev.
				  Stat. §§
									79-318 and
				  79-319.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-004 - Responsibility for Special Education Programs

Current through June 17, 2024
004.01 All
				providers of special education services shall be under the general supervision
				of the Nebraska Department of Education for the purpose of meeting the
				standards of this Chapter. School districts and approved cooperatives shall
				ensure that all children with verified disabilities, from birth through the
				school year in which the child reaches age twenty-one, including children who
				have been suspended or expelled from school, have available to them a free
				appropriate public education (FARE) which includes special education and
				related services to meet their unique needs. School districts and approved
				cooperatives responsibility to ensure the availability of FARE includes
				ensuring the availability of FARE for resident children in detention
				facilities, correctional facilities, jails, and prisons.
004.02 The school district or approved
				cooperative shall ensure that FARE is available to any individual child with a
				disability who needs special education and related services, even though the
				child has not failed or been retained in a course or grade and is advancing
				from grade to grade.
004.02A The determination
				that a child described in 92 NAC 51-004.02 is eligible under this Chapter must
				be made on an individual basis by the multidisciplinary evaluation
				team.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-005 - Early Childhood Services for Children with Disabilities Birth to Age Five

Current through June 17, 2024
005.01 Each school district or approved
				cooperative shall demonstrate participation in a plan of services for children
				with disabilities who are less than five years of age. Such plans shall be
				prepared by each planning region and be updated annually and shall address:
005.01A Gaps and barriers in service
				delivery;
005.01B Child Find;
005.01C Training and technical
				assistance;
005.01D Parent
				involvement; and
005.01E
				Resources.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-006 - Identification of Children with Disabilities, Multidisciplinary Teams and Reporting of Diagnostic Data

Current through June 17, 2024
006.01 Child Find
006.01A All children with disabilities
				residing in the state, including children with disabilities who are homeless
				children or wards of the State and children with disabilities attending
				nonpublic schools, regardless of the severity of their disabilities, and who
				are in need of special education and related services, shall be identified,
				located, and evaluated and a practical method shall be developed and
				implemented to determine which children with disabilities are currently
				receiving needed special education and related services.
006.01A1 The child find requirements apply to
				highly mobile children including migrant children.
006.01A2 The child find requirements also
				apply to a child who is suspected of being a child with a disability under 92
				NAC 51-003.08 and in need of special education, even though the child is
				advancing from grade to grade.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-007 - Individualized Education Program (lEP)

Current through June 17, 2024
007.01 An lEP shall
				be developed, reviewed, revised, and implemented for each child who receives
				special education and related services. In order to fulfill the requirements of
				92 NAC 51-007.01 for infants and toddlers, school districts or approved
				cooperatives shall meet the requirements of 92 NAC 52. FAPE is provided to
				infants and toddlers with a disability in accordance with an IFSP rather than
				an lEP. The requirements for contents of the IFSP apply rather than the
				requirements for the contents of an lEP. All other substantive rights and
				protections established under special education laws apply to infants and
				toddlers with disabilities receiving FAPE in accordance with an IFSP.
007.02 School districts or approved
				cooperatives must provide special education and related services to a child
				with a disability in accordance with the child's lEP.
007.02A At the beginning of each school year,
				each school district or approved cooperative shall have an lEP in effect for
				each child with a verified disability within its jurisdiction.
007.02A1 From the end of the school year in
				which a child reaches age 3, until the child's sixth birthday, the lEP team
				must consider an IFSP that contains the IFSP content (including the natural
				environments statement) described in 92 NAC 52 (including an educational
				component that promotes school readiness and incorporates preliteracy,
				language, and numeracy skills for children with an IFSP who are at least three
				years of age), and that is developed in accordance with the lEP procedures. The
				IFSP may serve as the lEP of the child, if using the IFSP as the lEP is agreed
				to by the school district or approved cooperative and the child's
				parents.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-009 - Procedural Safeguards

Current through June 17, 2024
009.01 Parent
				Participation in Meetings
009.01A The parents
				of a child with a disability must be afforded an opportunity to participate in
				meetings with respect to the identification, evaluation, and educational
				placement of the child and the provision of FAPE to the child.
009.01B Each school district or approved
				cooperative must provide notice consistent with 92 NAC 51-007.06A1 and 007.06B
				to ensure that parents of children with disabilities have the opportunity to
				participate in meetings described in 92 NAC 51-009.01 A.
009.01C A meeting does not include informal
				or unscheduled conversations involving school district or approved
				cooperative's personnel and conversations on issues such as teaching
				methodology, lesson plans, or coordination of service provision. A meeting also
				does not include preparatory activities that school district or approved
				cooperative's personnel engage in to develop a proposal or response to a parent
				proposal that will be discussed at a later meeting.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-011 - School District Budget Development and Reimbursement Process for School Age Programs

Current through June 17, 2024
011.01 General
				Information
011.01A The special education
				assurances and flexible funding application of a school district and approved
				cooperative shall be submitted electronically via the NDE website to the Office
				of Special Education. Any amendment to the assurances and flexible funding
				application shall be subject to the same review as the initial assurances and
				flexible funding application.
011.01A1 The
				fiscal year for school age special education programs shall be September 1 to
				August 31.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-014 - Special Education Transportation

Current through June 17, 2024
014.01 The board of
				education shall furnish one of the following types of services to children with
				disabilities who are residents of the school district:
014.01A Provide transportation for any child
				with a disability who is forced to leave the school district temporarily
				because of lack of educational services; and
014.01B Provide transportation within the
				school district for any child with a disability who is enrolled in a special
				education program of the district when either:
014.01B1 The child is required to attend a
				facility other than what would be the normal school of attendance of the child
				to receive appropriate special education services; or
014.01B2 The nature of the child's disability
				is such that special education transportation is required.
014.01C The board of education shall provide
				transportation for all children with disabilities birth to age five including
				children birth to age five who are wards of the court.
014.01D Transportation for Parentally-Placed
				Non-Public School Children
014.01D1 If
				necessary for the child to benefit from or participate in the services provided
				under this Chapter, a parentally-placed nonpublic school child with a
				disability must be provided transportation:
014.01D1a From the child's school or the
				child's home to a site other than the nonpublic school; and
014.01D1b From the service site to the
				nonpublic school, or to the child's home, depending on the timing of the
				services.
014.01D2 School
				districts or approved cooperatives are not required to provide transportation
				from the child's home to the nonpublic school.
014.01D3 The cost of transportation may be
				included in calculating whether the school district or approved cooperative has
				met the requirement of 92 NAC 51-012.08.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-015 - Children with Disabilities Attending Nonpublic Schools

Current through June 17, 2024
015.01 Children Placed In or Referred To a
				Nonpublic School or Facility by the School District or Approved Cooperative As
				a Means of Providing Special Education and Related Services
015.01A School districts or approved
				cooperatives shall ensure that a child with a disability who is placed in or
				referred to a nonpublic school or facility by a school district:
015.01A1 Is provided special education and
				related services in conformance with an lEP that meets the requirements of
				Section 007 at no cost to the parents;
015.01A2 Is provided an education that meets
				the standards that apply to education provided by the school district or
				approved cooperative including the requirements of this Chapter except 92 NAC
				51-003.62; and
015.01A3 Has all of
				the rights of a child with a disability who is served by a school district or
				approved cooperative.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-016 - Disciplinary Removai of Children with Disabilities

Current through June 17, 2024
016.01
				Change of Placement for Disciplinary Removals
016.01A For the purpose of removals of a
				child with a disability from the child's current educational placement under
				Section 016, a change of placement occurs if:
016.01A1 The removal is for more than 10
				consecutive school days; or
016.01A2 The child is subjected to a series
				of removals that constitute a pattern:
016.01A2a Because the series of removals
				total more than 10 school days in a school year;
016.01A2b Because the child's behavior is
				substantially similar to the child's behavior in previous incidents that
				resulted in the series of removals; and
016.01A2c Because of such additional factors
				as the length of each removal, the total amount of time the child has been
				removed, and the proximity of the removals to one another.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-001 - Declaration of Responsibility

Current through June 17, 2024
Neb. Rev. Stat.
43-2507 requires
				  planning for FAPE early intervention services shall be the responsibility of
				  each collaborating agency. The planning shall address a statewide FAPE early
				  intervention services program (EISP) of comprehensive, coordinated,
				  family-centered, community based, and culturally competent FAPE early
				  intervention services to all eligible infants or toddlers with disabilities and
				  their families in Nebraska.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-002 - Statutory Authority

Current through June 17, 2024
This Chapter is adopted pursuant to the statutory authority
				  vested in the Nebraska Department of Education in
Neb. Rev.
				  Stat.
43-2516, 43-2507.02, 79-1160, 79-318, and
				  79-319.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES › Section 92-52-004 - Responsibility for Early Intervention

Current through June 17, 2024
004.01 General Responsibility
004.01A Early identification of infants and
				toddlers with disabilities is provided by the Co-Lead Agencies through a public
				awareness campaign and a central directory.
004.01B School districts and approved
				cooperatives shall provide early identification of infants and toddlers with
				disabilities through the child find activities described in Section 006.01
				through
				006.01C of this
				Chapter.
004.01C School districts
				and approved cooperatives shall provide, at no cost to families, evaluations
				and assessments of infants and toddlers who are referred because of possible
				disabilities in order to determine eligibility for early intervention
				services.
004.01D Services
				coordination services and the development of the IFSPs are provided to infants
				and toddlers with disabilities at no cost to families by the Department of
				Health and Human Services pursuant to 480 NAC 10.
004.01E School districts and approved
				cooperatives shall provide FAPE early intervention services (those early
				intervention services that are part of FAPE under 92 NAC 51) to eligible
				infants and toddlers with disabilities at no cost to families.
004.01F For other early intervention services
				not mandated by the Special Education Act (early intervention services that are
				not part of FAPE under 92 NAC 51) and not paid for through any other source,
				including, but not limited to, insurance, Medicaid, or third-party payor,
				payment for such services shall be the responsibility of the parent, guardian,
				or other person responsible for the eligible infant or toddler.
004.01G Each school district or approved
				cooperative that has a direct role in the provision of FAPE early intervention
				services is responsible for making a good faith effort to assist each eligible
				child in achieving the outcomes in the child's IFSP. However, 92 NAC 52 does
				not require that any school district or approved cooperative be held
				accountable if an eligible child does not achieve the growth projected in the
				child's IFSP.