Chapter 79 — SCHOOLS
1,288 sections in this chapter.
Neb. Rev. Stat. § 79-1125 Special education, defined.
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Special education means specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. …
Neb. Rev. Stat. § 79-1125.01 Support services, defined.
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Support services means preventive services for a student that is not identified or verified pursuant to sections 79-1118.01, 79-1138, and 79-1139 but demonstrates a need for specially designed assistance in order to benefit from the school district's general education curriculum …
Neb. Rev. Stat. § 79-1126 Act; to whom applicable; Division of Vocational Rehabilitation; duties.
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The Special Education Act applies to a child with a disability until the child no longer meets the definition of a child with a disability. The Division of Vocational Rehabilitation of the department shall, in compliance with federal guidelines, assume responsibility for the trai…
Neb. Rev. Stat. § 79-1127 Special education; school board; duties.
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The school board 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 in accordance with the Special Education Act and all applicable requirements of t…
Neb. Rev. Stat. § 79-1128 Use of funds; failure to offer acceptable program; effect.
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Any program receiving funds under the Special Education Act shall not use such funds to match state funds under the provisions of other programs. The members of the school board of any school district not offering continuous special education programs acceptable to the State Boar…
Neb. Rev. Stat. § 79-1129 Children with disabilities; types of services to be furnished; transportation; reimbursement; special instruction.
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(1) The school board of the resident school district shall provide one of the following types of services to children with disabilities: (a) Provide for the transportation expenses for children with disabilities who are forced to leave the school district temporarily because of l…
Neb. Rev. Stat. § 79-1130 Transportation services; legislative intent; department; duties; cooperative arrangement.
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(1) It is the intent of the Legislature that transportation services for children with disabilities prescribed in section 79-1129 shall be provided in the most cost-efficient manner consistent with the goal of providing free appropriate special education to all such children. The…
Neb. Rev. Stat. § 79-1131 Education programs; children with disabilities who are less than five years of age; voluntary.
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Participation in or attendance at programs by children with disabilities who are less than five years of age shall be voluntary as specified by the parent or guardian. Programs serving children with disabilities who are less than three years of age shall, to the greatest extent p…
Neb. Rev. Stat. § 79-1132 Special education programs; children less than five years of age; department provide grants.
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The department shall provide grants for the costs of the special education programs approved by the department to the school district of residence for children with disabilities who are less than five years of age.
Neb. Rev. Stat. § 79-1133 Special education programs; student less than five years of age; school district; amount paid to service agency; determination.
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Each school district shall pay an amount equal to the average per pupil cost of the service agency of the preceding year or the cost as agreed upon pursuant to the contract to the agency providing the educational program for every child with a disability who is less than five yea…
Repealed. Laws 1999, LB 813, § 62.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1135 Children with disabilities who are less than five years of age; regional plan of services; school district; participation; supplementary amendments.
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Each school district shall demonstrate participation in a plan of services for children with disabilities who are less than five years of age. Such plans shall be prepared on a regional basis as determined by the department and updated annually. The content of plans shall be pres…
Neb. Rev. Stat. § 79-1136 Sections, how construed.
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Sections 79-1131 to 79-1136 do not prevent funding from sources other than the public schools for the program for children with disabilities who are less than five years of age.
Neb. Rev. Stat. § 79-1137 Legislative findings and intent.
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The Legislature finds and declares that there is a need to establish a process and criteria to assess, identify, and verify children who may require special education. Research-based criteria and a rational process for the assessment of children who may require special education …
Neb. Rev. Stat. § 79-1138 Disabilities; assessment, identification, and verification of need for services; Commissioner of Education; duties.
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(1) The State Board of Education shall adopt and promulgate rules and regulations establishing criteria for the assessment, identification, and verification of all disabilities defined in section 79-1118.01 to the extent that such disabilities are consistent with federal law and …
Neb. Rev. Stat. § 79-1139 Special education programs and services; children eligible.
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Each school district shall include only students identified and verified pursuant to sections 79-1137 and 79-1138 in special education programs and shall not provide special education services pursuant to the Special Education Act to any child who has not been so identified and v…
Neb. Rev. Stat. § 79-1140 School district; amount paid to service agency; determination.
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Except as provided in sections 79-232 to 79-246, each school district shall pay an amount equal to the average per pupil cost of the service agency of the preceding year or the cost as agreed upon pursuant to the contract to the agency providing the educational program for every …
Repealed. Laws 1999, LB 813, § 62.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1142 Department; reimbursement for special education programs and support services; to whom; manner; limitations; transfers.
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(1) Level I services refers to services provided to children with disabilities who require an aggregate of not more than three hours per week of special education services and support services and includes all administrative, diagnostic, consultative, and vocational-adjustment co…
Neb. Rev. Stat. § 79-1143 Fiscal year for purposes of act.
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The fiscal year for all programs reimbursed pursuant to the Special Education Act shall begin on September 1 of each year and end on August 31 of the following year. Funds appropriated for any period ending on June 30 of a given year for actual transportation expenses for childre…
Neb. Rev. Stat. § 79-1144 Children with disabilities; education; funds; department; expenditures authorized.
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(1) Funds shall be appropriated by the Legislature to carry out sections 79-1142 to 79-1144 and 79-1147 and included in the budget of the department. The department is authorized to expend such funds upon proper vouchers approved by the department and warrants issued by the Direc…
Neb. Rev. Stat. § 79-1145 Special education programs and support services; appropriations; calculations.
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(1) For purposes of this section: (a) Nonreimbursable expenditure means an expenditure included within the total allowable excess cost for all special education programs and support services as submitted to the department on or before the first October 31 following the school fis…
Neb. Rev. Stat. § 79-1146 Handicapped children; school district; educational service unit; contract for services.
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The school district or educational service unit which received such funds as provided in section 79-1144 may contract with another school district, educational service unit, state school, or public agency.
Neb. Rev. Stat. § 79-1147 Temporary residential care; payment by state; when.
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Whenever a child with a disability must temporarily reside in a residential facility, boarding home, or foster home in order to receive an appropriate special education program, the State of Nebraska shall provide for the ordinary and reasonable cost of the residential care durin…
Neb. Rev. Stat. § 79-1148 Children with disabilities; regional networks, schools, or centers; authorized.
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The department is authorized to set up one or more statewide regional networks, approved schools, or centers for children with disabilities. Any such regional network, school, or center may offer residential facilities or services for such children, and such services shall be und…
Neb. Rev. Stat. § 79-1149 Regional network, school, or center; admission; rules and regulations.
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The admission to any regional network, school, or center, as provided by section 79-1148, shall be by rules and regulations adopted and promulgated by the State Board of Education.
Neb. Rev. Stat. § 79-1150 Regional network, school, or center; remittance of money.
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All money derived from any source other than General Fund appropriations by any regional network, school, or center as provided in sections 79-1148 and 79-1149 shall be remitted to the State Treasurer for credit to the State Department of Education Cash Fund, and such money shall…
Neb. Rev. Stat. § 79-1151 Residential schools; emergency cash fund; established; use.
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An emergency cash fund shall be established on behalf of any school as provided for by sections 79-1148 and 79-1149. The fund shall not exceed five hundred dollars. Such emergency cash fund shall be used to provide for immediate and unusual needs as may be required and shall be r…
Repealed. Laws 2019, LB675, § 57.
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[Repealed or reserved.]
Repealed. Laws 2019, LB675, § 57.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-1154 Department; review special training and educational programs.
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The department shall review special training and educational programs offered by or in conjunction with any public school district, combination of public school districts, educational service unit, or combination of educational service units subject to the following: (1) Each tea…
Neb. Rev. Stat. § 79-1155 Special education programs; reports; special education program application; review and approval.
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All school districts shall, on a date prescribed by the department, file with the department application information for special education programs and support services. Cooperatives of school districts or educational service units applying for grants or reimbursement for program…
Neb. Rev. Stat. § 79-1156 Special education and support services programs; coordination; application required.
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The department shall coordinate information reporting requirements for special education and support services programs with other educational data reporting requirements of the department to the extent possible. The application for programs shall contain the information required …
Neb. Rev. Stat. § 79-1157 Special education programs; review; evaluation.
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All special education programs shall be reviewed by the department. To determine the effectiveness of the programs and services being provided, the department shall conduct a program of continuing evaluations of the different types of programs and services being provided for each…
Neb. Rev. Stat. § 79-1158 Special education and support services programs; reimbursement; when.
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No reimbursement for special education and support services programs shall be allowed unless the program meets the standards established by the department.
Neb. Rev. Stat. § 79-1159 Department; school district; technical assistance; advisory capacity.
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The department, upon the request of any school district, shall provide technical assistance in the promulgation of any plan, program, or report required by the Special Education Act. Such assistance shall be given only in an advisory capacity and shall not be designed or construe…
Neb. Rev. Stat. § 79-1159.01 Department; assistive technology devices registry.
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The department shall establish a registry for assistive technology devices to encourage and facilitate cooperation and shared usage of assistive technology devices. Participation by school districts, educational service units, and approved cooperatives shall be voluntary.
Neb. Rev. Stat. § 79-1160 State Board of Education; rules and regulations.
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The State Board of Education may adopt, promulgate, and publish rules and regulations necessary to carry out the Special Education Act.
Neb. Rev. Stat. § 79-1161 Child with a disability; school district; protect rights of child; assignment of surrogate parent.
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(1) School districts shall establish and maintain procedures to protect the rights of a child with a disability whenever (a) no parents of the child can be identified, (b) the school district cannot, after reasonable efforts, locate a parent of the child, (c) the child is a ward …
Neb. Rev. Stat. § 79-1162 Identification, evaluation, or educational placement; hearing; copy of procedures provided; reimbursement.
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A parent, guardian, competent student of the age of majority, or school district may initiate a hearing on matters related to the initiation, change, or termination or the refusal to initiate, change, or terminate the identification, evaluation, or educational placement of a chil…
Neb. Rev. Stat. § 79-1163 Department; conduct hearings; hearing officers; employed; qualifications; jurisdiction.
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The department shall conduct hearings initiated under section 79-1162 using hearing officers and may employ, retain, or approve such qualified hearing officers as are necessary to conduct hearings provided by sections 79-1162 to 79-1167. The hearing officers shall not be persons …
Neb. Rev. Stat. § 79-1164 Hearing; hearing officer; duties.
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Upon the receipt of a petition filed under section 79-1162, the department shall assign it to a hearing officer. The hearing officer shall receive all subsequent pleadings and shall conduct the hearing. At the hearing the parties shall present evidence on the issues raised in the…
Neb. Rev. Stat. § 79-1165 Hearing; party; rights; enumerated.
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Any party at a hearing conducted under sections 79-1163 and 79-1164 shall have the right to: (1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; (2) Present evidence and confro…
Neb. Rev. Stat. § 79-1166 Hearing officer; subpoena witnesses; fees and expenses; failure to respond; contempt.
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The hearing officer has the power by subpoena to compel the appearance of witnesses and the production of any relevant evidence. Any witness compelled to attend or produce evidence shall be entitled to the fees and expenses allowed in district court. Any failure to respond to suc…
Neb. Rev. Stat. § 79-1167 Hearing officer; findings, decision, or order; judicial review.
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(1) Any party to a hearing conducted under sections 79-1162 to 79-1166 aggrieved by the findings, conclusions, or final decision and order of the hearing officer is entitled to judicial review under this section. Any party of record also may seek enforcement of the final decision…
Repealed. Laws 2009, LB 549, § 53.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 549, § 53.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 549, § 53.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 549, § 53.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 549, § 53.
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[Repealed or reserved.]