Chapter 79 — SCHOOLS
1,288 sections in this chapter.
Neb. Rev. Stat. § 79-1088 School districts; uniform system of accounting; duty of State Department of Education to prescribe.
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The State Department of Education shall prescribe a uniform system of accounting to which all public school districts in the State of Nebraska shall adhere.
Neb. Rev. Stat. § 79-1089 Audit by public accountant or certified public accountant; report; failure to comply; effect.
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In each school district the school board shall cause to be examined annually by a public accountant or by a certified public accountant all financial records which are maintained directly or indirectly in the administration and management of public school funds. Rules and regulat…
Neb. Rev. Stat. § 79-1089.01 Database of financial information; Department of Administrative Services; school districts; duties.
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(1) The Department of Administrative Services shall develop, maintain, and make available for public inspection on its website a database of financial information from all school districts in the state. The information required shall include, but not be limited to, revenue source…
Neb. Rev. Stat. § 79-1090 Failure to approve budget; superintendent; duties.
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When a school board of any class of school district fails to approve a school district budget on or before the date required by subsection (1) of section 13-508, the superintendent of the school district shall prepare and file a budget document in accordance with the Nebraska Bud…
Neb. Rev. Stat. § 79-1091 School district; fiscal year.
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The fiscal year of each school district shall commence on September 1 in each year and end on August 31 of each year.
Neb. Rev. Stat. § 79-1092 Cities changing classification; school funds; to whom payable; how used.
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All money arising from any source whatever which is payable to the school fund of any city of the primary class or city of the first class which may become a city of the metropolitan class, or any money which is required to be set apart by the treasurer of any such city for the s…
Neb. Rev. Stat. § 79-1093 Class I, II, III, IV, or V school district; machine accounting and payroll processing; disbursing of funds; board of education; contract.
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(1) The board of education of a Class I, II, III, IV, or V school district may contract for (a) machine accounting and payroll processing services, (b) disbursing school funds as ordered by the board of education, (c) paying net salaries or wages earned by professional and other …
Neb. Rev. Stat. § 79-1094 District maintaining more than one school; closing, when authorized.
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The school board of any district maintaining more than one school may close any school or schools within such district and may make provision for the education of children either in another school of the district, in the school of any other district, or by correspondence instruct…
Neb. Rev. Stat. § 79-1095 Eminent domain; power of district to exercise.
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Every school district shall have power to exercise the right of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Neb. Rev. Stat. § 79-1096 Eminent domain; amount and character of land authorized to be taken; public hearing; notice.
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Not more than fifty acres for a school site may be taken under the provisions of section 79-1095. Public parks and county or district fairgrounds shall not be subject to be so taken. A public hearing shall be held on the question of such taking. Notice of such public hearing shal…
Neb. Rev. Stat. § 79-1097 Eminent domain; location upon state school land; authority of district to purchase.
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When a school district desires to locate a schoolhouse on school lands belonging to the state, it may purchase not less than one acre and not more than ten acres per school site and shall receive a deed for such land from the state.
Neb. Rev. Stat. § 79-1098 Schoolhouse; erection or improvement; equipment; special tax.
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Whenever it is deemed necessary (1) to erect a schoolhouse or school building or an addition or additions and improvements to any existing schoolhouse or (2) to purchase equipment for such schoolhouse or school buildings, in any school district in this state the school board may …
Repealed. Laws 2018, LB377, § 87.
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[Repealed or reserved.]
Repealed. Laws 1998, Spec. Sess., LB 1, § 62.
Neb. Rev. Stat. § 79-1101 Legislative findings and intent; terms, defined.
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(1) The Legislature finds and declares that: (a) Early childhood education programs can assist children in achieving their potential as citizens, workers, and human beings and can strengthen families; (b) early childhood education has been proven to be a sound public investment o…
Neb. Rev. Stat. § 79-1102 Early Childhood Training Center; established; purpose; duties; statewide training program; established.
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(1) An Early Childhood Training Center shall be established within the State Department of Education. The purpose of the center is to train individuals who provide education and development activities for infants and young children and their parents. The center, taking into consi…
Repealed. Laws 2013, LB 495, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1103 Early Childhood Education Grant Program; established; administration; priorities; programs; requirements; report; hearing; endowment agreement; effect.
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(1)(a) The State Department of Education shall establish and administer the Early Childhood Education Grant Program. Upon the effective date of an endowment agreement, administration of the Early Childhood Education Grant Program with respect to programs for children from birth t…
Neb. Rev. Stat. § 79-1104 Before-and-after-school or prekindergarten services; transportation services; school board; powers and duties.
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(1) Any school board in its discretion may (a) establish and financially support programs providing before-and-after-school or prekindergarten services, to which attendance shall be voluntary and which the board may deem beneficial to the education of prekindergarten or school-ag…
Neb. Rev. Stat. § 79-1104.01 Nebraska Early Childhood Education Endowment; endowment provider; requirements; endowment agreement; Early Childhood Education Endowment Fund; Early Childhood Education Endowment Cash Fund; created; investment.
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(1) Within ninety days after July 14, 2006, the State Department of Education shall request proposals from private endowments with experience in managing public and private funds for the benefit of children and families in multiple locations in Nebraska to be the endowment provid…
Neb. Rev. Stat. § 79-1104.02 Early Childhood Education Endowment Cash Fund; use; grants; program requirements.
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(1) The Early Childhood Education Endowment Cash Fund, consisting of the interest, earnings, and proceeds from the Early Childhood Education Endowment Fund and the earnings from the private endowment created by the endowment provider and any additional private donations made dire…
Neb. Rev. Stat. § 79-1104.03 Early Childhood Education Endowment Board of Trustees; created; administrative support.
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To administer the Early Childhood Education Grant Program with respect to children from birth to age three, the Early Childhood Education Endowment Board of Trustees is created. For administrative support and budgetary purposes only, the board of trustees shall be within the Stat…
Neb. Rev. Stat. § 79-1104.04 Board of trustees; members; terms; expenses.
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(1) The board of trustees shall include the following six members: (a) The Commissioner of Education or his or her designee; (b) The chief executive officer of the Department of Health and Human Services or his or her designee; and (c) The following persons appointed by the Gover…
Neb. Rev. Stat. § 79-1104.05 Early Childhood Education Endowment Fund; funding.
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The Early Childhood Education Endowment Fund shall consist of any funds allocated to the Early Childhood Education Endowment Fund from funds belonging to the state for educational purposes described in Article VII, section 7, of the Constitution of Nebraska.
Neb. Rev. Stat. § 79-1105 State Department of Education; education for learners with high ability; consultant; employ.
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The State Department of Education has authority to employ a full-time consultant trained and experienced in the field of education for learners with high ability. Such consultant shall encourage, advise, and consult with each school of the state in the development and implementat…
Neb. Rev. Stat. § 79-1106 Learners with high ability; purpose of sections.
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The purpose of sections 79-1106 to 79-1108.03 is to assist and encourage all school districts in the development, improvement, and implementation of accelerated or differentiated curriculum programs that will serve the educational needs of learners with high ability at levels app…
Neb. Rev. Stat. § 79-1107 Learners with high ability; terms, defined.
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For purposes of sections 79-1106 to 79-1108.03: (1) Approved accelerated or differentiated curriculum programs means academic programs that serve the educational needs of learners with high ability developed and approved under section 79-1108; (2) Department means the State Depar…
Neb. Rev. Stat. § 79-1108 Learners with high ability; identification and programs.
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Each school district shall identify learners with high ability and may provide accelerated or differentiated curriculum programs that will address the educational needs of the identified students at levels appropriate for the abilities of those students. The accelerated or differ…
Neb. Rev. Stat. § 79-1108.01 Learners with high ability; school districts; duties.
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School districts shall annually provide the department with a copy of their criteria for identifying learners with high ability, the number of students identified according to the criteria, and the number of students participating in an approved accelerated or differentiated curr…
Neb. Rev. Stat. § 79-1108.02 Learners with high ability; curriculum programs; funding.
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(1) The department shall, annually on or before October 15, distribute funds appropriated for purposes of this section to (a) local systems as defined in section 79-1003 or (b) a combination of school districts. The funds distributed pursuant to this section shall be distributed …
Neb. Rev. Stat. § 79-1108.03 Learners with high ability; rules and regulations.
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The State Board of Education shall adopt and promulgate rules and regulations to implement sections 79-1105 to 79-1108.03, including criteria for the approval of accelerated or differentiated curriculum programs, consistent methods for identification of learners with high ability…
Repealed. Laws 1997, LB 347, § 59.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1110 Act, how cited.
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Sections 79-1110 to 79-1167 shall be known and may be cited as the Special Education Act.
Neb. Rev. Stat. § 79-1111 Legislative intent.
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It is the intent of the Legislature that all children in the State of Nebraska, regardless of physical or mental capacity, are entitled to a meaningful educational program.
Repealed. Laws 1998, LB 904, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1113 Definitions, where found.
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For purposes of the Special Education Act, unless the context otherwise requires, the definitions found in sections 79-1114 to 79-1125.01 shall be used.
Neb. Rev. Stat. § 79-1114 Adjusted average per pupil cost of the preceding year, defined.
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Adjusted average per pupil cost of the preceding year means the amount computed by dividing the total instructional expenditure, excluding special education expenditures, by the preceding year's average daily membership as reported in the annual financial report. The costs of sec…
Neb. Rev. Stat. § 79-1115 Allowable costs, defined.
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Allowable costs means salaries, wages, benefits, any medical expenditure by a school district for purposes of providing individualized education plan services for a special education student and health protection to the provider of the services, and maintenance, supplies, travel,…
Neb. Rev. Stat. § 79-1115.01 Assistive technology device, defined.
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Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf or modified or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
Neb. Rev. Stat. § 79-1116 Average per pupil cost of the service agency, defined.
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Average per pupil cost of the service agency means the amount computed by dividing the total operating expenditure of the preceding year, excluding the cost of sectarian instruction, of the service agency by its preceding year's average daily membership.
Neb. Rev. Stat. § 79-1117 Child with a disability, defined.
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Child with a disability means any person having a disability listed in section 79-1118.01 that has been verified pursuant to sections 79-1137 to 79-1139 from the date of such verification until he or she is twenty-one years of age or, if his or her twenty-first birthday occurs du…
Neb. Rev. Stat. § 79-1118 Department, defined.
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Department means the State Department of Education.
Neb. Rev. Stat. § 79-1118.01 Disability, defined; diagnosis.
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Disability means an impairment which causes a child to be identified as having at least one of the conditions defined in this section and causes such child to need special education and related services. For purposes of this section: (1) Autism means a developmental disability si…
Neb. Rev. Stat. § 79-1119 Excess cost, defined.
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Excess cost means the difference between the total cost of the special education program excluding residential care minus the product of the number of students in the special education program multiplied by the adjusted average per pupil cost of the preceding year for the school …
Neb. Rev. Stat. § 79-1119.01 Interim-program school, defined.
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Interim-program school means a school approved by the State Board of Education and located in or operated by (1) a county detention home established under section 43-2,110, (2) a juvenile emergency shelter, or (3) any institution which is a public or private facility, not owned o…
Transferred to section 79-1118.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1121 Related services, defined.
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Related services means transportation services and such developmental, corrective, and other supportive services, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, and medical and counseling services, as may be requir…
Neb. Rev. Stat. § 79-1122 Residential care, defined.
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Residential care means food and lodging and any other related expenses which are not a part of the education program, but residential care does not include expenditures for medical or dental services. Expenditures for medical and dental services shall be the responsibility of the…
Repealed. Laws 2000, LB 1243, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1124 Service agency, defined.
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Service agency means the school district, educational service unit, local or regional office of intellectual disability, interim-program school, or some combination thereof or such other agency as may provide a special education program approved by the State Department of Educati…