Chapter 79 — SCHOOLS
1,288 sections in this chapter.
Neb. Rev. Stat. § 79-2602 Legislative intent.
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It is the intent of the Legislature that: (1) School boards develop policies to facilitate reading instruction and intervention services to address student reading needs, including, but not limited to, dyslexia; (2) All teachers for kindergarten through grade three should be effe…
Neb. Rev. Stat. § 79-2603 Approved reading assessment; school district administer.
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(1) Each school district shall administer an approved reading assessment three times during the school year to all students in kindergarten through grade three, except for any student receiving specialized instruction for limited English proficiency who has been receiving such in…
Neb. Rev. Stat. § 79-2604 Reading deficiency; identification.
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(1) Any student in kindergarten, grade one, grade two, or grade three shall be identified as having a reading deficiency if such student performs below the threshold level determined pursuant to section 79-2603 on an approved reading assessment. A student who is identified as hav…
Neb. Rev. Stat. § 79-2605 Supplemental reading intervention program; school district; duties.
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(1) Each school district shall provide a supplemental reading intervention program for the purpose of ensuring that students can read at or above grade level at the end of third grade. School districts may work collaboratively with a reading specialist at the State Department of …
Neb. Rev. Stat. § 79-2606 Notification to parent or guardian; individualized reading improvement plan.
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(1) The school of any student who is identified as having a reading deficiency shall notify such student's parents or guardians either in writing or by electronic communication no later than fifteen working days after the identification of the reading deficiency that the student …
Neb. Rev. Stat. § 79-2607 State Department of Education; professional learning system; regional coaches; powers and duties; rules and regulations.
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(1) For purposes of this section: (a) Evidence-based reading instruction means instruction in reading that is in alignment with scientifically based reading research and does not include the three-cueing system model of reading instruction; and (b) Three-cueing system model of re…
Neb. Rev. Stat. § 79-261 School board or board of education; powers; delegation of authority.
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(1) The school board or board of education may by rule amplify, supplement, or extend the procedures provided in the Student Discipline Act if such actions are not inconsistent with the act. (2) Any action taken by the school board or board of education or by its employees or age…
Neb. Rev. Stat. § 79-262 School board or board of education; rules and standards; establish; distribute and post; review with county attorney.
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(1) The school board or board of education shall establish and promulgate rules and standards concerning student conduct which are reasonably necessary to carry out or to prevent interference with carrying out any educational function, if such rules and standards are clear and de…
Neb. Rev. Stat. § 79-262.01 Behavioral intervention, behavioral management, classroom management, and removal of a student from a classroom in school; model policy; school district policy; training.
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(1) On or before July 1, 2025, the State Department of Education shall develop and adopt a model policy relating to behavioral intervention, behavioral management, classroom management, and removal of a student from a classroom in school. The model policy shall include appropriat…
Neb. Rev. Stat. § 79-263 School district; policy regarding firearms; requirements.
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(1) Except as provided in section 79-265.01, each school district shall adopt a policy requiring the expulsion from school for a period of not less than one year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm on scho…
Neb. Rev. Stat. § 79-264 Student; exclusion; circumstances; emergency exclusion; procedure.
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(1) Any student may be excluded from school in the following circumstances, subject to the procedural provisions of section 79-265, and, if longer than five school days, subject to the provisions of subsection (3) of this section: (a) If the student has a dangerous communicable d…
Neb. Rev. Stat. § 79-265 Principal; suspend student; grounds; procedure; written statement; conference.
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(1) Except as provided in section 79-265.01, the principal may deny any student the right to attend school or to take part in any school function for a period of up to five school days on the following grounds: (a) Conduct constituting grounds for expulsion as set out in the Stud…
Neb. Rev. Stat. § 79-265.01 Pre-kindergarten through second grade students; suspension; prohibited; exceptions.
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(1) Except as provided in subsection (2) of this section, an elementary school shall not suspend a student in pre-kindergarten through second grade. Each school district shall develop a policy to implement this section which shall include disciplinary measures inside the school a…
Neb. Rev. Stat. § 79-265.02 Student; suspension; classwork and homework; guidelines.
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Any student who is suspended shall be given an opportunity to complete any classwork and homework missed during the period of suspension, including, but not limited to, examinations. Each school district shall develop and adopt guidelines that provide any such student with the op…
Neb. Rev. Stat. § 79-266 Pre-expulsion procedures; when; expelled student; alternative assignments; suspension of enforcement; agreement between school boards; reinstatement; when; expungement; accept credits, conditions.
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(1) Beginning July 1, 1997, each school district shall have an alternative school, class, or educational program or the procedures of subsection (2) of this section available or in operation for all expelled students. Any two or more school boards or boards of education may join …
Neb. Rev. Stat. § 79-266.01 Expelled student; enrollment in public school; when.
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If a student has been expelled from a public school in any school district in any state or from a private, denominational, or parochial school in any state and the student has not completed the terms of the expulsion, the student shall not be permitted to enroll in a public schoo…
Neb. Rev. Stat. § 79-267 Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment; enumerated; alternatives for truant or tardy students.
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Except as provided in section 79-265.01, the following student conduct shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity occurs on school grounds, in a ve…
Neb. Rev. Stat. § 79-268 Long-term suspension, expulsion, or mandatory reassignment; procedures; enumerated.
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If a principal makes a decision to discipline a student by long-term suspension, expulsion, or mandatory reassignment, the following procedures shall be followed: (1) The decision as to recommend discipline shall be made within two school days after learning of the alleged studen…
Neb. Rev. Stat. § 79-269 Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure; hearing examiner; how designated; examination of records.
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(1)(a) If a hearing is requested within five school days after receipt of the notice as provided in section 79-268, the superintendent shall recommend appointment of a hearing examiner within two school days after receipt of the hearing request. (b) The student or the student's p…
Neb. Rev. Stat. § 79-270 Hearing examiner; duties.
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In addition to the other duties provided in the Student Discipline Act, the hearing examiner shall remain impartial throughout all deliberations. The hearing examiner shall be available prior to any hearing held pursuant to the act to answer any questions the principal, the stude…
Neb. Rev. Stat. § 79-2701 Legislative findings and declarations.
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The Legislature finds and declares that: (1) Our public school children, faculty, and staff are entitled to be safe in schools when they attend school and study or work; (2) Schools have an interest in keeping students safe; (3) The interest of schools in keeping students safe ma…
Neb. Rev. Stat. § 79-2702 Terms, defined.
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For purposes of sections 79-2701 to 79-2704, unless the context otherwise requires: (1) Department means the State Department of Education; (2) Law enforcement agency means an agency or department of this state or of any political subdivision of this state that is responsible for…
Neb. Rev. Stat. § 79-2703 Model memorandum of understanding; department; develop and distribute; school district; superintendent; duties.
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(1) On or before December 1, 2019, the department shall develop and distribute a model memorandum of understanding that includes the policies required by section 79-2704. Any law enforcement agency or security agency required to adopt a memorandum of understanding with a school d…
Neb. Rev. Stat. § 79-2704 Memorandum of understanding; contents.
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Each memorandum of understanding required by section 79-2703 shall govern the use of school resource officers or security guards and shall include, but not be limited to, policies that: (1) Require each school resource officer or security guard to attend a minimum of twenty hours…
Neb. Rev. Stat. § 79-271 Hearing; not requested within five days; recommended punishment; effect.
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If a hearing is not requested under sections 79-268 and 79-269 by the student or the student's parent or guardian within five school days following receipt of the written notice, the punishment recommended in the charge by the principal or his or her designee shall automatically …
Neb. Rev. Stat. § 79-272 Hearing; requested within thirty days; effect.
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If a hearing is requested under sections 79-268 and 79-269 more than five school days but not more than thirty calendar days following the actual receipt of written notice, the hearing examiner shall be appointed and the hearing held pursuant to the requirements of section 79-269…
Neb. Rev. Stat. § 79-273 Hearing; by whom attended; witnesses; student excluded; when.
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Any hearing conducted pursuant to the Student Discipline Act shall be attended by the hearing examiner, the student, the student's parent or guardian, the student's representative, if any, and counsel for the school board or board of education, if the hearing examiner or the supe…
Neb. Rev. Stat. § 79-274 Hearing; legal counsel; powers and duties.
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The school board or board of education, acting through the superintendent, may cause legal counsel to be present either for the purpose of acting as the designee of the principal or for the purpose of advising the hearing examiner in the conduct of the hearing requested under sec…
Neb. Rev. Stat. § 79-275 Hearing; student; testimony.
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At a hearing requested under sections 79-268 and 79-269, the student may speak in his or her own defense and may be questioned on his or her testimony, but he or she may choose not to testify and, in such case, shall not be threatened with punishment nor be later punished for ref…
Neb. Rev. Stat. § 79-276 Hearing; evidence on student's conduct and records.
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At a hearing requested under sections 79-268 and 79-269, the principal shall present to the hearing examiner statements, in affidavit form, of any person having information about the student's conduct and the student's records but not unless such statements and records have been …
Neb. Rev. Stat. § 79-277 Hearing; rules of evidence or courtroom procedures; not applicable.
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In conducting the hearing requested under sections 79-268 and 79-269, the hearing examiner shall not be bound by the rules of evidence or any other courtroom procedure.
Neb. Rev. Stat. § 79-278 Hearing; witnesses; testimony; cross-examination; availability of witnesses.
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(1) The student, the student's parent, guardian, or representative, the principal, or the hearing examiner may ask witnesses to testify at the hearing requested under sections 79-268 and 79-269. Such testimony shall be under oath, and the hearing examiner shall be authorized to a…
Neb. Rev. Stat. § 79-279 Hearing; witnesses; immunity.
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Any person giving evidence by written statement or in person at a hearing requested under sections 79-268 and 79-269 shall be given the same immunity from liability as a person testifying in a court case.
Neb. Rev. Stat. § 79-280 Hearing; recorded; how paid.
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The proceedings of the hearing requested under sections 79-268 and 79-269 shall be recorded at the expense of the school district.
Neb. Rev. Stat. § 79-2801 Act, how cited.
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Sections 79-2801 to 79-2804 shall be known and may be cited as the Purple Star Schools Act.
Neb. Rev. Stat. § 79-2802 Terms, defined.
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For purposes of the Purple Star Schools Act: (1) Military-connected student means a student who: (a) Is a dependent of a current or former member or reserve member serving in the Nebraska National Guard or the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or Spa…
Neb. Rev. Stat. § 79-2803 Purple star school; annual designation; qualifications.
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(1) The State Board of Education may annually designate any school as a purple star school if such school applies for such designation in the manner prescribed by the board and meets the qualifications in subsection (2) of this section. (2) To qualify as a purple star school, a s…
Neb. Rev. Stat. § 79-2804 Rules and regulations.
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The State Board of Education may adopt and promulgate rules and regulations to carry out the Purple Star Schools Act.
Neb. Rev. Stat. § 79-281 Hearing; joint hearing; separate hearings; when.
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(1) When more than one student is charged with violating the same rule and having acted in concert and when the facts are substantially the same for all such students, a single hearing requested under sections 79-268 and 79-269 may be conducted for such students as a group if the…
Neb. Rev. Stat. § 79-282 Hearing; hearing examiner; report; contents; review; notice; final disposition; how determined.
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(1) After a hearing requested under sections 79-268 and 79-269, a report shall be made by the hearing examiner of his or her findings and a recommendation of the action to be taken, which report shall be made to the superintendent and the student or the student's parent or guardi…
Neb. Rev. Stat. § 79-283 Hearing; final disposition; written notice; effect; period of expulsion; review; when; procedure; readmittance.
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(1) Written notice of the findings and recommendations of the hearing examiner and the determination of the superintendent under section 79-282 shall be made by certified or registered mail or by personal delivery to the student or the student's parent or guardian. Upon receipt o…
Neb. Rev. Stat. § 79-284 Case record; contents.
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The record in a case under the Student Discipline Act shall consist of the charge, the notice, the evidence presented, the hearing examiner's findings and recommendations, and the action of the superintendent. With respect to any appeal to a court or any subsequent appeal, the re…
Neb. Rev. Stat. § 79-285 Hearing; appeal to school board or board of education; procedure.
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(1) The student or the student's parent or guardian may, within seven school days following receipt of the written notice of the determination of the superintendent under section 79-282, appeal the superintendent's determination to the school board or board of education by a writ…
Neb. Rev. Stat. § 79-286 Hearing; appeal; school board or board of education; powers and duties.
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(1) After examining the record and taking new evidence pursuant to section 79-285, if any, the school board or board of education or the designated committee thereof may withdraw to deliberate privately upon such record and new evidence. Any such deliberation shall be held in the…
Neb. Rev. Stat. § 79-287 Hearing; appeal; board; final action.
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The final action of the board under section 79-286 shall be taken within three calendar days after the hearing and be evidenced by personally delivering or mailing by certified mail a copy of the board's decision to the student and his or her parent or guardian within three calen…
Neb. Rev. Stat. § 79-288 Final decision; judicial review; appeal to district court; other relief.
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Any person aggrieved by a final decision in a contested case under the Student Discipline Act, whether such decision is affirmative or negative in form, shall be entitled to judicial review under sections 79-288 to 79-292. Nothing in the act shall be deemed to prevent resort to o…
Neb. Rev. Stat. § 79-289 Judicial review; procedure.
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(1) Proceedings for review under sections 79-288 to 79-292 shall be instituted by filing a petition in the district court of the county where the action is taken within thirty days after the service of the final decision by the school board or board of education under sections 79…
Neb. Rev. Stat. § 79-290 Judicial review; transcript of record and proceedings; responsive pleading not required.
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Within fifteen days after service of the petition under section 79-289 or within such further time as the court for good cause shown may allow, the school board or board of education shall prepare and transmit to the court a certified transcript of the record which shall include …
Neb. Rev. Stat. § 79-2901 Act, how cited.
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Sections 79-2901 to 79-2907 shall be known and may be cited as the Nebraska Farm-to-School Program Act.
Neb. Rev. Stat. § 79-2902 Terms, defined.
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For purposes of the Nebraska Farm-to-School Program Act: (1) Early childhood education program has the same meaning as in section 79-1101 and includes programs licensed under the Child Care Licensing Act; (2) Food means an agricultural commodity or product, whether raw or process…