Chapter 79, SCHOOLS
1,185 sections in this chapter.
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…
Neb. Rev. Stat. § 79-1201 Act, how cited.
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Sections 79-1201 to 79-1249 shall be known and may be cited as the Educational Service Units Act.
Neb. Rev. Stat. § 79-1201.01 Terms, defined.
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For purposes of the Educational Service Units Act and section 79-1337: (1) Distance education course means a course with at least one student in any of grades kindergarten through twelve who is in a different location than the teacher and taught by a teacher employed by an educat…
Neb. Rev. Stat. § 79-1202 Educational service units; name.
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The official name of each educational service unit shall be Educational Service Unit No. ... of the State of Nebraska, and the individual number of each unit shall be determined by the State Board of Education. For educational service units existing on January 1, 1998, the number…
Neb. Rev. Stat. § 79-1204 Role and mission; powers and duties.
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(1) The role and mission of the educational service units is to serve as educational service providers in the state's system of elementary and secondary education. (2) Educational service units shall: (a) Act primarily as service agencies in providing core services and services i…
Neb. Rev. Stat. § 79-1205 Annual adjustment to boundaries; State Board of Education; duties.
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On or before August 1 of each year, the State Board of Education shall adjust the boundaries of any educational service unit the boundaries of which do not align with the boundaries of the member school districts on August 1 of such year. Such boundary adjustments shall align the…
Neb. Rev. Stat. § 79-1206 Reorganization of educational service unit boundaries; legislative intent.
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The Legislature finds that from time to time there is a need to change the boundaries of educational service units in response to changes in student population and in student and school needs as well as changes in the taxable wealth and financial resources of the educational serv…
Neb. Rev. Stat. § 79-1207 Boundary change; initiated by petition.
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On and after January 1, 1989, petitions to the State Board of Education to change educational service unit boundaries may be initiated by a resolution adopted by a majority vote of any educational service unit board or any school board. In addition, such boards shall initiate a p…
Neb. Rev. Stat. § 79-1208 Boundary change; petition; contents.
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Petitions to the State Board of Education to change educational service unit boundaries shall include a description of the proposed boundaries and shall be accompanied by a plan of reorganization which shall include (1) a summary of the reasons for the proposed reorganization, (2…
Neb. Rev. Stat. § 79-1209 Boundaries; petition; changes authorized.
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A petition to reorganize educational service units may include the following: (1) A transfer of a school district or districts from one established educational service unit to another established educational service unit; (2) A withdrawal from an established educational service u…
Neb. Rev. Stat. § 79-1210 State Board of Education; grant or deny petition; criteria.
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The State Board of Education shall grant or deny any petition to change educational service unit boundaries based upon the following criteria: (1) The educational needs of students in the affected school districts and the affected educational service units; (2) The economic viabi…
Neb. Rev. Stat. § 79-1211 Petition; hearing; approval or rejection; effect.
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The State Board of Education, within ninety days after the receipt of any petition described in section 79-1208, shall hold a public hearing on the proposed reorganization plan. At the board's option, it may appoint a hearing officer to conduct the public hearing and issue a summ…
Neb. Rev. Stat. § 79-1212 Reorganized units; board members.
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Members of boards of educational service units existing prior to approval of any plan of reorganization shall serve as board members of educational service units which are reorganized pursuant to sections 79-1206 to 79-1211 until the expiration of their original terms. Such perso…
Neb. Rev. Stat. § 79-1213 Reorganized units; warrants; purpose; interest.
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The board of any reorganized educational service unit pursuant to sections 79-1206 to 79-1211 is authorized to issue warrants in an amount necessary for the following purposes: (1) To pay its expenses for a one-year period beginning one year after approval of any plan of reorgani…
Neb. Rev. Stat. § 79-1215 Reorganized unit; adjusted tax list; contracts or leases; limitation; certificated employee; rights; transfer of records.
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(1) Within one year after the date of approval of any plan of reorganization, the county treasurer of each county shall adjust the tax list of the educational service unit in accordance with the changes in boundaries of the educational service units pursuant to sections 79-1206 t…
Neb. Rev. Stat. § 79-1217 Governing board; name; members; election; qualification; vacancy; expenses.
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(1) All educational service units shall be governed by a board to be known as the Board of Educational Service Unit No. ..... . Until the first Thursday after the first Tuesday in January 2009, the educational service unit board, except the board of an educational service unit wi…
Neb. Rev. Stat. § 79-1217.01 Educational service unit board; establish election districts.
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By December 31, 2007, and after each decennial census pursuant to section 32-553, each educational service unit board, except boards of educational service units with only one member school district, shall divide the territory of the educational service unit into at least five an…
Neb. Rev. Stat. § 79-1218 Board; meetings; organization; duties.
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The board of each educational service unit shall meet and organize by naming one of its members as president, one as vice president, and one as secretary. The board shall employ a treasurer who shall be paid a salary to be fixed by the board. The board of the educational service …
Neb. Rev. Stat. § 79-1219 Board; administrator; appointment; compensation; duties.
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Each board of an educational service unit deciding to provide supplementary services shall appoint and fix the compensation and duties of an administrator, who shall be a person experienced in public school administration and who shall hold at least a standard administrative cert…
Neb. Rev. Stat. § 79-1220 Board; offices; location.
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(1) The board shall determine the location within the educational service unit of its principal office and may, if necessary for the performance of its duties under the Educational Service Units Act, establish one or more other offices at such locations as it shall determine with…
Neb. Rev. Stat. § 79-1221 Treasurer; custodian of funds; duties; bond or insurance; conditions.
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The treasurer shall be the custodian of all funds of the board of the educational service unit. He or she shall attend meetings of the board, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay out money of the board only upon a warran…
Neb. Rev. Stat. § 79-1222 Educational service unit; services; to whom provided; contracting for health services.
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When requested in writing by local school boards or boards of education, the board of each educational service unit may, at its discretion and within the limitations imposed by sections 79-1224 and 79-1225, (1) provide supplementary services to (a) the requesting school systems w…
Neb. Rev. Stat. § 79-1223 Educational service units; real estate; personal property; services; purchase; lease; bids.
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In order to carry out the purposes provided in section 79-1204, educational service units may purchase, lease, or lease-purchase real estate, equipment, supplies, services, and personal property for their own use. Educational service units may, either individually or collectively…
Neb. Rev. Stat. § 79-1224 Governing board; state, county, or federal funds; use; tax; levy; matching of funds.
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The board of each educational service unit may receive, for the purpose for which made available, any school district, county, state, or federal funds made available to it, or funds or property received from any other source, and may use tax revenue from the levy of the education…
Neb. Rev. Stat. § 79-1225 Governing board; tax; levy; limitation; exception; proceeds; when remitted.
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(1) After the adoption of its budget statement, the board for each educational service unit, except as provided in subsection (2) of this section, may levy a tax in the amount which it requires under its adopted budget statement to be received from taxation. The levy shall be sub…
Neb. Rev. Stat. § 79-1226 Governing board; budget; prepare; contents.
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The board of each educational service unit, prior to the levying of any tax as provided by law, shall prepare a budget for the operation and maintenance of the educational service unit for the ensuing year. This budget shall itemize the contemplated expenditures and the expected …
Neb. Rev. Stat. § 79-1227 Budget; publication required.
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A summary of the prepared yearly budget of an educational service unit shall be published one time in a legal newspaper published in or of general circulation in each county in the unit at least five days before a meeting at which such budget shall be considered for adoption by t…
Neb. Rev. Stat. § 79-1228 Board; report of yearly activities; publication and distribution required.
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The board of an educational service unit shall cause to be published by November 1 of each year a brief report of the yearly activities of the board. The report shall include the amount of revenue received and expenditures itemized by categories. This publication shall be for one…
Neb. Rev. Stat. § 79-1229 Annual financial report; contents; annual audit required; cost.
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(1) On or before January 31 of each year, the administrator of each educational service unit shall submit to the Commissioner of Education a report described as the annual financial report showing (a) the amount of money received from all sources during the year and the amount of…
Neb. Rev. Stat. § 79-1230 Sections; supplemental to other law.
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Sections 79-1202 to 79-1230 shall be supplemental to any other law and shall not affect the reorganization of school districts as provided in the Reorganization of School Districts Act.
Neb. Rev. Stat. § 79-1231 Special education; payment; to whom.
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When special education is provided by an educational service unit for children with disabilities as defined in section 79-1118.01, the payments provided by sections 79-1126 to 79-1144 shall be made to such educational service unit.
Neb. Rev. Stat. § 79-1232 Educational service unit; insurance coverage; authorized.
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The board of any educational service unit may permit its members to participate in the educational service unit's hospitalization, medical, surgical, accident, sickness, or term life insurance coverage or any one or more of such coverages. A board member electing to participate i…
Neb. Rev. Stat. § 79-1233 Access to telecomputing resources; powers and duties.
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Each educational service unit shall provide access for all school districts within the geographical area served by the unit to telecomputing resources, which shall include the capacity to receive and transmit distance education courses on at least a regional basis beginning on or…
Neb. Rev. Stat. § 79-1234 Tenure; terms, defined.
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For purposes of sections 79-1234 to 79-1239, unless the context otherwise requires: (1) Board means the governing board of any educational service unit; (2) Certificated employee means any teacher, nurse, or other person required to have a certificate from the State Department of…
Neb. Rev. Stat. § 79-1235 Tenure; contract of certificated employee; how treated.
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The contract of a certificated employee shall be deemed renewed and remain in full force and effect unless amended, terminated, or not renewed in accordance with sections 79-1234 to 79-1239.
Neb. Rev. Stat. § 79-1236 Tenure; certificated employee; contract amendment, termination, or nonrenewal; procedure; confidentiality.
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(1) Any certificated employee whose contract of employment may be amended, terminated, or not renewed for the following school year shall be notified in writing on or before April 15 of each year of such possible action on the contract. If the certificated employee wishes a heari…
Neb. Rev. Stat. § 79-1237 Tenure; board; subpoena powers.
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The board may on its own behalf, or shall upon the request of the certificated employee, his or her representative, or the educational service unit's administration, (1) subpoena and compel the attendance of witnesses residing within or outside this state for the purpose of appea…
Neb. Rev. Stat. § 79-1238 Tenure; probationary certificated employee; amendment or nonrenewal of contract; grounds; procedures.
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(1) Upon request by the probationary certificated employee as provided in subsection (1) of section 79-1236, notice shall be provided which shall contain written reasons for the proposed amendment or nonrenewal of the probationary certificated employee's contract and shall be suf…
Neb. Rev. Stat. § 79-1239 Tenure; permanent certificated employee; amendment or termination of contract; grounds; procedures.
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(1) The board by a vote of the majority of its members may determine that a permanent certificated employee's contract shall be amended or terminated for any of the following reasons: (a) Just cause as defined in section 79-1234; (b) reduction in force as set forth in sections 79…
Neb. Rev. Stat. § 79-1241.01 Core services; appropriation; legislative intent.
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To carry out section 79-1241.03, it is the intent of the Legislature to appropriate for each fiscal year the amount appropriated in the prior year increased by the percentage growth in the fall membership of member districts plus the basic allowable growth rate described in secti…
Neb. Rev. Stat. § 79-1241.03 Distribution of funds; certification by department to educational service unit and learning community; distribution.
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(1) Two percent of the appropriation for core services and technology infrastructure funds shall be transferred to the Educational Service Unit Coordinating Council. The remainder of such funds shall be distributed pursuant to subsections (2) through (5) of this section. (2)(a) T…