Chapter 79, SCHOOLS
1,185 sections in this chapter.
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…
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.
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…
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…
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…
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…
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 …
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…
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.