79-101. Terms, defined.

For purposes of Chapter 79:

(1) School district means the territory under the jurisdiction of a single school board authorized by Chapter 79;

(2) School means a school under the jurisdiction of a school board authorized by Chapter 79;

(3) Legal voter means a registered voter as defined in section 32-115 who is domiciled in a precinct or ward in which he or she is registered to vote and which precinct or ward lies in whole or in part within the boundaries of a school district for which the registered voter chooses to exercise his or her right to vote at a school district election or at an annual or special meeting of a Class I school district;

(4) Prekindergarten programs means all early childhood programs provided for children who have not reached the age of five by the date provided in section 79-214 for kindergarten entrance;

(5) Elementary grades means grades kindergarten through eight, inclusive;

(6) High school grades means all grades above the eighth grade;

(7) School year means (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours;

(8) Instructional hour means a period of time, at least sixty minutes, which is actually used for the instruction of students;

(9) Teacher means any certified employee who is regularly employed for the instruction of pupils in the public schools;

(10) Administrator means any certified employee such as superintendent, assistant superintendent, principal, assistant principal, school nurse, or other supervisory or administrative personnel who do not have as a primary duty the instruction of pupils in the public schools;

(11) School board means the governing body of any school district. Board of education has the same meaning as school board;

(12) Teach means and includes, but is not limited to, the following responsibilities: (a) The organization and management of the classroom or the physical area in which the learning experiences of pupils take place; (b) the assessment and diagnosis of the individual educational needs of the pupils; (c) the planning, selecting, organizing, prescribing, and directing of the learning experiences of pupils; (d) the planning of teaching strategies and the selection of available materials and equipment to be used; and (e) the evaluation and reporting of student progress;

(13) Permanent school fund means the fund described in section 79-1035.01;

(14) Temporary school fund means the fund described in section 79-1035.02;

(15) School lands means the lands described in section 79-1035.03. Educational lands has the same meaning as school lands;

(16) Community eligibility provision means the alternative to household applications for free and reduced-price meals in high-poverty schools enacted in section 104(a) of the federal Healthy, Hunger-Free Kids Act of 2010, section 11(a)(1) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1759a(a)(1), as such act and section existed on January 1, 2015, and administered by the United States Department of Agriculture; and

(17) Certificate, certificated, or certified, when referring to an individual holding a certificate to teach, administer, or provide special services, also includes an individual who holds a permit issued by the Commissioner of Education pursuant to sections 79-806 to 79-815.

The State Board of Education may adopt and promulgate rules and regulations to define school day and other appropriate units of the school calendar.

Source:Laws 1881, c. 78, subdivision I, § 1, p. 331; R.S.1913, § 6700; C.S.1922, § 6238; C.S.1929, § 79-101; R.S.1943, § 79-101; Laws 1949, c. 256, § 1, p. 690; Laws 1971, LB 802, § 1; Laws 1984, LB 994, § 3; Laws 1988, LB 1197, § 1; Laws 1993, LB 348, § 5; R.S.1943, (1994), § 79-101; Laws 1996, LB 900, § 1; Laws 1997, LB 345, § 5; Laws 1999, LB 813, § 5;    Laws 2003, LB 67, § 2;    Laws 2010, LB1006, § 1;    Laws 2015, LB525, § 2.    


Annotations

79-102. School districts; classification.

School districts in this state are classified as follows:

(1) Class I includes any school district that maintains only elementary grades under the direction of a single school board;

(2) Class II includes any school district embracing territory having a population of one thousand inhabitants or less that maintains both elementary and high school grades under the direction of a single school board;

(3) Class III includes any school district embracing territory having a population of more than one thousand and less than one hundred fifty thousand inhabitants that maintains both elementary and high school grades under the direction of a single school board;

(4) Class IV includes any school district embracing territory having a population of one hundred thousand or more inhabitants with a city of the primary class within the territory of the district that maintains both elementary and high school grades under the direction of a single school board;

(5) Class V includes any school district whose employees participate in a retirement system established pursuant to the Class V School Employees Retirement Act and which embraces territory having a city of the metropolitan class within the territory of the district that maintains both elementary grades and high school grades under the direction of a single school board and any school district with territory in a city of the metropolitan class created pursuant to the Learning Community Reorganization Act and designated as a Class V school district in the reorganization plan; and

(6) Class VI includes any school district in this state that maintains only a high school, or a high school and grades seven and eight or six through eight as provided in section 79-411, under the direction of a single school board.

Source:Laws 1949, c. 256, § 2, p. 691; Laws 1959, c. 379, § 1, p. 1320; Laws 1981, LB 16, § 1; R.S.1943, (1994), § 79-102; Laws 1996, LB 900, § 2; Laws 1997, LB 345, § 6; Laws 1998, LB 629, § 1; Laws 2003, LB 394, § 1;    Laws 2005, LB 126, § 8;    Laws 2006, LB 1024, § 15;    Referendum 2006, No. 422.


Cross References

Annotations

79-103. Classification of school districts; how determined.

The number of inhabitants in any school district shall, for the purpose of determining the class to which such district belongs, be the number of inhabitants ascertained by the most recent United States census or by a certified census taken of the district at the direction of the school board or board of education of the school district and approved by the State Board of Education. The school board or board of education of any school district is authorized to contract for a special United States Census of the district if the board determines that such a census is necessary.

Source:Laws 1949, c. 256, § 5, p. 692; Laws 1955, c. 315, § 1, p. 971; Laws 1971, LB 212, § 1; R.S.1943, (1994), § 79-105; Laws 1996, LB 900, § 3.


79-104. Classification of school districts; change; Commissioner of Education; duties.

Whenever any Class II, III, or IV school district attains the number of inhabitants which requires its reclassification as a Class III, IV, or V school district, respectively, the Commissioner of Education shall reclassify such district as a district of the next higher class. A Class III school district may be reclassified as a Class II school district upon application of the board of education of such district if the commissioner finds that the number of inhabitants of such district has decreased to the level established for Class II school districts. Any reclassification pursuant to this section shall become effective at the beginning of the next fiscal year after the order of the commissioner. Within fifteen days after the reclassification of any school district, the commissioner shall notify the county clerk or election commissioner, of the county in which the greatest number of legal voters in the school district reside, of such change in classification and the effective date of such change.

Source:Laws 1949, c. 256, § 6, p. 692; Laws 1971, LB 212, § 2; Laws 1981, LB 446, § 34; R.S.1943, (1994), § 79-106; Laws 1996, LB 900, § 4; Laws 1997, LB 345, § 7.


Annotations

79-201. Compulsory education; attendance required; exceptions; reports required.

(1) For purposes of this section, a child is of mandatory attendance age if the child (a) will reach six years of age prior to January 1 of the then-current school year and (b) has not reached eighteen years of age.

(2) Except as provided in subsection (3) of this section, every person residing in a school district within the State of Nebraska who has legal or actual charge or control of any child who is of mandatory attendance age or is enrolled in a public school shall cause such child to enroll in, if such child is not enrolled, and attend regularly a public, private, denominational, or parochial day school which meets the requirements for legal operation prescribed in Chapter 79, or a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements, each day that such school is open and in session, except when excused by school authorities or when illness or severe weather conditions make attendance impossible or impracticable.

(3) Subsection (2) of this section does not apply in the case of any child who:

(a) Has obtained a high school diploma by meeting the graduation requirements established in section 79-729;

(b) Has completed the program of instruction offered by a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements;

(c) Has reached sixteen years of age and has been withdrawn from school pursuant to section 79-202;

(d)(i) Will reach six years of age prior to January 1 of the then-current school year, but will not reach seven years of age prior to January 1 of such school year, (ii) such child's parent or guardian has signed an affidavit stating that the child is participating in an education program that the parent or guardian believes will prepare the child to enter grade one for the following school year, and (iii) such affidavit has been filed by the parent or guardian with the school district in which the child resides;

(e)(i) Will reach six years of age prior to January 1 of the then-current school year but has not reached seven years of age, (ii) such child's parent or guardian has signed an affidavit stating that the parent or guardian intends for the child to participate in a school which has elected or will elect pursuant to section 79-1601 not to meet accreditation or approval requirements and the parent or guardian intends to provide the Commissioner of Education with a statement pursuant to subsection (3) of section 79-1601 on or before the child's seventh birthday, and (iii) such affidavit has been filed by the parent or guardian with the school district in which the child resides; or

(f) Will not reach six years of age prior to January 1 of the then-current school year and such child was enrolled in a public school and has discontinued the enrollment according to the policy of the school board adopted pursuant to subsection (4) of this section.

(4) The board shall adopt policies allowing discontinuation of the enrollment of students who will not reach six years of age prior to January 1 of the then-current school year and specifying the procedures therefor.

(5) Each school district that is a member of a learning community shall report to the learning community coordinating council on or before September 1 of each year for the immediately preceding school year the following information:

(a) All reports of violations of this section made to the attendance officer of any school in the district pursuant to section 79-209;

(b) The results of all investigations conducted pursuant to section 79-209, including the attendance record that is the subject of the investigation and a list of services rendered in the case;

(c) The district's policy on excessive absenteeism; and

(d) Records of all notices served and reports filed pursuant to section 79-209 and the district's policy on habitual truancy.

Source:Laws 1901, c. 70, § 1, p. 454; Laws 1903, c. 95, § 1, p. 549; Laws 1905, c. 140, § 1, p. 575; Laws 1907, c. 131, § 1, p. 430; R.S.1913, § 6924; Laws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(a), p. 227; C.S.1922, § 6508a; Laws 1929, c. 87, § 1, p. 340; C.S.1929, § 79-1901; R.S.1943, § 79-1901; Laws 1949, c. 256, § 7, p. 692; Laws 1953, c. 291, § 1, p. 988; Laws 1959, c. 380, § 1, p. 1322; Laws 1971, LB 211, § 1; Laws 1971, LB 582, § 1; Laws 1984, LB 928, § 1; Laws 1984, LB 994, § 4; R.S.1943, (1994), § 79-201; Laws 1996, LB 900, § 5; Laws 1999, LB 152, § 1;    Laws 2004, LB 868, § 1;    Laws 2008, LB1154, § 6;    Laws 2010, LB1071, § 2;    Laws 2012, LB996, § 1.    


Annotations

79-202. Compulsory attendance; withdrawal of child from school; exempt from mandatory attendance; exit interview; withdrawal form; validity; child at least sixteen years of age; other enrollment options; later enrollment; effect; Commissioner of Education; duties.

(1) A person who has legal or actual charge or control of a child who is at least sixteen years of age but less than eighteen years of age may withdraw such child from school before graduation and be exempt from the mandatory attendance requirements of section 79-201 if an exit interview is conducted and the withdrawal form is signed as required by subsections (2) through (5) of this section for a child enrolled in a public, private, denominational, or parochial school or if a signed notarized release form is filed with the Commissioner of Education as required by subsection (6) of this section for a child enrolled in a school that elects pursuant to section 79-1601 not to meet accreditation or approval requirements.

(2) Upon the written request of any person who has legal or actual charge or control of a child who is at least sixteen years of age but less than eighteen years of age, the superintendent of a school district or the superintendent's designee shall conduct an exit interview if the child (a) is enrolled in a school operated by the school district or (b) resides in the school district and is enrolled in a private, denominational, or parochial school.

(3) The superintendent or the superintendent's designee shall set the time and place for the exit interview which shall be personally attended by: (a) The child, unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impracticable; (b) the person who has legal or actual charge or control of the child who requested the exit interview; (c) the superintendent or the superintendent's designee; (d) the child's principal or the principal's designee if the child at the time of the exit interview is enrolled in a school operated by the school district; and (e) any other person requested by any of the required parties who agrees to attend the exit interview and is available at the time designated for the exit interview which may include, but need not be limited to, other school district personnel or the child's principal or such principal's designee if the child is enrolled in a private, denominational, or parochial school.

(4) At the exit interview, the person making the written request pursuant to subsection (2) of this section shall present evidence that (a) the person has legal or actual charge or control of the child and (b) the child would be withdrawing due to either (i) financial hardships requiring the child to be employed to support the child's family or one or more dependents of the child or (ii) an illness of the child making attendance impossible or impracticable. The superintendent or superintendent's designee shall identify all known alternative educational opportunities, including vocational courses of study, that are available to the child in the school district and how withdrawing from school is likely to reduce potential future earnings for the child and increase the likelihood of the child being unemployed in the future. Any other relevant information may be presented and discussed by any of the parties in attendance.

(5)(a) At the conclusion of the exit interview, the person making the written request pursuant to subsection (2) of this section may sign the withdrawal form provided by the school district agreeing to the withdrawal of the child or may rescind the written request for the withdrawal.

(b) Any withdrawal form signed by the person making the written request pursuant to subsection (2) of this section shall be valid only if (i) the child signs the form unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impracticable and (ii) the superintendent or superintendent's designee signs the form acknowledging that the interview was held, the required information was provided and discussed at the interview, and, in the opinion of the superintendent or the superintendent's designee, the person making the written request pursuant to subsection (2) of this section does in fact have legal or actual charge or control of the child and the child is experiencing either (A) financial hardships requiring the child to be employed to support the child's family or one or more dependents of the child or (B) an illness making attendance impossible or impracticable.

(6) A person who has legal or actual charge or control of the child who is at least sixteen years of age but less than eighteen years of age may withdraw such a child before graduation and be exempt from the mandatory attendance requirements of section 79-201 if such child has been enrolled in a school that elects pursuant to section 79-1601 not to meet the accreditation or approval requirements by filing with the State Department of Education a signed notarized release on a form prescribed by the Commissioner of Education.

(7) A child who has been withdrawn from school pursuant to this section may enroll in a school district at a later date as provided in section 79-215 or may enroll in a private, denominational, or parochial school or a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements. Any such enrollment shall void the withdrawal form previously entered, and the provisions of sections 79-201 to 79-210 shall apply to the child.

(8) The Commissioner of Education shall prescribe the required form for withdrawals pursuant to this section and determine and direct either that (a) withdrawal forms of school districts for any child who is withdrawn from school pursuant to this section and subdivision (3)(c) of section 79-201 shall be provided annually to the State Department of Education or (b) data regarding such students shall be collected under subsection (2) of section 79-528.

Source:Laws 2012, LB996, § 2.    


79-203. Compulsory attendance; necessarily employed children; permit.

In case the services or earnings of a child are necessary for his or her own support or the support of those actually dependent upon him or her and the child is fourteen years of age or more and not more than sixteen years of age and has completed the work of the eighth grade, the person having legal or actual charge of such child may apply to the superintendent of the primary high school district in which the child resides or a person designated in writing by the superintendent. The superintendent or designee may, in his or her discretion, issue a permit allowing such child to be employed.

Source:Laws 1921, c. 52, § 1(c), p. 227; C.S.1922, § 6508b; Laws 1927, c. 84, § 1, p. 251; Laws 1929, c. 92, § 1, p. 348; C.S.1929, § 79-1902; Laws 1931, c. 149, § 1, p. 405; Laws 1941, c. 163, § 1, p. 650; C.S.Supp.,1941, § 79-1902; R.S.1943, § 79-1905; Laws 1949, c. 256, § 11, p. 694; R.S.1943, (1994), § 79-205; Laws 1996, LB 900, § 7; Laws 1997, LB 347, § 3; Laws 1999, LB 272, § 24.    


Cross References

79-204. Compulsory attendance; necessarily employed children; continuation schools; attendance required.

All children who are fourteen years of age or more and not more than sixteen years of age, who reside in a school district in which a part-time continuation school is maintained by authority of the public school district and who are granted permits to be employed under section 79-203, shall attend a public, private, denominational, or parochial part-time continuation school eight hours of each week during the entire school year.

Source:Laws 1921, c. 53, § 1(c), p. 227; C.S.1922, § 6508b; Laws 1927, c. 84, § 1, p. 251; Laws 1929, c. 92, § 1, p. 348; C.S.1929, § 79-1902; Laws 1931, c. 149, § 1, p. 405; Laws 1941, c. 163, § 1, p. 650; C.S.Supp.,1941, § 79-1902; R.S.1943, § 79-1906; Laws 1949, c. 256, § 12, p. 694; R.S.1943, (1994), § 79-206; Laws 1996, LB 900, § 8.


79-205. Compulsory attendance; record of attendance; annual attendance reports; made where.

Each teacher in the public, private, denominational, and parochial schools of this state shall keep a record showing (1) the name, age, and address of each child enrolled, (2) the number and county of the school district in which the school is located, (3) the number of days each pupil was present and the number of days absent, and (4) the cause of absence. On the third day on which the public, private, denominational, and parochial schools are in session at the beginning of each school year, each teacher shall send to the superintendent or administrator of the school a list of the pupils enrolled in his or her school with the age, grade, and address of each.

Source:Laws 1901, c. 70, § 1, p. 454; Laws 1903, c. 95, § 1, p. 549; Laws 1905, c. 140, § 1, p. 575; Laws 1907, c. 131, § 1, p. 430; R.S.1913, § 6924; Laws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(f), p. 228; C.S.1922, § 6508d; C.S.1929, § 79-1904; R.S.1943, § 79-1911; Laws 1949, c. 256, § 13, p. 694; Laws 1971, LB 210, § 2; R.S.1943, (1994), § 79-207; Laws 1996, LB 900, § 9; Laws 1999, LB 272, § 25.    


Annotations

79-206. Compulsory attendance; nonattendance lists; transmission to enforcement officers.

Each superintendent or administrator of a school district, upon the receipt of the list specified in section 79-205, shall (1) compare the names of the children enrolled with the last census report on file in his or her office from such district, (2) prepare a list of all children resident in such district under his or her jurisdiction who are not attending school as provided in section 79-201, and (3) transmit the list to the officer or officers in such district whose duty it is to enforce the provisions of such section.

Source:Laws 1901, c. 70, § 1, p. 454; Laws 1903, c. 95, § 1, p. 549; Laws 1905, c. 140, § 1, p. 575; Laws 1907, c. 131, § 1, p. 430; R.S.1913, § 6924; Laws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(f), p. 228; C.S.1922, § 6508d; C.S.1929, § 79-1904; R.S.1943, § 79-1911; Laws 1949, c. 256, § 14, p. 694; R.S.1943, (1994), § 79-208; Laws 1996, LB 900, § 10; Laws 1999, LB 272, § 26.    


79-207. Compulsory attendance; entry or withdrawal of student; teachers' attendance reports.

Whenever any child enters or withdraws from any school after the third day in which school is in session, the teacher shall transmit at once the name of such child to the superintendent as specified in section 79-206 and the superintendent shall use such information in whatever way he or she deems necessary for the purpose of enforcing section 79-201. At the end of each week each teacher shall report all absences and the cause of absence to the proper superintendent. At the close of each period each teacher shall transmit to the superintendent a report showing (1) the name, age, and address of each child enrolled, (2) the number of half days each child was absent, (3) the number enrolled and the number attending on the last day of the period, and (4) the average daily attendance for the period. The provisions of this section requiring reports from each teacher shall not apply to individual teachers in schools employing more than one teacher but shall in such case apply to the head teacher, principal, or superintendent who shall obtain the required information from the teachers under his or her supervision or control. All reports and lists required in this section shall be upon blanks prescribed by the State Department of Education.

Source:Laws 1921, c. 53, § 1(g), p. 229; C.S.1922, § 6508e; C.S.1929, § 79-1905; R.S.1943, § 79-1912; Laws 1949, c. 256, § 15, p. 695; Laws 1959, c. 382, § 1, p. 1324; R.S.1943, (1994), § 79-209; Laws 1996, LB 900, § 11.


79-208. Compulsory attendance; attendance officers; powers and duties; compensation.

School boards shall appoint one or more attendance officers who shall be vested with police powers and shall enforce the provisions of section 79-201 in the school districts for which they act. Attendance officers shall be compensated for their services in such sums as are determined by the school board, to be paid out of the general school fund of the district.

Source:Laws 1901, c. 70, § 2, p. 456; Laws 1903, c. 95, § 2, p. 552; Laws 1905, c. 141, § 1, p. 578; Laws 1909, c. 130, § 1, p. 474; R.S.1913, § 6925; Laws 1919, c. 155, § 9, p. 350; Laws 1921, c. 53, § 2, p. 231; C.S.1922, § 6509; C.S.1929, § 79-1914; R.S.1943, § 79-1921; Laws 1949, c. 256, § 16, p. 695; R.S.1943, (1994), § 79-210; Laws 1996, LB 900, § 12; Laws 1999, LB 272, § 27.    


Cross References

79-209. Compulsory attendance; nonattendance; school district; duties; collaborative plan; considerations; referral to county attorney; notice.

(1) In all school districts in this state, any superintendent, principal, teacher, or member of the school board who knows of any violation of subsection (2) of section 79-201 shall within three days report such violation to the attendance officer of the school, who shall immediately investigate the case. When of his or her personal knowledge or by report or complaint from any resident of the district, the attendance officer believes that there is a violation of subsection (2) of section 79-201, the attendance officer shall immediately investigate such alleged violation.

(2) All school boards shall have a written policy on attendance developed and annually reviewed in collaboration with the county attorney of the county in which the principal office of the school district is located. The policy shall include a provision indicating how the school district will handle cases in which excessive absences are due to illness. The policy shall also state the circumstances and number of absences or the hourly equivalent upon which the school shall render all services to address barriers to attendance. Such services shall include, but not be limited to:

(a) Verbal or written communication by school officials with the person or persons who have legal or actual charge or control of any child; and

(b) One or more meetings between, at a minimum, a school attendance officer, a school social worker, or a school administrator or his or her designee, the person who has legal or actual charge or control of the child, and the child, when appropriate, to attempt to address the barriers to attendance. The result of the meeting or meetings shall be to develop a collaborative plan to reduce barriers identified to improve regular attendance. The plan shall consider, but not be limited to:

(i) Illness related to physical or behavioral health of the child;

(ii) Educational counseling;

(iii) Educational evaluation;

(iv) Referral to community agencies for economic services;

(v) Family or individual counseling; and

(vi) Assisting the family in working with other community services.

(3) The school may report to the county attorney of the county in which the person resides when the school has documented the efforts it has made as required by subsection (2) of this section that the collaborative plan to reduce barriers identified to improve regular attendance has not been successful and that the child has been absent more than twenty days per year. The school shall notify the child's family in writing prior to referring the child to the county attorney. Failure by the school to document the efforts required by subsection (2) of this section is a defense to prosecution under section 79-201 and adjudication for educational neglect under subdivision (3)(a) of section 43-247 and habitual truancy under subdivision (3)(b) of section 43-247. Illness that makes attendance impossible or impracticable shall not be the basis for referral to the county attorney.

(4) Nothing in this section shall preclude a county attorney from being involved at any stage in the process to address excessive absenteeism.

Source:Laws 1901, c. 70, § 2, p. 456; Laws 1903, c. 95, § 2, p. 552; Laws 1905, c. 141, § 1, p. 578; Laws 1909, c. 130, § 1, p. 474; R.S.1913, § 6925; Laws 1919, c. 155, § 9, p. 350; Laws 1921, c. 53, § 2, p. 231; C.S.1922, § 6509; C.S.1929, § 79-1914; R.S.1943, § 79-1922; Laws 1949, c. 256, § 17, p. 696; Laws 1986, LB 528, § 8; Laws 1994, LB 1250, § 5; R.S.1943, (1994), § 79-211; Laws 1996, LB 900, § 13; Laws 1998, Spec. Sess., LB 1, § 6; Laws 1999, LB 272, § 28;    Laws 2010, LB800, § 35;    Laws 2011, LB463, § 19;    Laws 2012, LB933, § 1;    Laws 2014, LB464, § 34.    


Annotations

79-210. Violations; penalty.

Any person violating the provisions of sections 79-201 to 79-209 shall be guilty of a Class III misdemeanor.

Source:Laws 1951, c. 276, § 1, p. 928; Laws 1977, LB 39, § 247; R.S.1943, (1994), § 79-216; Laws 1996, LB 900, § 14.


Annotations

79-211. Minimum school term.

The school term shall not be less than (1) one thousand thirty-two instructional hours for elementary grades and (2) one thousand eighty instructional hours for high school grades in any public school district or private, denominational, or parochial school. If any district which receives twenty percent or more of its total receipts for general fund purposes from federal sources fails to actually receive receipts anticipated at the time of the adoption of the school budget from taxes, state funds, federal funds, tuition, or other sources, the school board or board of education of such district may, at any time during the school year, elect to close all or part of its schools.

Source:Laws 1996, LB 900, § 15.


79-212. Kindergarten program; minimum hours.

The school board or board of education of any school district offering a kindergarten program shall provide a program of at least four hundred clock hours each school year.

Source:Laws 1967, c. 520, § 1, p. 1742; Laws 1977, LB 430, § 1; Laws 1978, LB 596, § 2; R.S.1943, (1981), § 79-549; Laws 1985, LB 633, § 4; R.S.1943, (1994), § 79-201.10; Laws 1996, LB 900, § 16.


Cross References

79-213. School; failure to maintain; loss of state funds; exceptions.

No school district shall receive any portion of state funds pursuant to the Tax Equity and Educational Opportunities Support Act unless school has been actually taught in the district by a legally certificated teacher for the length of time required by law or unless the pupils residing in the district have attended school in another district for the length of time required by law. At the discretion of the State Board of Education, the closing of a school shall not prevent a district from being accredited or receiving its proper share of state funds when epidemic sickness or severe storm conditions prevail to such an extent that the school board in any district deems it advisable to close any or all schools within the district or when the destruction of the schoolhouse makes it impossible to continue the school. Such sickness, storm conditions, or destruction of the schoolhouse shall be sworn to by the secretary of the school board and the oath filed with the State Board of Education if the school board of the school district is proposing to offer fewer hours than required by law.

Source:Laws 1881, c. 78, subdivision II, § 14, p. 341; Laws 1883, c. 72, § 3, p. 290; Laws 1889, c. 78, § 7, p. 544; Laws 1903, c. 85, § 2, p. 535; Laws 1913, c. 57, § 1, p. 168; R.S.1913, § 6745; Laws 1915, c. 116, § 1, p. 266; C.S.1922, § 6286; Laws 1927, c. 87, § 1, p. 255; C.S.1929, § 79-218; Laws 1933, c. 138, § 1, p. 545; Laws 1935, c. 168, § 1, p. 619; Laws 1939, c. 113, § 1, p. 488; C.S.Supp.,1941, § 79-218; R.S.1943, § 79-224; Laws 1949, c. 256, § 109, p. 728; Laws 1971, LB 227, § 1; Laws 1990, LB 1090, § 8; Laws 1990, LB 1059, § 37; R.S.1943, (1994), § 79-470; Laws 1996, LB 900, § 17; Laws 1998, Spec. Sess., LB 1, § 7.


Cross References

79-214. Admission of children; kindergarten; age; evidence of physical examination; visual evaluation; when; exception.

(1)(a) Except as provided in subdivision (1)(b) of this section, the school board of any school district shall not admit any child into the kindergarten of any school of such school district unless such child has reached the age of five years on or before July 31 of the calendar year in which the school year for which the child is seeking admission begins.

(b) The board shall admit a child who will reach the age of five years on or after August 1 and on or before October 15 of such school year if the parent or guardian requests such entrance and provides an affidavit stating that (i) the child attended kindergarten in another jurisdiction in the current school year, (ii) the family anticipates relocation to another jurisdiction that would allow admission within the current year, or (iii) the child is capable of carrying the work of kindergarten which can be demonstrated through a recognized assessment procedure approved by the board. Each school board shall, for purposes of this subdivision, approve and make available a recognized assessment procedure for determining if a child is capable of carrying the work of kindergarten. The school board shall update approved procedures as the board deems appropriate.

(2) The board shall comply with the requirements of subsection (2) of section 43-2007 and shall require evidence of: (a) A physical examination by a physician, a physician assistant, or an advanced practice registered nurse, practicing under and in accordance with his or her respective certification act, within six months prior to the entrance of a child into the beginner grade and the seventh grade or, in the case of a transfer from out of state, to any other grade of the local school; and (b) a visual evaluation by a physician, a physician assistant, an advanced practice registered nurse, or an optometrist within six months prior to the entrance of a child into the beginner grade or, in the case of a transfer from out of state, to any other grade of the local school, which consists of testing for amblyopia, strabismus, and internal and external eye health, with testing sufficient to determine visual acuity, except that no such physical examination or visual evaluation shall be required of any child whose parent or guardian objects in writing. The cost of such physical examination and visual evaluation shall be borne by the parent or guardian of each child who is examined.

Source:Laws 1931, c. 139, § 1, p. 385; C.S.Supp.,1941, § 79-412; R.S.1943, § 79-414; Laws 1949, c. 258, § 1, p. 869; Laws 1949, c. 256, § 83, p. 720; Laws 1965, c. 519, § 1, p. 1644; Laws 1967, c. 532, § 1, p. 1766; Laws 1973, LB 403, § 20; Laws 1979, LB 59, § 1; Laws 1986, LB 68, § 2; Laws 1987, LB 367, § 66; Laws 1988, LB 1013, § 4; Laws 1991, LB 836, § 33; Laws 1993, LB 348, § 18; Laws 1995, LB 214, § 1; Laws 1995, LB 401, § 42; R.S.Supp.,1995, § 79-444; Laws 1996, LB 900, § 18; Laws 1998, LB 1229, § 2; Laws 2000, LB 1115, § 87;    Laws 2001, LB 797, § 4;    Laws 2005, LB 114, § 1;    Laws 2005, LB 256, § 96;    Laws 2010, LB1006, § 2;    Laws 2013, LB410, § 2.    


Annotations

79-215. Students; admission; tuition; persons exempt; department; duties.

(1) Except as otherwise provided in this section, a student is a resident of the school district where he or she resides and shall be admitted to any such school district upon request without charge.

(2) A school board shall admit a student upon request without charge if at least one of the student's parents resides in the school district.

(3) A school board shall admit any homeless student upon request without charge if the district is the district in which the student (a) is currently located, (b) attended when permanently housed, or (c) was last enrolled.

(4) A school board may allow a student whose residency in the district ceases during a school year to continue attending school in such district for the remainder of that school year.

(5) A school board may admit nonresident students to the school district pursuant to a contract with the district where the student is a resident and shall collect tuition pursuant to the contract.

(6) A school board may admit nonresident students to the school district pursuant to the enrollment option program as authorized by sections 79-232 to 79-246, and such admission shall be without charge.

(7) For school years prior to school year 2017-18, a school board of any school district that is a member of a learning community shall admit nonresident students to the school district pursuant to the open enrollment provisions of a diversity plan in a learning community as authorized by section 79-2110, and such admission shall be without charge.

(8) A school board may admit a student who is a resident of another state to the school district and collect tuition in advance at a rate determined by the school board.

(9) When a student as a ward of the state or as a ward of any court (a) has been placed in a school district other than the district in which he or she resided at the time he or she became a ward and such ward does not reside in a foster family home licensed or approved by the Department of Health and Human Services or a foster home maintained or used pursuant to section 83-108.04 or (b) has been placed in any institution which maintains a special education program which has been approved by the State Department of Education and such institution is not owned or operated by the district in which he or she resided at the time he or she became a ward, the cost of his or her education and the required transportation costs associated with the student's education shall be paid by the state, but not in advance, to the receiving school district or approved institution under rules and regulations prescribed by the Department of Health and Human Services and the student shall remain a resident of the district in which he or she resided at the time he or she became a ward. Any student who is a ward of the state or a ward of any court who resides in a foster family home licensed or approved by the Department of Health and Human Services or a foster home maintained or used pursuant to section 83-108.04 shall be deemed a resident of the district in which he or she resided at the time he or she became a foster child, unless it is determined under section 43-1311 or 43-1312 that he or she will not attend such district in which case he or she shall be deemed a resident of the district in which the foster family home or foster home is located.

(10)(a) When a student is not a ward of the state or a ward of any court and is residing in a residential setting located in Nebraska for reasons other than to receive an education and the residential setting is operated by a service provider which is certified or licensed by the Department of Health and Human Services or is enrolled in the medical assistance program established pursuant to the Medical Assistance Act and Title XIX or XXI of the federal Social Security Act, as amended, the student shall remain a resident of the district in which he or she resided immediately prior to residing in such residential setting. The resident district for a student who is not a ward of the state or a ward of any court does not change when the student moves from one residential setting to another.

(b) If a student is residing in a residential setting as described in subdivision (10)(a) of this section and such residential setting does not maintain an interim-program school as defined in section 79-1119.01 or an approved or accredited school, the resident school district shall contract with the district in which such residential setting is located for the provision of all educational services, including all special education services and support services as defined in section 79-1125.01, unless a parent or guardian and the resident school district agree that an appropriate education will be provided by the resident school district while the student is residing in such residential setting. If the resident school district is required to contract, the district in which such residential setting is located shall contract with the resident district and provide all educational services, including all special education services, to the student. If the two districts cannot agree on the amount of the contract, the State Department of Education shall determine the amount to be paid by the resident district to the district in which such residential setting is located based on the needs of the student, approved special education rates, the department's general experience with special education budgets, and the cost per student in the district in which such residential setting is located. Once the contract has been entered into, all legal responsibility for special education and related services shall be transferred to the school district in which the residential setting is located.

(c) If a student is residing in a residential setting as described in subdivision (10)(a) of this section and such residential setting maintains an interim-program school as defined in section 79-1119.01 or an approved or accredited school, the department shall reimburse such residential setting for the provision of all educational services, including all special education services and support services, with the amount of payment for all educational services determined pursuant to the average per pupil cost of the service agency as defined in section 79-1116. The resident school district shall retain responsibility for such student's individualized education plan, if any. The educational services may be provided through (i) such interim-program school or approved or accredited school, (ii) a contract between the residential setting and the school district in which such residential setting is located, (iii) a contract between the residential setting and another service agency as defined in section 79-1124, or (iv) a combination of such educational service providers.

(d) If a school district pays a school district in which a residential setting is located for educational services provided pursuant to subdivision (10)(b) of this section and it is later determined that a different school district was the resident school district for such student at the time such educational services were provided, the school district that was later determined to be the resident school district shall reimburse the school district that initially paid for the educational services one hundred ten percent of the amount paid.

(e) A student residing in a residential setting described in this subsection shall be defined as a student with a handicap pursuant to Article VII, section 11, of the Constitution of Nebraska, and as such the state and any political subdivision may contract with institutions not wholly owned or controlled by the state or any political subdivision to provide the educational services to the student if such educational services are nonsectarian in nature.

(11) In the case of any individual eighteen years of age or younger who is a ward of the state or any court and who is placed in a county detention home established under section 43-2,110, the cost of his or her education shall be paid by the state, regardless of the district in which he or she resided at the time he or she became a ward, to the agency or institution which: (a) Is selected by the county board with jurisdiction over such detention home; (b) has agreed or contracted with such county board to provide educational services; and (c) has been approved by the State Department of Education pursuant to rules and regulations prescribed by the State Board of Education.

(12) No tuition shall be charged for students who may be by law allowed to attend the school without charge.

(13) On a form prescribed by the State Department of Education, an adult with legal or actual charge or control of a student shall provide the name of the student, the name of the adult with legal or actual charge or control of the student, the address where the student is residing, and the telephone number and address where the adult may generally be reached during the school day. If the student is homeless or if the adult does not have a telephone number and address where he or she may generally be reached during the school day, those parts of the form may be left blank and a box may be marked acknowledging that these are the reasons these parts of the form were left blank. The adult with legal or actual charge or control of the student shall also sign the form.

(14) The department may adopt and promulgate rules and regulations to carry out the department's responsibilities under this section.

Source:Laws 1881, c. 78, subdivision V, § 4, p. 352; Laws 1883, c. 72, § 11, p. 293; Laws 1901, c. 63, § 10, p. 440; R.S.1913, § 6784; Laws 1921, c. 64, § 1, p. 250; C.S.1922, § 6325; Laws 1927, c. 88, § 1, p. 257; C.S.1929, § 79-504; R.S.1943, § 79-504; Laws 1947, c. 273, § 1, p. 877; Laws 1949, c. 256, § 84, p. 720; Laws 1972, LB 1219, § 1; Laws 1974, LB 43, § 1; Laws 1979, LB 128, § 1; Laws 1980, LB 770, § 1; Laws 1980, LB 839, § 1; Laws 1982, LB 642, § 1; Laws 1984, LB 286, § 1; Laws 1984, LB 768, § 1; Laws 1985, LB 592, § 1; Laws 1985, LB 725, § 1; Laws 1991, LB 511, § 29; Laws 1992, LB 245, § 34; Laws 1992, Third Spec. Sess., LB 3, § 1; Laws 1994, LB 858, § 5; R.S.1943, (1994), § 79-445; Laws 1996, LB 900, § 19; Laws 1996, LB 1044, § 814; Laws 1997, LB 307, § 212; Laws 2000, LB 1243, § 2;    Laws 2001, LB 797, § 5;    Laws 2002, LB 1105, § 503;    Laws 2006, LB 1248, § 87;    Laws 2008, LB1014, § 68;    Laws 2010, LB1071, § 3;    Laws 2010, LB1087, § 1;    Laws 2015, LB525, § 4;    Laws 2016, LB1067, § 11.    


Cross References

Annotations

79-216. Children of members in military service; children of parents employed by federal government and living on national parks; admission discretionary; when exempt from tuition.

In all cases when any officer or enlisted member of the United States Army, Navy, Marine Corps, or Air Force is on active duty in the State of Nebraska and is residing on property acquired by the United States pursuant to Chapter 72, article 6, prior to the repeal of such article by Laws 1969, Chapter 593, the children of any such officer or enlisted member who are of school age may be admitted to any of the public schools in any school district, in, near, or adjacent to the place where such officer or enlisted member is stationed so long as such officer or enlisted member is on active duty in Nebraska, and such children may be admitted to the public schools of any such district without payment of tuition.

This section also applies to children of parents employed by the federal government and residing with their parents on national parks or national monuments within this state.

Source:Laws 1937, c. 185, § 1, p. 742; C.S.Supp.,1941, § 79-521; R.S.1943, § 79-518; Laws 1949, c. 256, § 85, p. 721; Laws 1959, c. 390, § 1, p. 1345; Laws 1967, c. 533, § 1, p. 1767; Laws 1971, LB 292, § 9; Laws 1993, LB 839, § 4; R.S.1943, (1994), § 79-446; Laws 1996, LB 900, § 20.


Annotations

79-217. School board and governing authority; student; immunization against certain contagious diseases; exception.

(1) Except as provided in sections 79-221 and 79-222, the school board or board of education of each school district and the governing authority of each private, denominational, or parochial school in this state shall require each student to be protected against measles, mumps, rubella, poliomyelitis, diphtheria, pertussis, and tetanus by immunization prior to enrollment. Any student who does not comply with this section shall not be permitted to continue in school until he or she so complies, except as provided by section 79-222. Each school district shall make diligent efforts to inform families prior to the date of school registration of the immunization requirements of this section.

(2) Except as provided in sections 79-221 and 79-222, on and after July 1, 2010, every student entering the seventh grade shall have a booster immunization containing diphtheria and tetanus toxoids and an acellular pertussis vaccine which meets the standards approved by the United States Public Health Service for such biological products, as such standards existed on January 1, 2009.

(3) Except as provided in the Childhood Vaccine Act, the cost of such immunizations shall be borne by the parent or guardian of each student who is immunized or by the Department of Health and Human Services for those students whose parent or guardian is financially unable to meet such cost.

Source:Laws 1973, LB 173, § 1; Laws 1973, LB 546, § 1; Laws 1979, LB 59, § 2; Laws 1992, LB 431, § 8; Laws 1993, LB 536, § 109; Laws 1994, LB 1223, § 128; R.S.1943, (1994), § 79-444.01; Laws 1996, LB 900, § 21; Laws 1996, LB 1044, § 811; Laws 2005, LB 301, § 63;    Laws 2007, LB296, § 707;    Laws 2009, LB464, § 1.    


Cross References

Annotations

79-218. School board and governing authority; immunization clinics; request assistance.

Any school board or board of education of a school district or the governing authority of a private, denominational, or parochial school in this state may request assistance from the Department of Health and Human Services in establishing immunization clinics. Such assistance shall consist of vaccines, serums, and other supplies, services, and guidance from the Department of Health and Human Services.

Source:Laws 1973, LB 173, § 2; R.S.1943, (1994), § 79-444.02; Laws 1996, LB 900, § 22; Laws 1996, LB 1044, § 812; Laws 2005, LB 301, § 64;    Laws 2007, LB296, § 708.    


79-219. Student; immunization status; Department of Health and Human Services; rules and regulations.

The Department of Health and Human Services shall adopt and promulgate rules and regulations relating to the required levels of protection, provisional enrollment under the provisions of section 79-222, the evidence necessary to prove that the required examination or immunization has been received, and the reporting of each student's immunization status. The department may modify, add to, or delete from the list of required immunizations set out in section 79-217. The department shall furnish local school authorities with copies of such rules and regulations and any other material which will assist in the carrying out of sections 79-214 and 79-217 to 79-223.

Source:Laws 1979, LB 59, § 3; Laws 1994, LB 1223, § 129; R.S.1943, (1994), § 79-444.03; Laws 1996, LB 900, § 23; Laws 1996, LB 1044, § 813; Laws 1998, LB 1073, § 159; Laws 2005, LB 301, § 65;    Laws 2007, LB296, § 709.    


79-220. Child; physical examination; visual evaluation; immunization; right of refusal.

At the time the parent or guardian of any child is notified that such child must have a physical examination and a visual evaluation pursuant to section 79-214 or immunizations pursuant to section 79-217, the parent or guardian shall also be notified in writing of (1) his or her right to submit a written statement refusing a physical examination, a visual evaluation, or immunization for his or her child and (2) a telephone number or other contact information to assist the parent or guardian in receiving information regarding free or reduced-cost visual evaluations for low-income families who qualify.

Source:Laws 1979, LB 59, § 4; R.S.1943, (1994), § 79-444.04; Laws 1996, LB 900, § 24; Laws 2005, LB 114, § 2.    


79-221. Immunization; when not required.

Immunization shall not be required for a student's enrollment in any school in this state if he or she submits to the admitting official either of the following:

(1) A statement signed by a physician, a physician assistant, or an advanced practice registered nurse practicing under and in accordance with his or her respective certification act, stating that, in the health care provider's opinion, the immunizations required would be injurious to the health and well-being of the student or any member of the student's family or household; or

(2) An affidavit signed by the student or, if he or she is a minor, by a legally authorized representative of the student, stating that the immunization conflicts with the tenets and practice of a recognized religious denomination of which the student is an adherent or member or that immunization conflicts with the personal and sincerely followed religious beliefs of the student.

Source:Laws 1993, LB 536, § 110; Laws 1995, LB 214, § 2; R.S.Supp.,1995, § 79-444.06; Laws 1996, LB 900, § 25; Laws 2000, LB 1115, § 88;    Laws 2005, LB 256, § 97.    


79-222. Immunizations; provisional enrollment; conditions.

(1) A student may be provisionally enrolled in a school in Nebraska if he or she meets either of the following qualifications:

(a) The student has begun the immunizations required under section 79-217 and is receiving the necessary immunizations as rapidly as is medically feasible; or

(b) The student is the child or legal ward of an officer or enlisted person on active duty in any branch of the military services of the United States or of his or her spouse, enrolling in a Nebraska school following residence in another state or in a foreign country.

(2) As a condition for the provisional enrollment of a student qualified for such enrollment under subdivision (1)(b) of this section, a parent or adult legal guardian of the student shall provide the school with a signed written statement certifying that the student has completed the course of immunizations required by section 79-217.

(3) The provisional enrollment of a student qualified for such enrollment under subdivision (1)(b) of this section shall not continue beyond sixty days from the date of such enrollment. At such time the school shall be provided, with regard to the student, written evidence of compliance with section 79-217. The student shall not be permitted to continue in school until such evidence of compliance is provided.

Source:Laws 1993, LB 536, § 111; Laws 1994, LB 1223, § 130; R.S.1943, (1994), § 79-444.07; Laws 1996, LB 900, § 26.


79-223. Violations; penalty.

Any person violating the provisions of section 79-214, 79-217, 79-219, or 79-220 shall be guilty of a Class V misdemeanor.

Source:Laws 1979, LB 59, § 5; R.S.1943, (1994), § 79-444.05; Laws 1996, LB 900, § 27.


79-224. Asthma or anaphylaxis condition; self-management by student; conditions; request; authorization.

(1) An approved or accredited public, private, denominational, or parochial school shall allow a student with asthma or anaphylaxis to self-manage his or her asthma or anaphylaxis condition upon written request of the student's parent or guardian and authorization of the student's physician or other health care professional who prescribed the medication for treatment of the student's condition, upon receipt of a signed statement under subsection (5) of this section, and pursuant to an asthma or anaphylaxis medical management plan developed under subsection (2) of this section.

(2) Upon receipt of a written request and authorization under subsection (1) of this section, the school and the parent or guardian, in consultation with the student's physician or such other health care professional, shall develop an asthma or anaphylaxis medical management plan for the student for the current school year. Such plan shall (a) identify the health care services the student may receive at school relating to such condition, (b) evaluate the student's understanding of and ability to self-manage his or her asthma or anaphylaxis condition, (c) permit regular monitoring of the student's self-management of his or her asthma or anaphylaxis condition by an appropriately credentialed health care professional, (d) include the name, purpose, and dosage of the prescription asthma or anaphylaxis medication prescribed for such student, (e) include procedures for storage and access to backup supplies of such prescription asthma or anaphylaxis medication, and (f) be signed by the student's parent or guardian and the physician or such other health care professional responsible for treatment of the student's asthma or anaphylaxis condition. The school may consult with a registered nurse or other health care professional employed by such school during development of the plan. The plan and the signed statement required by subsection (5) of this section shall be kept on file at the school where the student is enrolled.

(3) Pursuant to the asthma or anaphylaxis medical management plan developed under subsection (2) of this section, a student with asthma or anaphylaxis shall be permitted to self-manage his or her asthma or anaphylaxis condition in the classroom or any part of the school or on school grounds, during any school-related activity, or in any private location specified in the plan. The student for whom an asthma or anaphylaxis medical management plan has been developed under this section shall promptly notify the school nurse, such nurse's designee, or another designated adult at the school when such student has self-administered prescription asthma or anaphylaxis medication pursuant to such plan.

(4)(a) If a student for whom an asthma or anaphylaxis medical management plan has been developed under this section uses his or her prescription asthma or anaphylaxis medication other than as prescribed, he or she may be subject to disciplinary action by the school, except that such disciplinary action shall not include a limitation or restriction on the student's access to such medication. The school shall promptly notify the parent or guardian of any disciplinary action imposed.

(b) If a student for whom an asthma or anaphylaxis medical management plan has been developed under this section injures school personnel or another student as the result of the misuse of prescription asthma or anaphylaxis medication or related medical supplies, the parent or guardian of the student for whom such plan has been developed shall be responsible for any and all costs associated with such injury.

(5) The parent or guardian of a student for whom an asthma or anaphylaxis medical management plan has been developed under this section shall sign a statement acknowledging that (a) the school and its employees and agents are not liable for any injury or death arising from a student's self-management of his or her asthma or anaphylaxis condition and (b) the parent or guardian shall indemnify and hold harmless the school and its employees and agents against any claim arising from a student's self-management of his or her asthma or anaphylaxis condition.

Source:Laws 2006, LB 1148, § 1;    Laws 2016, LB1086, § 1.    


79-225. Diabetic condition; self-management by student; conditions; request; authorization.

(1) An approved or accredited public, private, denominational, or parochial school shall allow a student with diabetes to self-manage his or her diabetic condition upon written request of the student's parent or guardian and authorization of the student's physician, upon receipt of a signed statement under subsection (5) of this section, and pursuant to a diabetes medical management plan developed under subsection (2) of this section.

(2) Upon receipt of a written request and authorization under subsection (1) of this section, the school and the parent or guardian, in consultation with the student's physician, shall develop a diabetes medical management plan for the student for the current school year. The plan shall (a) identify the health care services the student may receive at school relating to such condition, (b) evaluate the student's understanding of and ability to self-manage his or her diabetic condition, (c) permit regular monitoring of the student's self-management of his or her diabetic condition by an appropriately credentialed health care professional, and (d) be signed by the student's parent or guardian and the physician responsible for treatment of the student's diabetic condition. The school may consult with a registered nurse or other health care professional employed by such school during development of the plan. The plan and the signed statement required by subsection (5) of this section shall be kept on file at the school where the student is enrolled.

(3) Pursuant to the diabetes medical management plan developed under subsection (2) of this section, a student with a diabetic condition shall be permitted to self-manage his or her diabetic condition in the classroom or any part of the school or on school grounds during any school-related activity or in any private location specified in the plan.

(4)(a) A school may prohibit a student from possessing the necessary medical supplies to self-manage his or her diabetic condition or place other necessary and appropriate restrictions or conditions on the student's self-management of his or her diabetic condition if the school determines that the student has endangered himself, herself, or others through the misuse or threatened misuse of such medical supplies. The school shall promptly notify the parent or guardian of any prohibition, restriction, or condition imposed.

(b) If a student for whom a diabetes medical management plan has been developed under this section injures school personnel or another student as the result of the misuse of necessary diabetic medical supplies, the parent or guardian of the student for whom such plan has been developed shall be responsible for any and all costs associated with such injury.

(5) The parent or guardian of a student for whom a diabetes medical management plan has been developed under this section shall sign a statement acknowledging that (a) the school and its employees and agents are not liable for any injury or death arising from a student's self-management of his or her diabetic condition and (b) the parent or guardian shall indemnify and hold harmless the school and its employees and agents against a claim arising from a student's self-management of his or her diabetic condition.

Source:Laws 2006, LB 1107, § 1.    


79-226. Repealed. Laws 1997, LB 347, § 59.

79-227. Repealed. Laws 1997, LB 347, § 59.

79-228. Repealed. Laws 1997, LB 347, § 59.

79-229. Repealed. Laws 1997, LB 347, § 59.

79-230. Repealed. Laws 1997, LB 347, § 59.

79-231. Repealed. Laws 1997, LB 347, § 59.

79-232. Legislative findings.

The Legislature finds and declares that parents and legal guardians have the primary responsibility of ensuring that their children receive the best education possible. In recognition of this responsibility, the Legislature intends to provide educational options for parents and legal guardians, when deciding what public school or public school district is best for their children, by allowing them to consider the following factors, including, but not limited to:

(1) The size of the schools and school districts in the area;

(2) The distance children have to travel and the ease and availability of transportation;

(3) The course offerings and extracurricular offerings of the schools and school districts in the area;

(4) The quantity and quality of the staff at such schools and school districts; and

(5) The performance of the school district on any indicators of performance established by the State Department of Education.

Source:Laws 1989, LB 183, § 1; Laws 1994, LB 930, § 1; R.S.1943, (1994), § 79-3401; Laws 1996, LB 900, § 36; Laws 2006, LB 1024, § 17.    


79-233. Terms, defined.

For purposes of sections 79-232 to 79-246:

(1) Enrollment option program means the program established in section 79-234;

(2) Option school district means the public school district that an option student chooses to attend instead of his or her resident school district;

(3) Option student means a student that has chosen to attend an option school district, including an open enrollment option student or a student who resides in a learning community and began attendance as an option student in an option school district in such learning community prior to the end of the first full school year for which the option school district will be a member of such learning community, but, for school years prior to school year 2017-18, not including a student who resides in a learning community and who attends pursuant to section 79-2110 another school district in such learning community;

(4) Open enrollment option student means a student who resides in a school district that is a member of a learning community, attended a school building in another school district in such learning community as an open enrollment student pursuant to section 79-2110, and attends such school building as an option student pursuant to section 79-235.01;

(5) Resident school district means the public school district in which a student resides or the school district in which the student is admitted as a resident of the school district pursuant to section 79-215; and

(6) Siblings means all children residing in the same household on a permanent basis who have the same mother or father or who are stepbrother or stepsister to each other.

Source:Laws 1989, LB 183, § 2; Laws 1990, LB 843, § 3; Laws 1992, LB 1001, § 36; R.S.1943, (1994), § 79-3402; Laws 1996, LB 900, § 37; Laws 1997, LB 347, § 4; Laws 2006, LB 1024, § 18;    Laws 2008, LB988, § 3;    Laws 2009, LB62, § 1;    Laws 2009, LB549, § 4;    Laws 2016, LB1067, § 12.    


79-234. Enrollment option program; established; limitations.

(1) An enrollment option program is hereby established to enable any kindergarten through twelfth grade Nebraska student to attend a school in a Nebraska public school district in which the student does not reside subject to the limitations prescribed in section 79-238. The option shall be available only once to each student prior to graduation, except that the option does not count toward such limitation if such option meets, or met at the time of the option, one of the following criteria: (a) The student relocates to a different resident school district, (b) the option school district merges with another district, (c) the option school district is a Class I district, (d) the student will have completed either the grades offered in the school building originally attended in the option school district or the grades immediately preceding the lowest grade offered in the school building for which a new option is sought, (e) the option would allow the student to continue current enrollment in a school district, (f) the option would allow the student to enroll in a school district in which the student was previously enrolled as a student, or (g) the student is an open enrollment option student. Sections 79-232 to 79-246 do not relieve a parent or guardian from the compulsory attendance requirements in section 79-201.

(2) The program shall not apply to any student who resides in a district which has entered into an annexation agreement pursuant to section 79-473, except that such student may transfer to another district which accepts option students.

Source:Laws 1989, LB 183, § 3; Laws 1990, LB 843, § 4; Laws 1991, LB 207, § 3; Laws 1993, LB 348, § 64; R.S.1943, (1994), § 79-3403; Laws 1996, LB 900, § 38; Laws 2008, LB1154, § 7;    Laws 2009, LB549, § 5;    Laws 2013, LB410, § 3;    Laws 2016, LB1066, § 2;    Laws 2016, LB1067, § 13.    


79-235. Option students; treatment; building assignment.

For purposes of all duties, entitlements, and rights established by law, including special education as provided in section 79-1127, except as provided in section 79-241 and, for open enrollment option students, except as provided in section 79-235.01, option students shall be treated as resident students of the option school district. The option student may request a particular school building, but the building assignment of the option student shall be determined by the option school district except as provided in section 79-235.01 for open enrollment option students and in subsection (3) of section 79-2110 for students attending a focus school, focus program, or magnet school. In determining eligibility for extracurricular activities as defined in section 79-2,126, the option student shall be treated similarly to other students who transfer into the school from another public, private, denominational, or parochial school.

Source:Laws 1989, LB 183, § 4; Laws 1990, LB 843, § 5; R.S.1943, (1994), § 79-3404; Laws 1996, LB 900, § 39; Laws 1996, LB 1050, § 8; Laws 2003, LB 249, § 1;    Laws 2016, LB1067, § 14.    


79-235.01. Open enrollment option student; continued attendance; attendance at another school building; application.

Each student attending a school building outside of the resident school district as an open enrollment student pursuant to section 79-2110 for any part of school year 2016-17 shall be automatically approved as an open enrollment option student beginning with school year 2017-18 and allowed to continue attending such school building as an option student without submitting an additional application unless the student has completed the grades offered in such school building or has been expelled and is disqualified pursuant to section 79-266.01. Except as provided in subsection (3) of section 79-2110 for students attending a focus school, focus program, or magnet school, approval as an open enrollment option student pursuant to this section does not permit the student to attend another school building within the option school district unless an application meeting the requirements prescribed in section 79-237 is approved by the school board of the option school district. Upon approval of an application meeting the requirements prescribed in section 79-237, a student previously enrolled as an open enrollment student in the option school district shall be treated as an option student of the option school district without regard to his or her former status as an open enrollment student. Except as otherwise provided in this section and sections 79-234, 79-235, 79-237, and 79-238 and subsection (3) of section 79-2110, open enrollment option students shall be treated as option students of the option school district.

Source:Laws 2016, LB1067, § 15.    


79-236. Program; implementation.

Beginning with the 1993-94 school year, the enrollment option program shall be implemented by all public school districts.

Source:Laws 1989, LB 183, § 5; Laws 1990, LB 843, § 6; Laws 1991, LB 207, § 4; Laws 1993, LB 348, § 65; R.S.1943, (1994), § 79-3405; Laws 1996, LB 900, § 40.


79-237. Attendance; application; cancellation; forms.

(1) For a student to begin attendance as an option student in an option school district in which the student resides, the student's parent or legal guardian shall submit an application to the school board of the option school district between September 1 and March 15 for attendance during the following and subsequent school years. Except as provided in subsection (2) of this section, applications submitted after March 15 shall contain a release approval from the resident school district on the application form prescribed and furnished by the State Department of Education pursuant to subsection (8) of this section. A district may not accept or approve any applications submitted after such date without such a release approval. The option school district shall provide the resident school district with the name of the applicant on or before April 1 or, in the case of an application submitted after March 15, within sixty days after submission. The option school district shall notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected on or before April 1 or, in the case of an application submitted after March 15, within sixty days after submission. An option school district that is a member of a learning community may not approve an application pursuant to this section for a student who resides in such learning community to attend prior to school year 2017-18.

(2) A student who relocates to a different resident school district after February 1 or whose option school district merges with another district effective after February 1 may submit an application to the school board of an option school district for attendance during the current or immediately following and subsequent school years unless the applicant is a resident of a learning community and the application is for attendance to begin prior to school year 2017-18 in an option school district that is also a member of such learning community. Such application does not require the release approval of the resident school district. The option school district shall accept or reject such application within forty-five days.

(3) A parent or guardian may provide information on the application for an option school district that is a member of a learning community regarding the applicant's potential qualification for free or reduced-price lunches. Any such information provided shall be subject to verification and shall only be used for the purposes of subsection (4) of section 79-238. Nothing in this subsection requires a parent or guardian to provide such information. Determinations about an applicant's qualification for free or reduced-price lunches for purposes of subsection (4) of section 79-238 shall be based on any verified information provided on the application. If no such information is provided, the student shall be presumed not to qualify for free or reduced-price lunches for the purposes of subsection (4) of section 79-238.

(4) Applications for students who do not actually attend the option school district may be withdrawn in good standing upon mutual agreement by both the resident and option school districts.

(5) No option student shall attend an option school district for less than one school year unless the student relocates to a different resident school district, completes requirements for graduation prior to the end of his or her senior year, transfers to a private or parochial school, or upon mutual agreement of the resident and option school districts cancels the enrollment option and returns to the resident school district.

(6) Except as provided in subsection (5) of this section or, for open enrollment option students, in section 79-235.01, the option student shall attend the option school district until graduation unless the student relocates in a different resident school district, transfers to a private or parochial school, or chooses to return to the resident school district.

(7) In each case of cancellation pursuant to subsections (5) and (6) of this section, the student's parent or legal guardian shall provide written notification to the school board of the option school district and the resident school district on forms prescribed and furnished by the department under subsection (8) of this section in advance of such cancellation.

(8) The application and cancellation forms shall be prescribed and furnished by the State Department of Education.

(9) An option student who subsequently chooses to attend a private or parochial school and who is not an open enrollment option student shall be automatically accepted to return to either the resident school district or option school district upon the completion of the grade levels offered at the private or parochial school. If such student chooses to return to the option school district, the student's parent or legal guardian shall submit another application to the school board of the option school district which shall be automatically accepted, and the deadlines prescribed in this section shall be waived.

Source:Laws 1989, LB 183, § 6; Laws 1990, LB 843, § 7; Laws 1993, LB 348, § 66; Laws 1993, LB 838, § 1; R.S.1943, (1994), § 79-3406; Laws 1996, LB 900, § 41; Laws 2001, LB 797, § 6;    Laws 2006, LB 1024, § 19;    Laws 2009, LB62, § 2;    Laws 2009, LB549, § 6;    Laws 2013, LB410, § 4;    Laws 2016, LB1066, § 3;    Laws 2016, LB1067, § 16;    Laws 2017, LB512, § 7.    
Operative Date: May 23, 2017


79-238. Application acceptance and rejection; transportation for option students; specific standards; request for release; standards and conditions.

(1) Except as provided in this section and sections 79-235.01 and 79-240, the school board of the option school district shall adopt by resolution specific standards for acceptance and rejection of applications and for providing transportation for option students. Standards may include the capacity of a program, class, grade level, or school building or the availability of appropriate special education programs operated by the option school district. For a school district that is not a member of a learning community, capacity shall be determined by setting a maximum number of option students that a district will accept in any program, class, grade level, or school building, based upon available staff, facilities, projected enrollment of resident students, projected number of students with which the option school district will contract based on existing contractual arrangements, and availability of appropriate special education programs. To facilitate option enrollment within a learning community, member school districts shall annually (a) establish and report a maximum capacity for each school building under such district's control pursuant to procedures, criteria, and deadlines established by the learning community coordinating council and (b) provide a copy of the standards for acceptance and rejection of applications and transportation policies for option students to the learning community coordinating council. Except as otherwise provided in this section, the school board of the option school district may by resolution declare a program, a class, or a school unavailable to option students due to lack of capacity. Standards shall not include previous academic achievement, athletic or other extracurricular ability, disabilities, proficiency in the English language, or previous disciplinary proceedings except as provided in section 79-266.01. False or substantively misleading information submitted by a parent or guardian on an application to an option school district may be cause for the option school district to reject a previously accepted application if the rejection occurs prior to the student's attendance as an option student.

(2) The school board of every school district shall also adopt specific standards and conditions for acceptance or rejection of a request for release of a resident or option student submitting an application to an option school district after March 15 under subsection (1) of section 79-237. Standards shall not include that a request occurred after the deadline set forth in this subsection.

(3) Any option school district that is not a member of a learning community shall give first priority for enrollment to siblings of option students, except that the option school district shall not be required to accept the sibling of an option student if the district is at capacity except as provided in subsection (1) of section 79-240.

(4) Any option school district that is in a learning community shall give first priority for enrollment to siblings of option students enrolled in the option school district, second priority for enrollment to students who have previously been enrolled in the option school district as an open enrollment student, third priority for enrollment to students who reside in the learning community and who contribute to the socioeconomic diversity of enrollment at the school building to which the student will be assigned pursuant to section 79-235, and final priority for enrollment to other students who reside in the learning community. The option school district shall not be required to accept a student meeting the priority criteria in this section if the district is at capacity as determined pursuant to subsection (1) of this section except as provided in section 79-235.01 or 79-240. For purposes of the enrollment option program, a student who contributes to the socioeconomic diversity of enrollment at a school building within a learning community means (a) a student who does not qualify for free or reduced-price lunches when, based upon the certification pursuant to section 79-2120, the school building the student will be assigned to attend either has more students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the learning community or provides free meals to all students pursuant to the community eligibility provision or (b) a student who qualifies for free or reduced-price lunches based on information collected voluntarily from parents and guardians pursuant to section 79-237 when, based upon the certification pursuant to section 79-2120, the school building the student will be assigned to attend has fewer students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the learning community and does not provide free meals to all students pursuant to the community eligibility provision.

Source:Laws 1989, LB 183, § 7; Laws 1990, LB 843, § 8; Laws 1991, LB 207, § 5; Laws 1992, LB 1001, § 37; Laws 1994, LB 930, § 2; R.S.1943, (1994), § 79-3407; Laws 1996, LB 900, § 42; Laws 1997, LB 346, § 2; Laws 2001, LB 797, § 7;    Laws 2006, LB 1024, § 20;    Laws 2009, LB62, § 3;    Laws 2009, LB549, § 7;    Laws 2016, LB1066, § 4;    Laws 2016, LB1067, § 17.    


79-239. Application; request for release; rejection; notice; appeal.

If an application is rejected by the option school district or if the resident school district rejects a request for release under subsection (1) of section 79-237, the rejecting school district shall provide written notification to the parent or guardian stating the reasons for the rejection and the process for appealing such rejection to the State Board of Education. Such notification shall be sent by certified mail. The parent or legal guardian may appeal a rejection to the State Board of Education by filing a written request, together with a copy of the rejection notice, with the State Board of Education. Such request and copy of the notice must be received by the board within thirty days after the date the notification of the rejection was received by the parent or legal guardian. Such hearing shall be held in accordance with the Administrative Procedure Act and shall determine whether the procedures of sections 79-234 to 79-241 have been followed.

Source:Laws 1989, LB 183, § 8; Laws 1992, LB 1001, § 38; Laws 1993, LB 348, § 67; R.S.1943, (1994), § 79-3408; Laws 1996, LB 900, § 43; Laws 2009, LB549, § 8.    


Cross References

79-240. Relocation; automatic acceptance; deadlines waived.

(1) The application of a student who relocates in a different school district but wants to continue attending his or her original resident school district and who has been enrolled in his or her original resident school district for the immediately preceding two years shall be automatically accepted, and the deadlines prescribed in section 79-237 shall be waived.

(2) The application of an option student who relocates in a different school district but wants to continue attending the option school district shall be automatically accepted, and the deadlines prescribed in section 79-237 shall be waived.

Source:Laws 1989, LB 183, § 9; Laws 1990, LB 843, § 9; Laws 1991, LB 207, § 6; Laws 1992, LB 1001, § 39; Laws 1993, LB 348, § 68; R.S.1943, (1994), § 79-3409; Laws 1996, LB 900, § 44; Laws 1996, LB 1050, § 9; Laws 2009, LB549, § 9.    


79-241. Transportation; fee authorized; reimbursement; when; free transportation; when.

(1) Except as otherwise provided in this section, section 79-611 does not apply to the transportation of an option student. The parent or legal guardian of the option student shall be responsible for required transportation. A school district may, upon mutual agreement with the parent or legal guardian of an option student, provide transportation to the option student on the same basis as provided for resident students. The school district may charge the parents of each option student transported a fee sufficient to recover the additional costs of such transportation.

(2) Option students who qualify for free lunches shall be eligible for either free transportation or transportation reimbursement as described in section 79-611 from the option school district pursuant to policies established by the school district in compliance with this section, except that they shall be reimbursed at the rate of one hundred forty-two and one-half percent of the mandatorily established mileage rate provided in section 81-1176 for each mile actually and necessarily traveled on each day of attendance by which the distance traveled one way from the residence of such student to the schoolhouse exceeds three miles.

(3) For open enrollment option students who received free transportation for school year 2016-17 pursuant to subsection (2) of section 79-611, the school board of the option school district shall continue to provide free transportation for the duration of the student’s status as an open enrollment option student or for the duration of the student’s enrollment in a pathway pursuant to subsection (3) of section 79-2110 unless the student relocates to a school district that would have prevented the student from qualifying for free transportation for the 2016-17 school year pursuant to subsection (2) of section 79-611.

(4) For option students verified as having a disability as defined in section 79-1118.01, the transportation services set forth in section 79-1129 shall be provided by the resident school district. The State Department of Education shall reimburse the resident school district for the cost of transportation in accordance with section 79-1144.

Source:Laws 1989, LB 183, § 10; Laws 1990, LB 843, § 10; Laws 1991, LB 207, § 7; Laws 1992, LB 1001, § 40; Laws 1993, LB 838, § 2; Laws 1993, LB 348, § 69; R.S.1943, (1994), § 79-3410; Laws 1996, LB 900, § 45; Laws 1997, LB 346, § 3; Laws 1998, Spec. Sess., LB 1, § 8; Laws 2013, LB410, § 5;    Laws 2016, LB1067, § 18.    


79-242. Graduation credits; award of diploma.

An option school district shall accept credits toward graduation that were awarded by another school district. The option school district shall award a diploma to an option student if the student meets its graduation requirements.

Source:Laws 1989, LB 183, § 12; R.S.1943, (1994), § 79-3412; Laws 1996, LB 900, § 46.


79-243. School district; provide information.

A school district shall make information about the school district and its schools, programs, policies, and procedures available to all interested people.

Source:Laws 1989, LB 183, § 13; R.S.1943, (1994), § 79-3413; Laws 1996, LB 900, § 47.


79-244. Program; effect on contracting; child with a disability; restriction on transfer.

The enrollment option program does not preclude a school district from contracting with other school districts, educational service units, or other state-approved entities for the provision of services. A child with a disability receiving services from another district pursuant to contract due to lack of appropriate programming in his or her resident school district is not eligible to transfer as an option student into the district currently providing services but is eligible to transfer as an option student into any other district which accepts option students and has an appropriate program.

Source:Laws 1989, LB 183, § 14; Laws 1990, LB 843, § 11; R.S.1943, (1994), § 79-3414; Laws 1996, LB 900, § 48; Laws 1997, LB 346, § 4.


79-245. Tax Equity and Educational Opportunities Support Act; applicability.

The Tax Equity and Educational Opportunities Support Act shall apply to the enrollment option program as provided in this section. For purposes of the act, option students shall not be counted as formula students by the resident school district and shall be counted as formula students by the option school district.

Source:Laws 1989, LB 183, § 15; Laws 1990, LB 843, § 12; Laws 1991, LB 511, § 69; Laws 1992, LB 245, § 74; R.S.1943, (1994), § 79-3415; Laws 1996, LB 900, § 49; Laws 1997, LB 346, § 5; Laws 1997, LB 347, § 5; Laws 1998, Spec. Sess., LB 1, § 9; Laws 2016, LB1067, § 19.    


Cross References

79-246. Special education programs; reimbursement to option school district.

The State Department of Education shall reimburse each option school district for special education programs provided to option students in accordance with section 79-1142.

The resident school district of an option student shall be exempted from the payment responsibility set forth in section 79-1140.

For purposes of calculation to determine reimbursement pursuant to section 79-1142, the option school district shall include the adjusted average per pupil cost as defined in section 79-1114 of the option school district and not the amount received pursuant to section 79-245.

Source:Laws 1989, LB 183, § 16; Laws 1990, LB 843, § 13; R.S.1943, (1994), § 79-3416; Laws 1996, LB 900, § 50.


79-247. Repealed. Laws 1997, LB 347, § 59.

79-248. Pupils; health inspections; notice of defects; contagious or infectious disease; duty of school district.

Every school district shall cause children under its jurisdiction to be separately and carefully inspected, except as otherwise provided in this section, to ascertain if a child is suffering from (1) defective sight or hearing, (2) dental defects, or (3) other conditions as prescribed by the Department of Health and Human Services. Such inspections shall be conducted on a schedule prescribed by the department and shall be based on current medical and public health practice. If such inspection determines that any child has such condition, the school shall notify the parent of the child in writing of such condition and explain to such parent the necessity of professional attendance for such child. Whenever a child apparently shows symptoms of any contagious or infectious disease, such child shall be sent home immediately or as soon as safe and proper conveyance can be found and the proper school authority, school board, or board of education shall be at once notified. Such student may be excluded from school as provided in section 79-264. A child shall not be required to submit to an inspection required by this section if his or her parent or guardian provides school authorities with a statement signed by a physician, a physician assistant, or an advanced practice registered nurse practicing under and in accordance with his or her respective credentialing act or other qualified provider as identified by the department in rules and regulations adopted pursuant to section 79-249, stating that such child has undergone such required inspection within the past six months. A child shall submit to any required inspection for which such a statement is not received.

Source:Laws 1919, c. 241, § 1, p. 1004; C.S.1922, § 6536; Laws 1923, c. 55, § 1, p. 176; C.S.1929, § 79-2113; R.S.1943, § 79-2122; Laws 1949, c. 256, § 171, p. 748; Laws 1967, c. 538, § 1, p. 1778; R.S.1943, (1994), § 79-4,133; Laws 1996, LB 900, § 52; Laws 1996, LB 1044, § 815; Laws 2007, LB296, § 710;    Laws 2010, LB713, § 1.    


Cross References

79-249. Pupils; health inspections; rules; duties of Department of Health and Human Services; compliance with Medication Aide Act; when.

The Department of Health and Human Services shall adopt and promulgate rules and regulations for conducting school health inspections, the qualifications of the person or persons authorized to make such inspections, and the health conditions to be observed and remedied and shall furnish to school authorities the rules and regulations and other useful materials for carrying out the purposes of sections 79-248 to 79-253. The department may make available to schools methods for the gathering, analysis, and sharing of school health data that do not violate any privacy laws.

On and after July 1, 1999, no staff member of any school shall administer medication unless the school complies with the applicable requirements of the Medication Aide Act. Notwithstanding any other provision, nothing in the act shall be construed to require any school to employ or use a school nurse or medication aide in order to be in compliance with the act.

Source:Laws 1919, c. 241, § 2, p. 1004; C.S.1922, § 6537; C.S.1929, § 79-2114; R.S.1943, § 79-2123; Laws 1949, c. 256, § 172, p. 749; Laws 1967, c. 538, § 2, p. 1778; R.S.1943, (1994), § 79-4,134; Laws 1996, LB 900, § 53; Laws 1996, LB 1044, § 816; Laws 1998, LB 1354, § 43; Laws 2007, LB296, § 711;    Laws 2010, LB713, § 2.    


Cross References

79-250. Pupils; health inspections; when required.

During each school year the school district shall provide the inspections required by section 79-248 for the children then in attendance. As children enter school during the year, such inspections shall be confirmed upon their entrance.

Source:Laws 1919, c. 241, § 3, p. 1004; C.S.1922, § 6538; C.S.1929, § 79-2115; R.S.1943, § 79-2124; Laws 1949, c. 256, § 173, p. 749; Laws 1967, c. 538, § 3, p. 1778; R.S.1943, (1994), § 79-4,135; Laws 1996, LB 900, § 54; Laws 2010, LB713, § 3.    


79-251. Pupils; health inspections; duty of school board.

The boards of education and school boards of the school districts of the state shall enforce the provisions of sections 79-248 to 79-253.

Source:Laws 1919, c. 241, § 4, p. 1004; C.S.1922, § 6539; C.S.1929, § 79-2116; R.S.1943, § 79-2125; Laws 1949, c. 256, § 174, p. 749; R.S.1943, (1994), § 79-4,136; Laws 1996, LB 900, § 55.


79-252. Pupils; health inspections; employment of physicians authorized.

In lieu of conducting the inspections required by section 79-248, the board of education or school board of any school district may employ regularly licensed physicians to make such inspections.

Source:Laws 1919, c. 241, § 5, p. 1005; C.S.1922, § 6540; C.S.1929, § 79-2117; R.S.1943, § 79-2126; Laws 1949, c. 256, § 175, p. 749; Laws 1967, c. 538, § 4, p. 1779; R.S.1943, (1994), § 79-4,137; Laws 1996, LB 900, § 56; Laws 2010, LB713, § 4.    


79-253. Pupils; health inspections; violation; penalty.

Any person violating any of the provisions of sections 79-248 to 79-252 shall be guilty of a Class V misdemeanor.

Source:Laws 1919, c. 241, § 6, p. 1005; C.S.1922, § 6541; C.S.1929, § 79-2118; R.S.1943, § 79-2127; Laws 1949, c. 256, § 176, p. 749; Laws 1977, LB 39, § 253; R.S.1943, (1994), § 79-4,138; Laws 1996, LB 900, § 57.


79-254. Act, how cited.

Sections 79-254 to 79-294 shall be known and may be cited as the Student Discipline Act.

Source:Laws 1994, LB 1250, § 6; Laws 1995, LB 658, § 1; R.S.Supp.,1995, § 79-4,169; Laws 1996, LB 900, § 58; Laws 1999, LB 195, § 1.    


Cross References

Annotations

79-255. Act; purpose.

The purpose of the Student Discipline Act is to assure the protection of all elementary and secondary school students' constitutional right to due process and fundamental fairness within the context of an orderly and effective educational process. The sanctions defined in the act shall be interpreted at all times in the light of the principles of free speech and assembly protected under the Constitution of Nebraska and the United States Constitution and in recognition of the right of every student to public education.

Source:Laws 1976, LB 503, § 1; Laws 1994, LB 1250, § 7; R.S.1943, (1994), § 79-4,170; Laws 1996, LB 900, § 59.


79-256. Terms, defined.

For purposes of the Student Discipline Act, unless the context otherwise requires:

(1) Long-term suspension means the exclusion of a student from attendance in all schools within the system for a period exceeding five school days but less than twenty school days;

(2) Expulsion means exclusion from attendance in all schools within the system in accordance with section 79-283;

(3) Mandatory reassignment means the involuntary transfer of a student to another school in connection with any disciplinary action; and

(4) Short-term suspension means the exclusion of a student from attendance in all schools within the system for a period not to exceed five school days.

Source:Laws 1976, LB 503, § 10; Laws 1994, LB 1250, § 15; R.S.1943, (1994), § 79-4,179; Laws 1996, LB 900, § 60; Laws 1997, LB 232, § 1.


79-257. School board or board of education; emergency disciplinary actions; authorized.

The school board or board of education may authorize the emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment of any pupil from school for conduct prohibited by the board's rules or standards established pursuant to the Student Discipline Act if such emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment complies with the procedures required by the act.

Source:Laws 1976, LB 503, § 2; Laws 1994, LB 1250, § 8; R.S.1943, (1994), § 79-4,171; Laws 1996, LB 900, § 61.


79-258. Administrative and teaching personnel; authorized actions.

Administrative and teaching personnel may take actions regarding student behavior, other than those specifically provided in the Student Discipline Act, which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation.

Source:Laws 1976, LB 503, § 3; Laws 1994, LB 1250, § 9; R.S.1943, (1994), § 79-4,172; Laws 1996, LB 900, § 62.


Annotations

79-259. Student suspension, expulsion, or exclusion; not a violation of compulsory attendance; compliance with other laws required.

If a student is suspended, expelled, or excluded from school or from any educational function pursuant to the Student Discipline Act, such absence from school shall not be deemed a violation on the part of any person under any compulsory school attendance statutes. Any suspension or expulsion under the act shall comply with the requirements of the Special Education Act and the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq.

Source:Laws 1976, LB 503, § 4; Laws 1994, LB 1250, § 10; R.S.1943, (1994), § 79-4,173; Laws 1996, LB 900, § 63.


Cross References

79-260. Notice; when given.

Any statement, notice, recommendation, determination, or similar action specified in the Student Discipline Act shall be effectively given at the time written evidence thereof is delivered personally to or upon receipt of certified or registered mail or upon actual knowledge by a student or his or her parent or guardian.

Source:Laws 1976, LB 503, § 5; Laws 1994, LB 1250, § 11; R.S.1943, (1994), § 79-4,174; Laws 1996, LB 900, § 64.


79-261. School board or board of education; powers; delegation of authority.

(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 agents in a material violation of the act shall be considered null, void, and of no effect.

(3) The school board or board of education may authorize the delegation to other school officials of responsibilities directed to the principal or superintendent by the act.

Source:Laws 1976, LB 503, § 6; Laws 1994, LB 1250, § 12; R.S.1943, (1994), § 79-4,175; Laws 1996, LB 900, § 65.


Annotations

79-262. School board or board of education; rules and standards; establish; distribute and post.

(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 definite so as to provide clear notice to the student and his or her parent or guardian as to the conduct prescribed, prohibited, or required under the rules and standards. Notwithstanding any other provisions contained in the Student Discipline Act, the school board or board of education may by rule specify a particular action as a sanction for particular conduct. Any such action must be otherwise authorized by section 79-258, 79-265, or 79-267. Any such rule shall be binding on all students, school officials, board members, and hearing examiners. Expulsion may be specified as a sanction for particular conduct only if the school board or board of education finds that the type of conduct for which expulsion is specified has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or any other person or to otherwise seriously interfere with the educational process.

(2) All rules and standards established by school officials, other than the board, applicable to students shall not conflict with rules and standards adopted by the board. The board may change any rule or standard in accordance with policies which it may from time to time adopt.

(3) Rules or standards which form the basis for discipline shall be distributed to each student and his or her parent or guardian at the beginning of each school year, or at the time of enrollment if during the school year, and shall be posted in conspicuous places in each school during the school year. Changes in rules and standards shall not take effect until reasonable effort has been made to distribute such changes to each student and his or her parent or guardian.

Source:Laws 1976, LB 503, § 7; Laws 1983, LB 209, § 1; Laws 1994, LB 1250, § 13; R.S.1943, (1994), § 79-4,176; Laws 1996, LB 900, § 66.


Annotations

79-263. School district; policy regarding firearms; requirements.

(1) 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 school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. For purposes of this section, firearm means a firearm as defined in 18 U.S.C. 921. The policy shall authorize the superintendent or the school board or board of education to modify the expulsion requirement on an individual basis.

(2) Each school district shall provide annually to the State Department of Education:

(a) An assurance that the school district has in effect the policy required by subsection (1) of this section; and

(b) A description of the circumstances surrounding any expulsions imposed under the policy required by subsection (1) of this section, including:

(i) The name of the school concerned;

(ii) The number of students expelled from the school; and

(iii) The types of weapons concerned.

Source:Laws 1995, LB 658, § 6; R.S.Supp.,1995, § 79-4,176.01; Laws 1996, LB 900, § 67; Laws 1996, LB 1050, § 3.


Cross References

79-264. Student; exclusion; circumstances; emergency exclusion; procedure.

(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 disease transmissible through normal school contacts and poses an imminent threat to the health or safety of the school community; or

(b) If the student's conduct presents a clear threat to the physical safety of himself, herself, or others, or is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.

(2) Any emergency exclusion shall be based upon a clear factual situation warranting it and shall last not longer than is necessary to avoid the dangers described in subsection (1) of this section.

(3) If the superintendent or his or her designee determines that such emergency exclusion shall extend beyond five days, the school board shall adopt a procedure for a hearing to be held and a final determination made within ten school days after the initial date of exclusion. Such procedure shall substantially comply with the provisions of sections 79-266 to 79-287, and such provisions shall be modified only to the extent necessary to accomplish the hearing and determination within this shorter time period.

Source:Laws 1976, LB 503, § 8; R.S.1943, (1994), § 79-4,177; Laws 1996, LB 900, § 68.


Cross References

Annotations

79-265. Principal; suspend student; grounds; procedure; written statement; conference; guidelines for completion of classwork.

(1) 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 Student Discipline Act; or

(b) Any other violation of rules and standards of behavior adopted under the act.

(2) Such short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.

(3) Before such short-term suspension takes effect, the student shall be given oral or written notice of the charges against him or her, an explanation of the evidence the authorities have, and an opportunity to present his or her version.

(4) Within twenty-four hours or such additional time as is reasonably necessary following such suspension, the principal shall send a written statement to the student and his or her parent or guardian describing the student's conduct, misconduct, or violation of the rule or standard and the reasons for the action taken. The principal shall make a reasonable effort to hold a conference with the parent or guardian before or at the time the student returns to school.

(5) Any student who is suspended pursuant to this section may be given an opportunity to complete any classwork, including, but not limited to, examinations, missed during the period of suspension. Each public school district shall develop and adopt guidelines stating the criteria school officials shall use in determining whether and to what extent such opportunity for completion will be granted to suspended students. The guidelines shall be provided to the student and parent or guardian at the time of suspension.

Source:Laws 1976, LB 503, § 9; Laws 1994, LB 1250, § 14; R.S.1943, (1994), § 79-4,178; Laws 1996, LB 900, § 69.


Annotations

79-266. Pre-expulsion procedures; when; expelled student; alternative assignments; suspension of enforcement; agreement between school boards; reinstatement; when; expungement.

(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 together in providing alternative schools, classes, or educational programs. Any district may by agreement with another district send its suspended or expelled students to any alternative school, class, or educational program already in operation by such other district. An educational program may include, but shall not be limited to, individually prescribed educational and counseling programs or a community-centered classroom with experiences for the student as an observer or aide in governmental functions, as an on-the-job trainee, or as a participant in specialized tutorial experiences. Such programs shall include an individualized learning program to enable the student to continue academic work for credit toward graduation. The State Department of Education shall adopt and promulgate rules and regulations relating to alternative schools, classes, and educational programs.

(2) If a district does not provide an alternative school, class, or educational program for expelled students, the district shall follow the procedures in this subsection prior to expelling a student unless the expulsion was required by subsection (4) of section 79-283: A conference shall be called by a school administrator and held to assist the district in the development of a plan with the participation of a parent or legal guardian, the student, a school representative, and a representative of either a community organization with a mission of assisting young people or a representative of an agency involved with juvenile justice. The plan shall be in writing and adopted by a school administrator and presented to the student and the parent or legal guardian. The plan shall (a) specify guidelines and consequences for behaviors which have been identified as preventing the student from achieving the desired benefits from the educational opportunities provided, (b) identify educational objectives that must be achieved in order to receive credits toward graduation, (c) specify the financial resources and community programs available to meet both the educational and behavioral objectives identified, and (d) require the student to attend monthly reviews in order to assess the student's progress toward meeting the specified goals and objectives.

(3) A school district that has expelled a student may suspend the enforcement of such expulsion unless the expulsion was required by subsection (4) of section 79-283. The suspension may be for a period not to exceed the length of the expulsion. As a condition of such suspended action, the school district may require participation in a plan pursuant to subsection (2) of this section or assign the student to a school, class, or educational program which the school district deems appropriate.

At the conclusion of such suspension period, the school district shall (a) reinstate any student who has satisfactorily participated in a plan pursuant to subsection (2) of this section or the school, class, or educational program to which such student has been assigned and permit the student to return to the school of former attendance or to attend other programs offered by the district or (b) if the student's conduct has been unsatisfactory, enforce the remainder of the expulsion action.

If the student is reinstated, the district may also take action to expunge the record of the expulsion action.

Source:Laws 1994, LB 1250, § 16; Laws 1995, LB 658, § 2; R.S.Supp.,1995, § 79-4,179.01; Laws 1996, LB 900, § 70; Laws 1996, LB 1050, § 4; Laws 1997, LB 232, § 2.


79-266.01. Expelled student; enrollment in public school; when.

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 school in any school district until the school board of the district in which enrollment is sought approves, by a majority vote, the enrollment of the student. As a condition of enrollment, the school board may require attendance in an alternative school, class, or educational program pursuant to section 79-266 until the terms of the expulsion are completed. A student expelled from a private, denominational, or parochial school or from a school in another state may not be prohibited from enrolling in a public school district in which the student resides or in which the student has been accepted pursuant to the enrollment option program for any period of time beyond the time limits placed on expulsion pursuant to the Student Discipline Act or for any expulsion for an offense for which expulsion is not authorized for a public school student under the act.

Source:Laws 1999, LB 195, § 2.    


79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment; enumerated; alternatives for truant or tardy students.

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 vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event:

(1) Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a substantial interference with school purposes;

(2) Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property;

(3) Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this subdivision;

(4) Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student;

(5) Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon;

(6) Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance or an imitation controlled substance, as defined in section 28-401, a substance represented to be a controlled substance, or alcoholic liquor as defined in section 53-103.02 or being under the influence of a controlled substance or alcoholic liquor;

(7) Public indecency as defined in section 28-806, except that this subdivision shall apply only to students at least twelve years of age but less than nineteen years of age;

(8) Engaging in bullying as defined in section 79-2,137;

(9) Sexually assaulting or attempting to sexually assault any person if a complaint has been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person, including sexual assaults or attempted sexual assaults which occur off school grounds not at a school function, activity, or event. For purposes of this subdivision, sexual assault means sexual assault in the first degree as defined in section 28-319, sexual assault in the second degree as defined in section 28-320, sexual assault of a child in the second or third degree as defined in section 28-320.01, or sexual assault of a child in the first degree as defined in section 28-319.01, as such sections now provide or may hereafter from time to time be amended;

(10) Engaging in any other activity forbidden by the laws of the State of Nebraska which activity constitutes a danger to other students or interferes with school purposes; or

(11) A repeated violation of any rules and standards validly established pursuant to section 79-262 if such violations constitute a substantial interference with school purposes.

It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a student who is truant, tardy, or otherwise absent from required school activities.

Source:Laws 1976, LB 503, § 11; Laws 1983, LB 209, § 2; Laws 1988, LB 316, § 3; Laws 1994, LB 1250, § 17; Laws 1995, LB 658, § 3; R.S.Supp.,1995, § 79-4,180; Laws 1996, LB 900, § 71; Laws 1996, LB 1050, § 5; Laws 2006, LB 1199, § 83;    Laws 2008, LB205, § 2;    Laws 2010, LB861, § 83.    


Cross References

Annotations

79-268. Long-term suspension, expulsion, or mandatory reassignment; procedures; enumerated.

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) On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the superintendent. The school shall, within two school days after the decision, send written notice by registered or certified mail to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act;

(2) Such written notice shall include the following:

(a) The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the evidence to be presented against the student;

(b) The penalty, if any, which the principal has recommended in the charge and any other penalty to which the student may be subject;

(c) A statement that, before long-term suspension, expulsion, or mandatory reassignment for disciplinary purposes can be invoked, the student has a right to a hearing, upon request, on the specified charges;

(d) A description of the hearing procedures provided by the act, along with procedures for appealing any decision rendered at the hearing;

(e) A statement that the principal, legal counsel for the school, the student, the student's parent, or the student's representative or guardian has the right (i) to examine the student's academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct and (ii) to know the identity of the witnesses to appear at the hearing and the substance of their testimony; and

(f) A form on which the student, the student's parent, or the student's guardian may request a hearing, to be signed by such parties and delivered to the principal or superintendent in person or by registered or certified mail as prescribed in sections 79-271 and 79-272; and

(3) When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory reassignment is filed with the superintendent, the student may be suspended by the principal until the date the long-term suspension, expulsion, or mandatory reassignment takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes the report of his or her findings and a recommendation of the action to be taken to the superintendent, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers.

The Student Discipline Act does not preclude the student or the student's parent, guardian, or representative from discussing and settling the matter with appropriate school personnel prior to the hearing stage.

Source:Laws 1976, LB 503, § 12; Laws 1994, LB 1250, § 18; R.S.1943, (1994), § 79-4,181; Laws 1996, LB 900, § 72.


79-269. Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure; hearing examiner; how designated; examination of records.

(1) If a hearing is requested within five school days after receipt of the notice as provided in section 79-268, the superintendent shall appoint a hearing examiner who shall, within two school days after being appointed, give written notice to the principal, the student, and the student's parent or guardian of the time and place for the hearing.

(2) The hearing examiner shall be any person designated by the school district's superintendent, school board or board of education, or counsel, if such person (a) has not brought the charges against the student, (b) shall not be a witness at the hearing, and (c) has no involvement in the charge.

(3) The hearing shall be scheduled within a period of five school days after it is requested, but such time may be changed by the hearing examiner for good cause. No hearing shall be held upon less than two school days' actual notice to the principal, the student, and the student's parent or guardian, except with the consent of all the parties.

(4) The principal or legal counsel for the school, the student, and the student's parent, guardian, or representative have the right to examine the records and written statements referred to in the Student Discipline Act as well as the statement of any witness in the possession of the school board or board of education at a reasonable time prior to the hearing.

Source:Laws 1976, LB 503, § 13; Laws 1994, LB 1250, § 19; R.S.1943, (1994), § 79-4,182; Laws 1996, LB 900, § 73.


79-270. Hearing examiner; duties.

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 student, or the student's parent or guardian may have regarding the nature and conduct of the hearing.

Source:Laws 1976, LB 503, § 14; Laws 1994, LB 1250, § 20; R.S.1943, (1994), § 79-4,183; Laws 1996, LB 900, § 74.


79-271. Hearing; not requested within five days; recommended punishment; effect.

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 go into effect upon the fifth school day following receipt of the written notice by the student or his or her parent or guardian as required in section 79-268.

Source:Laws 1976, LB 503, § 15; Laws 1994, LB 1250, § 21; R.S.1943, (1994), § 79-4,184; Laws 1996, LB 900, § 75.


79-272. Hearing; requested within thirty days; effect.

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 shall be held but the imposed punishment shall continue in effect pending final determination.

Source:Laws 1976, LB 503, § 16; Laws 1994, LB 1250, § 22; R.S.1943, (1994), § 79-4,185; Laws 1996, LB 900, § 76.


79-273. Hearing; by whom attended; witnesses; student excluded; when.

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 superintendent deems it advisable. Witnesses shall be present only when they are giving information at the hearing. The student may be excluded in the discretion of the hearing examiner at times when the student's psychological evaluation or emotional problems are being discussed. The student's representative may be an attorney. The hearing examiner may exclude anyone from the hearing when his or her actions substantially disrupt an orderly hearing.

Source:Laws 1976, LB 503, § 17; Laws 1994, LB 1250, § 23; R.S.1943, (1994), § 79-4,186; Laws 1996, LB 900, § 77.


79-274. Hearing; legal counsel; powers and duties.

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 sections 79-268 and 79-269. Any legal counsel who acts as the designee of the principal in presenting the school's case against the student shall not advise the hearing examiner on the conduct of the hearing or later advise administrators or board members on the conduct of any appeal, but legal counsel may give advice on technical and procedural aspects of the school's presentation and may advise the hearing examiner and the board as long as the legal counsel does not act as the principal's designee in presenting the school's case.

Source:Laws 1976, LB 503, § 18; Laws 1994, LB 1250, § 24; R.S.1943, (1994), § 79-4,187; Laws 1996, LB 900, § 78.


79-275. Hearing; student; testimony.

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 refusal to testify.

Source:Laws 1976, LB 503, § 19; Laws 1994, LB 1250, § 25; R.S.1943, (1994), § 79-4,188; Laws 1996, LB 900, § 79.


79-276. Hearing; evidence on student's conduct and records.

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 made available to the student or the student's parent, guardian, or representative prior to the hearing. The information contained in such records shall be explained and interpreted, prior to or at the hearing, to the student, parent, guardian, or representative, upon request, by appropriate school personnel.

Source:Laws 1976, LB 503, § 20; Laws 1994, LB 1250, § 26; R.S.1943, (1994), § 79-4,189; Laws 1996, LB 900, § 80.


79-277. Hearing; rules of evidence or courtroom procedures; not applicable.

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.

Source:Laws 1976, LB 503, § 21; Laws 1994, LB 1250, § 27; R.S.1943, (1994), § 79-4,190; Laws 1996, LB 900, § 81.


79-278. Hearing; witnesses; testimony; cross-examination.

(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 administer the oath. The hearing examiner shall make reasonable effort to assist the student or the student's parent, guardian, or representative in obtaining the attendance of witnesses.

(2) The student, the student's parent, guardian, or representative, the principal, or the hearing examiner has the right to question any witness giving information at the hearing.

Source:Laws 1976, LB 503, § 22; Laws 1994, LB 1250, § 28; R.S.1943, (1994), § 79-4,191; Laws 1996, LB 900, § 82.


79-279. Hearing; witnesses; immunity.

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.

Source:Laws 1976, LB 503, § 23; Laws 1994, LB 1250, § 29; R.S.1943, (1994), § 79-4,192; Laws 1996, LB 900, § 83.


79-280. Hearing; recorded; how paid.

The proceedings of the hearing requested under sections 79-268 and 79-269 shall be recorded at the expense of the school district.

Source:Laws 1976, LB 503, § 24; Laws 1994, LB 1250, § 30; R.S.1943, (1994), § 79-4,193; Laws 1996, LB 900, § 84.


79-281. Hearing; joint hearing; separate hearings; when.

(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 hearing examiner believes that a single hearing is not likely to result in confusion and that no student shall have his or her interests substantially prejudiced by a single hearing.

(2) If during the conduct of the hearing the hearing examiner finds that a student's interests will be substantially prejudiced by a group hearing or that the hearing is resulting in confusion, the hearing examiner may order a separate hearing for any student.

Source:Laws 1976, LB 503, § 25; Laws 1994, LB 1250, § 31; R.S.1943, (1994), § 79-4,194; Laws 1996, LB 900, § 85.


79-282. Hearing; hearing examiner; report; contents; review; final disposition; how determined.

(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 explain, in terms of the needs of both the student and the school board, the reasons for the particular action recommended. Such recommendation may range from no action, through the entire field of counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative educational placement under section 79-266.

(2) A review shall be made of the hearing examiner's report by the superintendent, who may change, revoke, or impose the sanction recommended by the hearing examiner but shall not impose a sanction more severe than that recommended by the hearing examiner.

(3) The findings and recommendations of the hearing examiner, the determination by the superintendent, and any determination on appeal to the governing body, shall be made solely on the basis of the evidence presented at the hearing or, in addition, on any evidence presented on appeal.

Source:Laws 1976, LB 503, § 26; Laws 1994, LB 1250, § 32; Laws 1995, LB 658, § 4; R.S.Supp.,1995, § 79-4,195; Laws 1996, LB 900, § 86.


79-283. Hearing; final disposition; written notice; effect; period of expulsion; review; when; procedure; readmittance.

(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 of such written notice by the student, parent, or guardian, the determination of the superintendent shall take immediate effect.

(2) Except as provided in subsections (3) and (4) of this section, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the provisions of subsection (5) of this section. Such action may be modified or terminated by the school district at any time during the expulsion period.

(3) The expulsion of a student for (a) the knowing and intentional use of force in causing or attempting to cause personal injury to a school employee, school volunteer, or student except as provided in subdivision (3) of section 79-267 or (b) the knowing and intentional possession, use, or transmission of a dangerous weapon, other than a firearm, shall be for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Such action may be modified or terminated by the school district at any time during the expulsion period.

(4) The expulsion of a student for the knowing and intentional possession, use, or transmission of a firearm, which for purposes of this section means a firearm as defined in 18 U.S.C. 921 as of January 1, 1995, shall be for a period as provided by the school district policy adopted pursuant to section 79-263. This subsection shall not apply to (a) the issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training or (b) firearms which may lawfully be possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms.

(5) Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by the hearing examiner after the hearing examiner has given notice of the review to the student and the student's parent or guardian. This review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to a recommendation by the hearing examiner that the student be readmitted for the upcoming school year. If the school board or board of education or a committee of such board took the final action to expel the student, the student may be readmitted only by action of the board. Otherwise the student may be readmitted by action of the superintendent.

Source:Laws 1976, LB 503, § 27; Laws 1994, LB 1250, § 33; Laws 1995, LB 658, § 5; Laws 1996, LB 893, § 1; R.S.Supp.,1995, § 79-4,196; Laws 1996, LB 900, § 87.


79-284. Case record; contents.

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 record shall consist, in addition, of any additional evidence taken and any additional action taken in the case.

Source:Laws 1976, LB 503, § 28; Laws 1994, LB 1250, § 34; R.S.1943, (1994), § 79-4,197; Laws 1996, LB 900, § 88.


79-285. Hearing; appeal to school board or board of education; procedure.

(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 written request which shall be filed with the secretary of the board or with the superintendent.

(2) A hearing shall be held before the school board or the board of education within a period of ten school days after it is requested, and such time for a hearing may be changed by mutual agreement of the student and superintendent, except that the hearing may be held before a committee of the school board or board of education of not less than three members. Such appeal shall be made on the record, except that new evidence may be admitted to avoid a substantial threat of unfairness and such new evidence shall be recorded as provided in section 79-280.

Source:Laws 1976, LB 503, § 29; Laws 1983, LB 209, § 3; Laws 1994, LB 1250, § 35; R.S.1943, (1994), § 79-4,198; Laws 1996, LB 900, § 89.


79-286. Hearing; appeal; school board or board of education; powers and duties.

(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 presence only of board members in attendance at the appeal proceeding but may be held in the presence of legal counsel who has not previously acted as the designee of the principal in presenting the school's case before the hearing examiner.

(2) If any questions arise during such deliberations which require additional evidence, the deliberating body may reopen the hearing to receive such evidence, subject to the right of all parties to be present.

(3) The board may alter the superintendent's disposition of the case if it finds the decision to be too severe but may not impose a more severe sanction.

Source:Laws 1976, LB 503, § 30; Laws 1994, LB 1250, § 36; R.S.1943, (1994), § 79-4,199; Laws 1996, LB 900, § 90.


79-287. Hearing; appeal; board; final action.

The final action of the board under section 79-286 shall 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.

Source:Laws 1976, LB 503, § 31; Laws 1994, LB 1250, § 37; R.S.1943, (1994), § 79-4,200; Laws 1996, LB 900, § 91.


79-288. Final decision; judicial review; appeal to district court; other relief.

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 other means of review, redress, or relief provided by law.

Source:Laws 1976, LB 503, § 32; Laws 1994, LB 1250, § 38; R.S.1943, (1994), § 79-4,201; Laws 1996, LB 900, § 92.


79-289. Judicial review; procedure.

(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 79-286 and 79-287.

(2) All parties of record shall be made parties to the proceedings for review. The court, in its discretion, may permit other interested persons to intervene.

(3) Summons shall be served as in other actions, except that a copy of the petition shall be served upon the board together with the summons. Service of summons upon a duly elected officer of the board or the appointed secretary of the board shall constitute service on the board.

(4) The filing of the petition or the service of summons upon the board shall not stay enforcement of a decision, but the board may stay enforcement, or the court may order a stay after notice to such board of application therefor and upon such terms as it deems proper.

(5) The court may require the party requesting such stay to give bond in such amount and condition as the court may direct but only in cases involving injury or damage to person or property.

Source:Laws 1976, LB 503, § 33; Laws 1994, LB 1250, § 39; R.S.1943, (1994), § 79-4,202; Laws 1996, LB 900, § 93.


Annotations

79-290. Judicial review; transcript of record and proceedings; responsive pleading not required.

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 the rules and regulations of the school board relied upon by the school district in its determination to suspend, reassign, or expel the student and the proceedings conducted before it, including the final decision sought to be reversed, vacated, or modified. The school board need not file any responsive pleading.

Source:Laws 1976, LB 503, § 34; Laws 1983, LB 209, § 4; Laws 1994, LB 1250, § 40; R.S.1943, (1994), § 79-4,203; Laws 1996, LB 900, § 94.


79-291. Judicial review; conducted without a jury; grounds for judicial action.

(1) The review under sections 79-288 to 79-292 shall be conducted by the court without a jury on the record.

(2) The court may affirm the decision of the school board or board of education, remand the case for further proceedings, or reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the board's decision is:

(a) In violation of constitutional provisions;

(b) In excess of the statutory authority or jurisdiction of the board;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or

(f) Arbitrary or capricious.

Source:Laws 1976, LB 503, § 35; Laws 1994, LB 1250, § 41; R.S.1943, (1994), § 79-4,204; Laws 1996, LB 900, § 95.


Annotations

79-292. Appeal.

An aggrieved party may secure a review of any final judgment of the district court under sections 79-288 to 79-291 by appeal as provided in the Administrative Procedure Act.

Source:Laws 1976, LB 503, § 36; Laws 1991, LB 732, § 145; R.S.1943, (1994), § 79-4,205; Laws 1996, LB 900, § 96.


Cross References

Annotations

79-293. Nebraska Criminal Code violation; principal or principal's designee; notify law enforcement authorities; immunity.

(1) The principal of a school or the principal's designee shall notify as soon as possible the appropriate law enforcement authorities, of the county or city in which the school is located, of any act of the student described in section 79-267 which the principal or designee knows or suspects is a violation of the Nebraska Criminal Code.

(2) The principal, the principal's designee, or any other school employee reporting an alleged violation of the Nebraska Criminal Code shall not be civilly or criminally liable as a result of any report authorized by this section unless (a) such report was false and the person making such report knew or should have known it was false or (b) the report was made with negligent disregard for the truth or falsity of the report.

Source:Laws 1994, LB 1250, § 42; R.S.1943, (1994), § 79-4,205.01; Laws 1996, LB 900, § 97.


Cross References

79-294. Removal of minor from school premises; release to peace officer; principal or other school official; duties; peace officer; duties; juvenile court review; when.

When a principal or other school official releases a minor student to a peace officer as defined in section 49-801 for the purpose of removing the minor from the school premises, the principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer and regarding the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse, in which case the principal or other school official shall provide the peace officer with the address and telephone number of the minor's parent or guardian. The peace officer shall take immediate steps to notify the parent, guardian, or responsible relative of the minor that the minor is in custody and the place where he or she is being held. If the peace officer has a reasonable belief that the minor would be endangered by a disclosure of the place where the minor is being held or that the disclosure would cause the custody of the minor to be disturbed, the peace officer may refuse to disclose the place where the minor is being held for a period not to exceed twenty-four hours. The peace officer shall, however, inform the parent, guardian, or responsible relative whether the child requires and is receiving medical or other treatment. The juvenile court shall review any decision not to disclose the place where the minor is being held at any subsequent detention hearing.

Source:Laws 1994, LB 1250, § 43; R.S.1943, (1994), § 79-4,205.02; Laws 1996, LB 900, § 98.


79-295. Corporal punishment; prohibited.

Corporal punishment shall be prohibited in public schools.

Source:Laws 1988, LB 316, § 1; R.S.1943, (1994), § 79-4,140; Laws 1996, LB 900, § 99.


Annotations

79-296. Anabolic steroids; additional sanction.

(1) In addition to the penalties provided in the Uniform Controlled Substances Act and section 79-267, any person under nineteen years of age who is a student at any public elementary, secondary, or postsecondary educational institution in this state who possesses, dispenses, delivers, or administers anabolic steroids as defined in section 28-401 in violation of the Uniform Controlled Substances Act may be prohibited from participating in any extracurricular activities for not more than thirty consecutive days for the first offense. For the second or any subsequent offense, the student may be barred from participation in such activities for any period of time the institution deems appropriate pursuant to the written policy of the institution.

(2) Any sanction imposed pursuant to this section shall be in accordance with a written policy of the institution. The institution shall post the written policy in a conspicuous place and shall make a copy of the policy available to any student upon request.

Source:Laws 1990, LB 571, § 10; Laws 1992, LB 1019, § 122; R.S.1943, (1994), § 79-4,228; Laws 1996, LB 900, § 100.


Cross References

79-297. Repealed. Laws 2013, LB 410, § 24.

79-298. Repealed. Laws 2013, LB 410, § 24.

79-299. Repealed. Laws 2013, LB 410, § 24.

79-2,100. Repealed. Laws 2013, LB 410, § 24.

79-2,101. Public schools; membership in secret organizations, prohibited.

It shall be unlawful for the pupils of any public school of this state to participate in or be members of any secret fraternity or secret organization that is in any degree a school organization.

Source:Laws 1909, c. 121, § 1, p. 461; R.S.1913, § 6945; C.S.1922, § 6527; C.S.1929, § 79-2104; R.S.1943, § 79-2114; Laws 1949, c. 256, § 163, p. 746; R.S.1943, (1994), § 79-4,125; Laws 1996, LB 900, § 105.


79-2,102. Public schools; secret organizations; denial of school privileges; expulsion.

Any school board or board of education may deny any or all school privileges to any regularly enrolled student who violates section 79-2,101 or may expel any such student for failure or refusal to comply with such section.

Source:Laws 1909, c. 121, § 2, p. 461; R.S.1913, § 6946; C.S.1922, § 6528; C.S.1929, § 79-2105; R.S.1943, § 79-2116; Laws 1949, c. 256, § 165, p. 747; R.S.1943, (1994), § 79-4,127; Laws 1996, LB 900, § 107.


79-2,103. Public schools; outside organizations; rushing prohibited; violation; penalty.

Any person, whether a pupil of any public school or not, who enters upon the school grounds or any school building for the purpose of rushing or soliciting, while there, any pupil of a public school to join any fraternity, society, or association organized outside of the schools shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two dollars nor more than ten dollars.

Source:Laws 1909, c. 121, § 3, p. 462; R.S.1913, § 6947; C.S.1922, § 6529; C.S.1929, § 79-2106; R.S.1943, § 79-2115; Laws 1949, c. 256, § 164, p. 747; R.S.1943, (1994), § 79-4,126; Laws 1996, LB 900, § 106.


79-2,104. Access to school files or records; limitation; fees; disciplinary material; removed and destroyed; when; sharing of student data, records, and information.

(1) Any student in any public school or his or her parents, guardians, teachers, counselors, or school administrators shall have access to the school's files or records maintained concerning such student, including the right to inspect, review, and obtain copies of such files or records. No other person shall have access to such files or records except (a) when a parent, guardian, or student of majority age provides written consent or (b) as provided in subsection (3) of this section. The contents of such files or records shall not be divulged in any manner to any unauthorized person. All such files or records shall be maintained so as to separate academic and disciplinary matters, and all disciplinary material shall be removed and destroyed after a student's continuous absence from the school for a period of three years.

(2) Each public school may establish a schedule of fees representing a reasonable cost of reproduction for copies of a student's files or records for the parents or guardians of such student, except that the imposition of a fee shall not prevent parents of students from exercising their right to inspect and review the students' files or records and no fee shall be charged to search for or retrieve any student's files or records.

(3)(a) This section does not preclude authorized representatives of (i) auditing officials of the United States, (ii) auditing officials of this state, or (iii) state educational authorities from having access to student or other records which are necessary in connection with the audit and evaluation of federally supported or state-supported education programs or in connection with the enforcement of legal requirements which relate to such programs, except that, when collection of personally identifiable data is specifically authorized by law, any data collected by such officials with respect to individual students shall be protected in a manner which shall not permit the personal identification of students and their parents by other than the officials listed in this subsection. Personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, or enforcement of legal requirements.

(b) This section does not preclude or prohibit the disclosure of student records to any other person or entity which may be allowed to have access pursuant to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as such act existed on February 1, 2013, and regulations adopted thereunder.

(4) The Legislature finds and declares that the sharing of student data, records, and information among school districts, educational service units, learning communities, and the State Department of Education, to the fullest extent practicable and permitted by law, is vital to advancing education in this state. Whenever applicable law permits the sharing of such student data, records, and information, each school district, educational service unit, and learning community shall comply unless otherwise prohibited by law. The State Board of Education shall adopt and promulgate rules and regulations providing for and requiring the uniform sharing of student data, records, and information among school districts, educational service units, learning communities, and the department.

Source:Laws 1973, LB 370, § 2; Laws 1979, LB 133, § 1; Laws 1986, LB 642, § 1; R.S.1943, (1994), § 79-4,157; Laws 1996, LB 900, § 108; Laws 2009, LB549, § 10;    Laws 2013, LB262, § 1.    


79-2,105. School files or records; provided upon student's transfer.

A copy of a public or private school's files or records concerning a student, including academic material and any disciplinary material relating to any suspension or expulsion, shall be provided at no charge, upon request, to any public or private school to which the student transfers.

Source:Laws 1986, LB 642, § 2; R.S.1943, (1994), § 79-4,157.01; Laws 1996, LB 900, § 109; Laws 2009, LB549, § 11.    


79-2,106. Department; gifts, devises, and bequests; accept; loans; terms and conditions.

The State Department of Education may accept, in trust, any gifts, devises, and bequests to be held and administered by the department for the purpose of making loans to worthy and needy students attending any college, university, or community college in this state. Such loans shall only be made to students whose parents are residents of Nebraska. Such loans shall be made on such terms and conditions as the State Board of Education shall prescribe or as may be imposed by the donor.

Source:Laws 1967, c. 522, § 1, p. 1743; Laws 1988, LB 802, § 16; R.S.1943, (1994), § 79-321.01; Laws 1996, LB 900, § 110.


Cross References

79-2,107. Student personnel services; supervision.

The State Board of Education shall provide supervision and leadership to assure that appropriate student personnel services are provided by the schools and other agencies of this state. Student personnel services shall include school guidance, counseling, testing services, and all other necessary and appropriate noninstructional services for students. The State Department of Education shall provide general supervision and coordination of student personnel services as such services relate to instructional and educational services provided by schools and other agencies.

Source:Laws 1971, LB 660, § 2; Laws 1993, LB 348, § 11; R.S.1943, (1994), § 79-321.03; Laws 1996, LB 900, § 111.


79-2,108. Repealed. Laws 1997, LB 347, § 59.

79-2,109. Repealed. Laws 1997, LB 347, § 59.

79-2,110. Repealed. Laws 1997, LB 347, § 59.

79-2,111. Repealed. Laws 1997, LB 347, § 59.

79-2,112. Repealed. Laws 1997, LB 347, § 59.

79-2,113. Repealed. Laws 1997, LB 347, § 59.

79-2,114. Act, how cited.

Sections 79-2,114 to 79-2,124 shall be known and may be cited as the Nebraska Equal Opportunity in Education Act.

Source:Laws 1982, LB 628, § 1; R.S.1943, (1994), § 79-3001; Laws 1996, LB 900, § 118.


Cross References

79-2,115. Terms, defined.

For purposes of the Nebraska Equal Opportunity in Education Act, unless the context otherwise requires:

(1) Educational institution means any public preschool, any public elementary school or secondary school, any educational service unit, and the State Department of Education; and

(2) Governing board means the duly constituted board of any public school system of elementary or secondary schools, any educational service unit board, and the State Board of Education.

Source:Laws 1982, LB 628, § 2; R.S.1943, (1994), § 79-3002; Laws 1996, LB 900, § 119.


79-2,116. Legislative findings; discriminatory practices enumerated.

The Legislature finds and declares that it shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of sex in any program or activity. Such discriminatory practices include, but are not limited to, the following practices:

(1) Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity, except athletic programs;

(2) Denial of comparable opportunity in intramural and interscholastic athletic programs;

(3) Discrimination among persons in employment and the conditions of such employment; and

(4) The application of any rule which discriminates on the basis of (a) the pregnancy of any person, (b) the marital status of any person, or (c) the condition of being a parent. Rules requiring certification of a physician's diagnosis and such physician's recommendation as to what activities a pregnant person may participate in are permissible. For purposes of this section marital status shall include the condition of being single, married, widowed, or divorced.

Source:Laws 1982, LB 628, § 3; R.S.1943, (1994), § 79-3003; Laws 1996, LB 900, § 120.


79-2,117. Rules and regulations; institutions adopt; department; duties.

The governing boards of educational institutions shall adopt and promulgate rules and regulations needed to carry out the Nebraska Equal Opportunity in Education Act. The State Department of Education shall provide such technical assistance in the development of these rules and regulations as may be requested by the governing board of any public school system of elementary or secondary schools. Governing boards of educational institutions, with the advice of staff, shall formulate activities and programs needed to carry out the act.

Source:Laws 1982, LB 628, § 4; R.S.1943, (1994), § 79-3004; Laws 1996, LB 900, § 121.


79-2,118. Violation; complaint; filing; disposition; procedure; governing board; duties.

(1) Any person aggrieved by a violation of the Nebraska Equal Opportunity in Education Act or any rule, regulation, or procedure adopted pursuant to the act may file a complaint with the governing board of the educational institution committing such violation. Such complaint shall be made in writing, under oath, within one hundred eighty days after such alleged violation, and shall set forth the claimant's address and the facts of such alleged violation with sufficient particularity as to permit the governing board to understand and investigate the conduct complained of.

(2) The governing board may take such action as may be necessary to correct such violation, including, but not limited to, (a) terminating the discriminatory practice or policy complained of and (b) awarding to the aggrieved person or persons such compensatory money damages as the particular facts and circumstances may warrant.

(3) The governing board shall dispose of the complaint and shall notify the claimant of its finding. All dispositions of such complaints shall be in writing and signed by the chief officer of the governing board, and a true copy of such disposition shall be mailed by certified mail, return receipt requested, to the claimant at the address set forth on the complaint or at such other address as may be filed by the claimant with the governing board. The claimant shall notify the governing board of any change of address, and the governing board has no duty to attempt to locate any claimant who has failed to advise such board of a change of address.

Source:Laws 1982, LB 628, § 5; R.S.1943, (1994), § 79-3005; Laws 1996, LB 900, § 122.


79-2,119. Disposition of complaint; claimant; acceptance.

If the claimant under section 79-2,118 elects to accept the written disposition of the complaint made by the governing board under such section, he or she shall notify such board in writing of his or her acceptance within sixty days after receipt of such disposition, at which time such disposition shall be deemed final and conclusive. A failure to notify the board of such acceptance within the time period provided in this section shall be deemed a rejection of such disposition.

Source:Laws 1982, LB 628, § 6; R.S.1943, (1994), § 79-3006; Laws 1996, LB 900, § 123.


79-2,120. Disposition of complaint; claimant; rejection; court action authorized; limitation.

If the claimant under section 79-2,118 elects not to accept the written disposition of such complaint made by the governing board under such section, he or she may, within one hundred eighty days after receipt of such disposition, file an original action in the district court of the judicial district where such educational institution is located, for equitable relief and compensatory money damages. If such action includes a claim for money damages, such claimant shall be entitled to a trial by jury as to such claim for damages, unless he or she expressly waives in writing such trial by jury.

Source:Laws 1982, LB 628, § 7; R.S.1943, (1994), § 79-3007; Laws 1996, LB 900, § 124.


79-2,121. Complaint; failure of governing board to act; claimant's remedies.

If the governing board fails to dispose of any written complaint filed pursuant to the Nebraska Equal Opportunity in Education Act within one hundred eighty days after the date of filing, such complaint may be withdrawn by the claimant and he or she may then proceed to file an original action in the district court of the judicial district where such educational institution is located pursuant to section 79-2,120. Such action must be filed within two years after the date of the filing of such complaint.

Source:Laws 1982, LB 628, § 8; R.S.1943, (1994), § 79-3008; Laws 1996, LB 900, § 125.


79-2,122. Violation; complaint; prerequisite to other remedy.

No original action asserting a violation of the Nebraska Equal Opportunity in Education Act may be filed in any district court unless a complaint asserting such violation is first filed with the governing board of the educational institution committing such discriminatory act or practice and disposed of or withdrawn as provided in the act.

Source:Laws 1982, LB 628, § 9; R.S.1943, (1994), § 79-3009; Laws 1996, LB 900, § 126.


79-2,123. Nebraska Fair Employment Practice Act; complaint; applicability.

The Nebraska Equal Opportunity in Education Act does not prohibit a person asserting a claim for discrimination in employment or the conditions thereof from filing a complaint pursuant to the Nebraska Fair Employment Practice Act. Filing a complaint pursuant to the Nebraska Fair Employment Practice Act constitutes a waiver of any right to seek relief pursuant to the Nebraska Equal Opportunity in Education Act, and filing a complaint pursuant to the Nebraska Equal Opportunity in Education Act constitutes a waiver of any right to seek relief pursuant to the Nebraska Fair Employment Practice Act.

Source:Laws 1982, LB 628, § 10; R.S.1943, (1994), § 79-3010; Laws 1996, LB 900, § 127.


Cross References

79-2,124. Act, how construed.

The Nebraska Equal Opportunity in Education Act does not prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes.

Source:Laws 1982, LB 628, § 11; R.S.1943, (1994), § 79-3011; Laws 1996, LB 900, § 128.


79-2,125. Act, how cited.

Sections 79-2,125 to 79-2,135 shall be known and may be cited as the Public Elementary and Secondary Student Fee Authorization Act.

Source:Laws 2002, LB 1172, § 1;    Laws 2003, LB 249, § 2.    


79-2,126. Terms, defined.

For purposes of the Public Elementary and Secondary Student Fee Authorization Act:

(1) Extracurricular activities means student activities or organizations which are supervised or administered by the school district, which do not count toward graduation or advancement between grades, and in which participation is not otherwise required by the school district;

(2) Governing body means a school board of any class of school district or an educational service unit board; and

(3) Postsecondary education costs means tuition and other fees associated with obtaining credit from a postsecondary educational institution. For a course in which students receive high school credit and for which they may also choose to apply for postsecondary education credit, the course shall be offered without charge for tuition, transportation, books, or other fees, except that if the student chooses to apply for postsecondary education credit, he or she may be charged tuition and other fees only associated with obtaining credits from a postsecondary educational institution.

Source:Laws 2002, LB 1172, § 2;    Laws 2003, LB 249, § 3.    


79-2,127. Student fees authorized.

Except as provided in section 79-2,133, a governing body may require and collect fees or other funds from or on behalf of students or require students to provide specialized equipment or specialized attire for any of the following purposes:

(1) Participation in extracurricular activities;

(2) Admission fees and transportation charges for spectators attending extracurricular activities;

(3) Postsecondary education costs;

(4) Transportation pursuant to sections 79-241, 79-605, and 79-611;

(5) Copies of student files or records pursuant to section 79-2,104;

(6) Reimbursement to the school district or educational service unit for school district or educational service unit property lost or damaged by the student;

(7) Before-and-after-school or prekindergarten services offered pursuant to section 79-1104;

(8) Summer school or night school;

(9) Parking; and

(10) Breakfast and lunch programs.

Except as provided in this section and sections 79-2,127.01, 79-2,131, and 79-2,132, a governing body shall not collect money pursuant to the Public Elementary and Secondary Student Fee Authorization Act from students.

Source:Laws 2002, LB 1172, § 3;    Laws 2003, LB 249, § 4.    


79-2,127.01. Donations authorized.

The Public Elementary and Secondary Student Fee Authorization Act does not limit the ability of a governing body to request donations of money, materials, equipment, or attire to defray costs if the request is made in such a way that it is clear that the request is not a requirement. The act does not prohibit a governing body from permitting students to supply materials for course projects.

Source:Laws 2003, LB 249, § 5.    


79-2,128. Extracurricular activities; incidentals furnished by students; authorized.

A governing body may require students to furnish minor personal or minor consumable items for participation in extracurricular activities.

Source:Laws 2002, LB 1172, § 4;    Laws 2003, LB 249, § 6.    


79-2,129. Nonspecialized attire furnished by students; authorized.

A governing body may require students to furnish and wear nonspecialized attire meeting general written guidelines for specified courses and activities if the written guidelines are reasonably related to the course or activity.

Source:Laws 2002, LB 1172, § 5.    


79-2,130. Repealed. Laws 2003, LB 249, § 12.

79-2,131. Musical instruments furnished by students; fee authorized; when.

A governing body may require students to furnish musical instruments for participation in optional music courses that are not extracurricular activities if the governing body provides for the use of a musical instrument without charge for any student who qualifies for free or reduced-price lunches under United States Department of Agriculture child nutrition programs. Participation in a free-lunch program or reduced-price lunch program is not required to qualify for free or reduced-price lunches for purposes of this section. This section does not require a governing body to provide for the use of a particular type of musical instrument for any student. For musical extracurricular activities, a governing body may require fees or require students to provide specialized equipment, such as musical instruments, or specialized attire consistent with the Public Elementary and Secondary Student Fee Authorization Act.

Source:Laws 2002, LB 1172, § 7;    Laws 2003, LB 249, § 7.    


79-2,132. School store; authorized.

The Public Elementary and Secondary Student Fee Authorization Act does not preclude operation of a school store in which students may purchase food, beverages, and personal or consumable items. A school store need not have a permanent physical presence and may consist of providing order forms for students to voluntarily purchase items from the school or another vendor.

Source:Laws 2002, LB 1172, § 8;    Laws 2003, LB 249, § 8.    


79-2,133. Fee waiver policy.

Each governing body shall establish a policy waiving the fees and providing the items otherwise required to be provided by students pursuant to subdivision (1) of section 79-2,127 for students who qualify for free or reduced-price lunches under United States Department of Agriculture child nutrition programs. Participation in a free-lunch program or reduced-price lunch program is not required to qualify for free or reduced-price lunches for purposes of this section.

Each governing body may establish a policy for waiving fees or providing items otherwise required to be provided by students in other circumstances.

Source:Laws 2002, LB 1172, § 9;    Laws 2003, LB 249, § 9.    


79-2,134. Student fee policy; hearing; procedure; contents.

On or before August 1, 2002, and annually each year thereafter, each school board shall hold a public hearing at a regular or special meeting of the board on a proposed student fee policy, following a review of the amount of money collected from students pursuant to, and the use of waivers provided in, the student fee policy for the prior school year. The student fee policy shall be adopted by a majority vote of the school board and shall be published in the student handbook. The board shall provide a copy of the student handbook to every student, or to every household in which at least one student resides, at no cost to the student or household. The student fee policy shall include specific details regarding:

(1) The general written guidelines for any nonspecialized attire required for specified courses and activities;

(2) Any personal or consumable items a student will be required to furnish for participation in extracurricular activities;

(3) Any specialized equipment or attire which a student will be required to provide for any extracurricular activity;

(4) Any fees required from a student for participation in any extracurricular activity;

(5) Any fees required for postsecondary education costs;

(6) Any fees required for transportation costs pursuant to sections 79-241, 79-605, and 79-611;

(7) Any fees required for copies of student files or records pursuant to section 79-2,104;

(8) Any fees required for participation in before-and-after-school or prekindergarten services offered pursuant to section 79-1104;

(9) Any fees required for participation in summer school or night school;

(10) Any fees for breakfast and lunch programs; and

(11) The waiver policy pursuant to section 79-2,133.

No fee, specialized equipment or attire, or nonspecialized attire may be required pursuant to the Public Elementary and Secondary Student Fee Authorization Act unless the maximum dollar amount of the fee, the specifications for the specialized equipment or attire, or the specifications for the nonspecialized attire are specified in the student fee policy approved by the board. Reimbursement pursuant to subdivision (6) of section 79-2,127 for property lost or damaged by a student may be required without specification in the student fee policy.

Source:Laws 2002, LB 1172, § 10;    Laws 2003, LB 249, § 10.    


79-2,135. Student fee fund.

Each school district that collects money from students pursuant to subdivisions (1), (3), and (8) of section 79-2,127 shall establish a student fee fund. For purposes of this section, student fee fund means a separate school district fund not funded by tax revenue, into which all money collected from students pursuant to such subdivisions shall be deposited and from which money shall be expended for the purposes for which it was collected from students.

Funds collected from another school district for providing summer school or night school instruction to a school district's students and the related expenditures for providing such instruction shall be accounted for in the general fund of the school district providing the instruction.

Source:Laws 2002, LB 1172, § 11;    Laws 2003, LB 67, § 3.    


79-2,136. Part-time enrollment; school board; duties; section, how construed.

Each school board shall allow the part-time enrollment of students who are residents of the school district pursuant to subsections (1) and (2) of section 79-215 and who are also enrolled in a private, denominational, or parochial school or in a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements and shall establish policies and procedures for such part-time enrollment. Such policies and procedures may include provisions permitting the part-time enrollment of such students who are not residents of such school districts and may require part-time students to follow school policies that apply to other students at any time the part-time student is present on school grounds or at a school-sponsored activity or athletic event. Part-time enrollment shall not entitle a student to transportation or transportation reimbursements pursuant to section 79-611. Nothing in this section shall be construed to exempt any student from the compulsory attendance provisions of sections 79-201 to 79-207.

Source:Laws 2006, LB 821, § 1;    Laws 2010, LB1071, § 4.    


79-2,137. School district; development and adoption of bullying prevention and education policy; review.

(1) The Legislature finds and declares that:

(a) Bullying disrupts a school's ability to educate students; and

(b) Bullying threatens public safety by creating an atmosphere in which such behavior can escalate into violence.

(2) For purposes of this section, bullying means any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at school-sponsored activities or school-sponsored athletic events.

(3) On or before July 1, 2009, each school district as defined in section 79-101 shall develop and adopt a policy concerning bullying prevention and education for all students.

(4) The school district shall review the policy annually.

Source:Laws 2008, LB205, § 1.    


79-2,138. Act, how cited.

Sections 79-2,138 to 79-2,142 shall be known and may be cited as the Lindsay Ann Burke Act.

Source:Laws 2009, LB63, § 43.    


79-2,139. Legislative findings and intent.

The Legislature finds and declares that all students have a right to work and study in a safe, supportive environment that is free from harassment, intimidation, and violence. The Legislature further finds that when a student is a victim of dating violence, his or her academic life suffers and his or her safety at school is jeopardized. The Legislature therefor finds and declares that a policy to create a better understanding and awareness of dating violence shall be adopted by each school district. It is the intent of the Legislature to require each school district to establish a policy for educating staff and students about dating violence.

Source:Laws 2009, LB63, § 44.    


79-2,140. Terms, defined.

For purposes of the Lindsay Ann Burke Act, unless the context otherwise requires:

(1) Dating partner means any person, regardless of gender, involved in an intimate relationship with another person primarily characterized by the expectation of affectionate involvement whether casual, serious, or long-term;

(2) Dating violence means a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal, or emotional abuse, to control his or her dating partner;

(3) Department means the State Department of Education; and

(4) School district has the same meaning as in section 79-101.

Source:Laws 2009, LB63, § 45.    


79-2,141. Model dating violence policy; department; school district; duties; publication; staff training; redress under other law.

(1) On or before March 1, 2010, the department shall develop and adopt a model dating violence policy to assist school districts in developing policies for dating violence.

(2) On or before July 1, 2010, each school district shall develop and adopt a specific policy to address incidents of dating violence involving students at school, which shall be made a part of the requirements for accreditation in accordance with section 79-703. Such policy shall include a statement that dating violence will not be tolerated.

(3) To ensure notice of a school district's dating violence policy, the policy shall be published in any school district handbook, manual, or similar publication that sets forth the comprehensive rules, procedures, and standards of conduct for students at school.

(4) Each school district shall provide dating violence training to staff deemed appropriate by a school district's administration. The dating violence training shall include, but not be limited to, basic awareness of dating violence, warning signs of dating violence, and the school district's dating violence policy. The dating violence training may be provided by any school district or combination of school districts, an educational service unit, or any combination of educational service units.

(5) Each school district shall inform the students' parents or legal guardians of the school district's dating violence policy. If requested, the school district shall provide the parents or legal guardians a copy of the school district's dating violence policy and relevant information.

(6) This section does not prevent a victim of dating violence from seeking redress under any other available law, either civil or criminal, and does not create or alter any existing tort liability.

Source:Laws 2009, LB63, § 46.    


79-2,142. School district; incorporate dating violence education.

Each school district shall incorporate dating violence education that is age-appropriate into the school program. Dating violence education shall include, but not be limited to, defining dating violence, recognizing dating violence warning signs, and identifying characteristics of healthy dating relationships.

Source:Laws 2009, LB63, § 47.    


79-2,143. State school security director; appointment.

The position of state school security director is created within the State Department of Education. The Commissioner of Education shall appoint the director based on experience, knowledge, and skills in the field of school security.

Source:Laws 2014, LB923, § 1.    


79-2,144. State school security director; duties.

The state school security director appointed pursuant to section 79-2,143 shall be responsible for providing leadership and support for safety and security for the public schools. Duties of the director include, but are not limited to:

(1) Collecting safety and security plans, required pursuant to rules and regulations of the State Department of Education relating to accreditation of schools, and other school security information from each school system in Nebraska. School districts shall provide the state school security director with the safety and security plans of the school district and any other security information requested by the director, but any plans or information submitted by a school district may be withheld by the department pursuant to subdivision (8) of section 84-712.05;

(2) Recommending minimum standards for school security on or before January 1, 2016, to the State Board of Education;

(3) Conducting an assessment of the security of each public school building, which assessment shall be completed by August 31, 2019;

(4) Identifying deficiencies in school security based on the minimum standards adopted by the State Board of Education and making recommendations to school boards for remedying such deficiencies;

(5) Establishing security awareness and preparedness tools and training programs for public school staff;

(6) Establishing research-based model instructional programs for staff, students, and parents to address the underlying causes for violent attacks on schools;

(7) Overseeing suicide awareness and prevention training in public schools pursuant to section 79-2,146;

(8) Establishing tornado preparedness standards which shall include, but not be limited to, ensuring that every school conducts at least two tornado drills per year;

(9) Responding to inquiries and requests for assistance relating to school security from private, denominational, and parochial schools; and

(10) Recommending curricular and extracurricular materials to assist school districts in preventing and responding to cyberbullying and digital citizenship issues.

Source:Laws 2014, LB923, § 2;    Laws 2015, LB525, § 5;    Laws 2017, LB512, § 8.    
Operative Date: May 23, 2017


79-2,145. Rules and regulations.

The State Board of Education, based on the recommendations of the state school security director appointed pursuant to section 79-2,143, may adopt and promulgate rules and regulations establishing minimum school security standards on or before July 1, 2016.

Source:Laws 2014, LB923, § 3.    


79-2,146. Suicide awareness and prevention training.

(1) Beginning in school year 2015-16, all public school nurses, teachers, counselors, school psychologists, administrators, school social workers, and any other appropriate personnel shall receive at least one hour of suicide awareness and prevention training each year. This training shall be provided within the framework of existing inservice training programs offered by the State Department of Education or as part of required professional development activities.

(2) The department, in consultation with organizations including, but not limited to, the Nebraska State Suicide Prevention Coalition, the Nebraska chapter of the American Foundation for Suicide Prevention, the Behavioral Health Education Center of Nebraska, the National Alliance on Mental Illness Nebraska, and other organizations and professionals with expertise in suicide prevention, shall develop a list of approved training materials to fulfill the requirements of subsection (1) of this section. Such materials shall include training on how to identify appropriate mental health services, both within the school and also within the larger community, and when and how to refer youth and their families to those services. Such materials may include programs that can be completed through self-review of suitable suicide prevention materials.

(3) The department may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2014, LB923, § 4.    


79-2,147. Legislative findings.

The Legislature finds that:

(1) Pediatric cancer is the number one cause of death due to disease in the United States for children from birth to fourteen years of age;

(2) Nebraska ranks fifth in the United States in incidence of pediatric cancer;

(3) Eighty percent of children with the most common types of pediatric cancer will survive but the majority of pediatric cancer survivors will have chronic medical conditions for the rest of their lives; and

(4) Pediatric cancer survivors returning to school after successful treatment have specific cognitive, behavioral, physical, developmental, and social impairments that must be accommodated in order for the survivors to achieve their full educational potential.

Source:Laws 2015, LB511, § 1.    


79-2,148. Return-to-learn protocol; establishment.

Each approved or accredited public, private, denominational, or parochial school shall establish a return-to-learn protocol for students returning to school after being treated for pediatric cancer. The return-to-learn protocol shall recognize that students who have been treated for pediatric cancer and returned to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff.

Source:Laws 2015, LB511, § 2.    


79-2,149. Legislative findings.

The Legislature finds and declares that:

(1) Pregnant and parenting students face enormous challenges to completing their education. The majority of young women who become pregnant in high school leave school which detrimentally impacts their financial, social, and educational future, as well as the future of their children;

(2) Schools have an obligation to keep pregnant and parenting students in school;

(3) Schools must remove overly restrictive or inflexible absence and leave policies so that pregnant students can attend prenatal medical appointments and parenting students can attend appointments for pediatric medical care, provide opportunities for students to make up school work or allow alternative education for students who become pregnant, and make accommodations for breastfeeding or milk expression; and

(4) Young women should not have to choose between completing their education and parenthood.

Source:Laws 2017, LB427, § 1.    
Effective Date: August 24, 2017


79-2,150. School board; duties.

Beginning May 1, 2018, the school board of each school district shall adopt a written policy to be implemented at the start of the 2018-19 school year which provides for standards and guidelines to accommodate absences related to pregnancy and child care for pregnant and parenting students. Such policy shall include procedures and provisions in conformance with the minimum standards set forth in any model policy developed by the State Department of Education pursuant to section 79-2,151 or shall meet the minimum standards set forth in such section and may include any other procedures and provisions the school board deems appropriate.

Source:Laws 2017, LB427, § 2.    
Effective Date: August 24, 2017


79-2,151. State Department of Education; model policy; contents.

On or before December 1, 2017, the State Department of Education may develop and distribute a model policy to encourage the educational success of pregnant and parenting students. At a minimum, such policy shall:

(1) Specifically identify procedures to anticipate and provide for student absences due to pregnancy and allow students to return to school and, if applicable, participate in extracurricular activities after pregnancy;

(2) Provide alternative methods to keep a pregnant or parenting student in school by allowing coursework to be accessed at home or accommodating tutoring visits, online courses, or a similar supplement to classroom attendance;

(3) Identify alternatives for accommodating lactation by providing students with private, hygienic spaces to express breast milk during the school day; and

(4) Establish a procedure for schools which do not have an in-school child care facility to assist student-parents by identifying child care providers for purposes of placing their children in child care facilities which, where possible, participate in the quality rating and improvement system and meet all of the quality rating criteria for at least a step-three rating pursuant to the Step Up to Quality Child Care Act and which collaborate with the school.

Source:Laws 2017, LB427, § 3.    
Effective Date: August 24, 2017


Cross References

79-2,152. State Department of Education; powers.

In addition to the development of a model policy, the State Department of Education may offer training for teachers, counselors, and administrators on each school district's policy adopted under section 79-2,150 and the rights of pregnant and parenting students to receive equal access to education.

Source:Laws 2017, LB427, § 4.    
Effective Date: August 24, 2017


79-2,153. Act, how cited.

Sections 79-2,153 to 79-2,155 shall be known and may be cited as the Student Online Personal Protection Act.

Source:Laws 2017, LB512, § 1.    
Operative Date: September 1, 2017


79-2,154. Terms, defined.

For purposes of the Student Online Personal Protection Act:

(1) Covered information means personally identifiable information or material or information that is linked to personally identifiable information or material in any medium or format that is not publicly available and is any of the following:

(a) Created or gathered by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's, or legal guardian's use of the operator's site, service, or application for elementary, middle, or high school purposes;

(b) Created by or provided to an operator by an employee or agent of an elementary school, middle school, high school, or school district for elementary, middle, or high school purposes; or

(c) Gathered by an operator through the operation of its site, service, or application for elementary, middle, or high school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information;

(2) Interactive computer service has the definition found in 47 U.S.C. 230, as such section existed on January 1, 2017;

(3) Elementary, middle, or high school purposes means purposes that are directed by or that customarily take place at the direction of an elementary school, a middle school, a high school, a teacher, or a school district or that aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, collaboration between students, school personnel, or parents, and other purposes that are pursued for the use and benefit of the school or school district;

(4) Operator means, to the extent it is operating in this capacity, the operator of an Internet web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for elementary, middle, or high school purposes and was designed and marketed for elementary, middle, or high school purposes. This term does not include Internet web sites, online services, online applications, or mobile applications operated by a postsecondary institution with a physical presence in Nebraska; and

(5) Targeted advertising means presenting advertisements to a student where the advertisement is selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or covered information. It does not include advertising to a student at an online location based upon that student's current visit to that location, or in response to that student’s request for information or feedback, without the retention of that student's online activities or requests over time for the purpose of targeting subsequent advertisements.

Source:Laws 2017, LB512, § 2.    
Operative Date: September 1, 2017


79-2,155. Operator; prohibited acts; duties; use or disclosure of covered information; applicability of section.

(1) An operator shall not knowingly:

(a) Engage in targeted advertising on the operator's site, service, or application or targeted advertising on any other site, service, or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator's site, service, or application for elementary, middle, or high school purposes;

(b) Use covered information, including persistent unique identifiers, created or gathered by the operator's site, service, or application to amass a profile about a student except in furtherance of elementary, middle, or high school purposes. Amassing a profile does not include the collection and retention of account information that remains under the control of the student, the student's parent or guardian, or the elementary school, middle school, or high school;

(c) Sell or rent a student's covered information. This subdivision does not apply to (i) the purchase, merger, or other type of acquisition of an operator by another entity if the operator or successor entity complies with this section regarding such covered information or (ii) a national assessment provider if the provider secures the express written consent of the student or parent or guardian of the student given in response to clear and conspicuous notice that access to covered information shall only be provided for purposes of obtaining employment, educational scholarships, financial aid, or postsecondary educational opportunities for such student; or

(d) Except as otherwise provided in subsection (3) of this section, disclose covered information unless the disclosure is made for the following purposes:

(i) In furtherance of the elementary, middle, or high school purpose of the site, service, or application, if the recipient of the covered information disclosed under this subdivision does not further disclose the covered information except to allow or improve operability and functionality of the operator's site, service, or application;

(ii) To ensure legal and regulatory compliance or protect against liability;

(iii) To respond to or participate in the judicial process;

(iv) To protect the safety or integrity of users of the site or other individuals or the security of the site, service, or application;

(v) For a school, educational, or employment purpose requested by the student or the student's parent or guardian if the covered information is not used or further disclosed for any other purpose; or

(vi) To a third party if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the third party from disclosing any covered information provided by the operator with subsequent third parties, and requires the third party to implement and maintain reasonable security procedures and practices.

(2) Nothing in this section shall prohibit the operator from using covered information for maintaining, developing, supporting, improving, or diagnosing the operator's site, service, or application.

(3) An operator shall:

(a) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure; and

(b) Delete within a reasonable time period a student's covered information if the elementary school, middle school, high school, or school district requests deletion of covered information under the control of the elementary school, middle school, high school, or school district, unless a student or parent or guardian consents to the maintenance of the covered information.

(4) An operator may use or disclose covered information of a student under the following circumstances:

(a) If other provisions of federal or state law require the operator to disclose the covered information and the operator complies with the requirements of federal and state law in protecting and disclosing such covered information;

(b) As long as no covered information is used for advertising or to amass a profile on the student for purposes other than elementary, middle, or high school purposes, for legitimate research purposes as required by state or federal law and subject to the restrictions under applicable state and federal law or as allowed by state or federal law and in furtherance of elementary, middle, or high school purposes or postsecondary educational purposes; or

(c) To state or local educational agencies, including elementary schools, middle schools, high schools, and school districts, for elementary, middle, or high school purposes, as permitted by state or federal law.

(5) This section does not prohibit an operator from doing any of the following:

(a) Using covered information to improve educational products if such covered information is not associated with an identified student within the operator's site, service, or application or other sites, services, or applications owned by the operator;

(b) Using covered information that is not associated with an identified student to demonstrate or market the effectiveness of the operator's products or services;

(c) Sharing covered information that is not associated with an identified student for the development and improvement of educational sites, services, or applications;

(d) Using recommendation engines to recommend to a student either of the following:

(i) Additional content relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or

(ii) Additional services relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or

(e) Responding to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.

(6) This section does not:

(a) Limit the authority of a law enforcement agency to obtain any content or covered information from an operator as authorized by law or under a court order;

(b) Limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;

(c) Apply to general audience Internet web sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's site, service, or application may be used to access those general audience sites, services, or applications;

(d) Limit service providers from providing Internet connectivity to schools or a student and his or her family;

(e) Prohibit an operator of an Internet web site, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section;

(f) Impose a duty upon a provider of an electronic store, network gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those applications or software;

(g) Impose a duty upon a provider of an interactive computer service to review or enforce compliance with this section by third-party content providers; or

(h) Prohibit a student from downloading, exporting, transferring, saving, or maintaining his or her own student data or documents.

Source:Laws 2017, LB512, § 3.    
Operative Date: September 1, 2017


79-301. State Department of Education; State Board of Education; Commissioner of Education; powers; duties; vacancy, absence, or incapacity; deputy commissioner; duties.

(1) The State Department of Education provided for in Article VII, section 2, of the Constitution of Nebraska shall consist of a State Board of Education and a Commissioner of Education. The State Department of Education shall have general supervision and administration of the school system of the state and of such other activities as the Legislature may direct.

(2) The State Board of Education, acting as a unit, shall be the policy-forming, planning, and evaluative body for the state school program. Except in the appointment of a Commissioner of Education, the board shall deliberate and take action with the professional advice and counsel of the Commissioner of Education.

(3) The Commissioner of Education shall be the executive officer of the State Board of Education and the administrative head of the professional, technical, and clerical staff of the State Department of Education. The commissioner shall act under the authority of the State Board of Education. The commissioner shall have the responsibility for carrying out the requirements of law and of board policies, standards, rules, and regulations and for providing the educational leadership and services deemed necessary by the board for the proper conduct of the state school program. In the event of vacancy in office or the absence or incapacity of the Commissioner of Education, a deputy commissioner shall carry out any duties imposed by law upon the commissioner.

Source:Laws 1953, c. 320, § 1, p. 1053; Laws 1971, LB 220, § 1; R.S.1943, (1994), § 79-321; Laws 1996, LB 900, § 129; Laws 1997, LB 347, § 6; Laws 2015, LB525, § 6.    


Cross References

79-302. Regulations; reports; duty of department to prescribe.

The State Department of Education shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state. The department may establish procedures for submission of forms on electronic media or via telecommunications systems. The department may require the use of a personally identifiable number, which it will assign, on electronic data submissions in lieu of requiring authorized signatures on paper forms.

Source:Laws 1881, c. 78, subdivision VIII, § 5, p. 363; R.S.1913, § 6902; C.S.1922, § 6478; C.S.1929, § 79-1605; R.S.1943, § 79-1608; Laws 1949, c. 256, § 28, p. 701; Laws 1965, c. 513, § 1, p. 1633; Laws 1993, LB 348, § 10; R.S.1943, (1994), § 79-307; Laws 1996, LB 900, § 130.


Annotations

79-303. State Department of Education Revolving Fund; created; use; investment.

(1) The State Department of Education may provide for a system of charges for services rendered by the administrative support programs of the department to all other programs within the department. Such charges received for administrative support services shall be credited to the State Department of Education Revolving Fund, which fund is hereby created. Expenditures shall be made from such fund to finance the operation of the administrative support programs of the department in accordance with appropriations made by the Legislature.

(2) The Director of Administrative Services, upon receipt of proper vouchers approved by the Commissioner of Education, shall issue warrants out of the State Department of Education Revolving Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1978, LB 962, § 1; Laws 1995, LB 7, § 88; R.S.Supp.,1995, § 79-340; Laws 1996, LB 900, § 131.


Cross References

79-304. Commissioner of Education; qualifications.

The Commissioner of Education shall (1)(a) be a person of superior educational attainments, (b) have had many years of experience, (c) have demonstrated personal and professional leadership in the administration of public education, and (d) be eligible to qualify for the highest grade of school administrator certificate currently issued in the state or (2) possess a combination of education, skills, administrative experiences in public education, and other such qualifications as determined by the State Board of Education.

Source:Laws 1953, c. 320, § 11, p. 1059; R.S.1943, (1994), § 79-331; Laws 1996, LB 900, § 132; Laws 2009, LB549, § 12.    


79-305. Commissioner of Education; office; powers; duties.

The Commissioner of Education as the executive officer of the State Board of Education shall: (1) Have an office in the city of Lincoln in which shall be housed the records of the State Board of Education and the State Department of Education, which records shall be subject at all times to examination by the Governor, the Auditor of Public Accounts, and committees of the Legislature; (2) keep the board currently informed and advised on the operation and status of all aspects of the educational program of the state under its jurisdiction; (3) prepare a budget for financing the activities of the board and the department, including the internal operation and maintenance of the department, and upon approval by the board administer the same in accordance with appropriations by the Legislature; (4) voucher the expenses of the department according to the rules and regulations prescribed by the board; (5) be responsible for promoting the efficiency, welfare, and improvement in the school system in the state and for recommending to the board such policies, standards, rules, and regulations as may be necessary to attain these purposes; (6) promote educational improvement by (a) outlining and carrying out plans and conducting essential activities for the preparation of curriculum and other materials, (b) providing necessary supervisory and consultative services, (c) holding conferences of professional educators and other civic leaders, (d) conducting research, experimentation, and evaluation of school programs and activities, and (e) in other ways assisting in the development of effective education in the state; (7) issue teachers' certificates according to the provisions of law and the rules and regulations prescribed by the board; and (8) attend or, in case of necessity, designate a representative to attend all meetings of the board except when the order of business of the board is the selection of a Commissioner of Education. None of the duties prescribed in this section or in section 79-306 prevent the commissioner from exercising such other duties as in his or her judgment and with the approval of the board are necessary to the proper and legal exercise of his or her obligations.

Source:Laws 1953, c. 320, § 12, p. 1059; Laws 1979, LB 289, § 1; R.S.1943, (1994), § 79-332; Laws 1996, LB 900, § 133; Laws 2009, LB549, § 13.    


Cross References

79-306. Commissioner of Education; State Department of Education; administrative head; duties.

The Commissioner of Education shall be the administrative head of the State Department of Education and as such shall (1) have the authority to delegate administrative and supervisory functions to the members of the staff of the department, (2) establish and maintain an appropriate system of personnel administration for the department, (3) prescribe such administrative rules and regulations as are necessary for the proper execution of duties and responsibilities placed upon him or her, (4) perform all duties prescribed by the Legislature in accordance with the policies adopted by the State Board of Education, and (5) faithfully execute the policies and directives of the State Board of Education.

Source:Laws 1953, c. 320, § 13, p. 1060; R.S.1943, (1994), § 79-333; Laws 1996, LB 900, § 134; Laws 2009, LB549, § 14.    


79-307. School districts; numbering.

The Commissioner of Education shall assign a number to each public school district within this state.

Source:Laws 1971, LB 528, § 1; R.S.1943, (1987), § 79-312.01; Laws 1988, LB 1142, § 3; R.S.1943, (1994), § 79-301; Laws 1996, LB 900, § 135.


79-308. Teacher's institutes and conferences; organization; supervision; grant funding to implement evaluation model and training.

(1) The Commissioner of Education shall organize institutes and conferences at such times and places as he or she deems practicable. He or she shall, as far as practicable, attend such institutes and conferences, provide proper instructors for the same, and in other ways seek to improve the efficiency of teachers and advance the cause of education in the state.

(2) The Legislature finds that (a) an educator-effectiveness system includes a quality evaluation system with the primary goal of improving instruction and learning in every school district and (b) school districts have an opportunity to receive training on the quality evaluation models.

(3) Beginning with the 2016-17 school year through the 2019-20 school year, school districts may apply to the State Department of Education for grant funding for a period of up to two years to implement an evaluation model for effective educators and to obtain the necessary training for administrators and teachers for such model.

(4) The State Board of Education may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 1881, c. 78, subdivision VIII, § 2, p. 363; R.S.1913, § 6899; C.S.1922, § 6475; C.S.1929, § 79-1602; R.S.1943, § 79-1605; Laws 1949, c. 256, § 25, p. 700; R.S.1943, (1994), § 79-304; Laws 1996, LB 900, § 136; Laws 2015, LB525, § 7.    


79-309. Public schools; duty to visit and supervise.

The Commissioner of Education shall visit or cause to be visited such schools as he or she may have it in his or her power to do and witness and advise with teachers and school officers upon the manner in which they are conducted.

Source:Laws 1881, c. 78, subdivision VIII, § 3, p. 363; R.S.1913, § 6900; C.S.1922, § 6476; C.S.1929, § 79-1603; R.S.1943, § 79-1606; Laws 1949, c. 256, § 26, p. 701; R.S.1943, (1994), § 79-305; Laws 1996, LB 900, § 137.


79-309.01. Commissioner of Education; duties; use of funds.

The Commissioner of Education shall use the separate accounting provided by the State Treasurer under subdivision (1)(b) of section 79-1035 to determine the amount that is attributable to income from solar or wind agreements on school lands. This amount shall provide funds for the grants described in section 79-308 through the 2019-20 school year.

For purposes of this section, agreement means any lease, easement, covenant, or other such contractual arrangement.

Source:Laws 2010, LB1014, § 1;    Laws 2012, LB828, § 19;    Laws 2015, LB525, § 8.    


79-310. State Board of Education; members; election.

The State Board of Education shall be composed of eight members who shall be elected as provided in section 32-511. The Commissioner of Education shall not be a member of the State Board of Education.

Source:Laws 1953, c. 320, § 2, p. 1054; Laws 1967, c. 527, § 1, p. 1750; Laws 1991, LB 619, § 1; Laws 1994, LB 76, § 589; R.S.1943, (1994), § 79-322; Laws 1996, LB 900, § 138; Laws 2009, LB549, § 15.    


Cross References

79-311. State Board of Education; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.

(1) For the purpose of section 79-310, the state is divided into eight districts. Each district shall be entitled to one member on the board.

(2) The numbers and boundaries of the districts are designated and established by maps identified and labeled as maps ED11-1, ED11-2, ED11-3, ED11-4, ED11-5, ED11-5A, ED11-6, ED11-7, and ED11-8, filed with the Clerk of the Legislature, and incorporated by reference as part of Laws 2011, LB702.

(3)(a) The Clerk of the Legislature shall transfer possession of the maps referred to in subsection (2) of this section to the Secretary of State on May 27, 2011.

(b) When questions of interpretation of district boundaries arise, the maps referred to in subsection (2) of this section in possession of the Secretary of State shall serve as the indication of the legislative intent in drawing the district boundaries.

(c) Each election commissioner or county clerk shall obtain copies of the maps referred to in subsection (2) of this section for the election commissioner's or clerk's county from the Secretary of State.

(d) The Secretary of State shall also have available for viewing on his or her web site the maps referred to in subsection (2) of this section identifying the boundaries for the districts.

Source:Laws 1967, c. 527, § 2, p. 1751; Laws 1971, LB 735, § 1; Laws 1981, LB 554, § 1; Laws 1991, LB 619, § 2; R.S.1943, (1994), § 79-322.01; Laws 1996, LB 900, § 139; Laws 2001, LB 856, § 2;    Laws 2011, LB702, § 1.    


79-312. State Board of Education districts; population figures and maps; basis.

For purposes of section 79-311, the Legislature adopts the official population figures and maps from the 2010 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.

Source:Laws 1971, LB 735, § 2; Laws 1981, LB 554, § 2; Laws 1991, LB 619, § 3; R.S.1943, (1994), § 79-322.02; Laws 1996, LB 900, § 140; Laws 2001, LB 856, § 3;    Laws 2011, LB702, § 2.    


79-313. State Board of Education; members; qualifications.

No person shall be eligible to membership on the State Board of Education (1) who is actively engaged in the teaching profession, (2) who is a holder of any state office or a member of a state board or commission unless the board or commission is limited to an advisory capacity, or (3) unless he or she is a citizen of the United States, a resident of the state for a period of at least six months, and a resident of the district from which he or she is elected for a period of at least six months immediately preceding his or her election.

Source:Laws 1953, c. 320, § 3, p. 1054; Laws 1994, LB 76, § 590; R.S.1943, (1994), § 79-323; Laws 1996, LB 900, § 141; Laws 2001, LB 797, § 8;    Laws 2009, LB549, § 16.    


79-314. State Board of Education; members; vacancies; how filled.

Vacancies occurring on the State Board of Education between one general election and another shall be filled by appointment by the Governor from among qualified persons residing in the district in which the vacancy occurs. Such appointments shall be in writing and continue for the unexpired term and until a successor is elected and qualified. The written appointment shall be filed with the Secretary of State.

Source:Laws 1953, c. 320, § 4, p. 1054; Laws 1957, c. 124, § 24, p. 436; R.S.1943, (1994), § 79-324; Laws 1996, LB 900, § 142.


79-315. State Board of Education; members; officers; Commissioner of Education; appointment; term; removal; seal; powers.

The State Board of Education shall elect from its own membership a president and a vice president and otherwise organize itself for the conduct of business. It shall then consider the appointment of and contracting for a Commissioner of Education whose appointment may be for a period of three years. During such term the commissioner may be removed from office for the causes set forth in subdivision (2) of section 79-318. The commissioner shall be the secretary of the board. The board shall reorganize itself each two years at its first meeting in the next calendar year following a general election. The board shall constitute a body corporate to be known as the State Board of Education, and as such it shall adopt and make use of a common seal and may receive, hold, and use money and real and personal property for the benefit of the school system of the state.

Source:Laws 1953, c. 320, § 5, p. 1055; Laws 1969, c. 707, § 1, p. 2711; Laws 1971, LB 525, § 1; Laws 1982, LB 654, § 1; R.S.1943, (1994), § 79-325; Laws 1996, LB 900, § 143.


79-316. State Board of Education; members; impeachment; grounds.

Members of the State Board of Education shall be liable to impeachment in the same manner and on the same grounds as other state officers.

Source:Laws 1953, c. 320, § 6, p. 1055; Laws 1971, LB 421, § 1; R.S.1943, (1994), § 79-326; Laws 1996, LB 900, § 144.


79-317. State Board of Education; meetings; open to public; exceptions; compensation and expenses.

(1) The State Board of Education shall meet regularly and periodically in the office of the State Department of Education at least four times annually and at such other times and places as it may determine necessary for the proper and efficient conduct of its duties. All meetings shall be called in accordance with this section and the Open Meetings Act. Five members of the board shall constitute a quorum.

(2) The public shall be admitted to all meetings of the State Board of Education except to such closed sessions as the board may direct in accordance with the Open Meetings Act. The board shall cause to be kept a record of all public meetings and proceedings of the board. The commissioner, or his or her designated representative, shall be present at all meetings except when the order of business for the board is the selection of a Commissioner of Education.

(3) The members of the State Board of Education shall receive no compensation for their services but shall be reimbursed for actual and essential expenses incurred in attending meetings or incurred in the performance of duties as directed by the board as provided in sections 81-1174 to 81-1177.

Source:Laws 1953, c. 320, § 7, p. 1055; Laws 1971, LB 421, § 2; Laws 1975, LB 325, § 7; Laws 1981, LB 204, § 153; R.S.1943, (1994), § 79-327; Laws 1996, LB 900, § 145; Laws 2004, LB 821, § 24;    Laws 2009, LB549, § 17.    


Cross References

79-318. State Board of Education; powers; duties.

The State Board of Education shall:

(1) Appoint and fix the compensation of the Commissioner of Education;

(2) Remove the commissioner from office at any time for conviction of any crime involving moral turpitude or felonious act, for inefficiency, or for willful and continuous disregard of his or her duties as commissioner or of the directives of the board;

(3) Upon recommendation of the commissioner, appoint and fix the compensation of all new professional positions in the department, including any deputy commissioners;

(4) Organize the State Department of Education into such divisions, branches, or sections as may be necessary or desirable to perform all its proper functions and to render maximum service to the board and to the state school system;

(5) Provide, through the commissioner and his or her professional staff, enlightened professional leadership, guidance, and supervision of the state school system, including educational service units. In order that the commissioner and his or her staff may carry out their duties, the board shall, through the commissioner: (a) Provide supervisory and consultation services to the schools of the state; (b) issue materials helpful in the development, maintenance, and improvement of educational facilities and programs; (c) establish rules and regulations which govern standards and procedures for the approval and legal operation of all schools in the state and for the accreditation of all schools requesting state accreditation. All public, private, denominational, or parochial schools shall either comply with the accreditation or approval requirements prescribed in this section and section 79-703 or, for those schools which elect not to meet accreditation or approval requirements, the requirements prescribed in subsections (2) through (6) of section 79-1601. Standards and procedures for approval and accreditation shall be based upon the program of studies, guidance services, the number and preparation of teachers in relation to the curriculum and enrollment, instructional materials and equipment, science facilities and equipment, library facilities and materials, and health and safety factors in buildings and grounds. Rules and regulations which govern standards and procedures for private, denominational, and parochial schools which elect, pursuant to the procedures prescribed in subsections (2) through (6) of section 79-1601, not to meet state accreditation or approval requirements shall be as described in such section; (d) institute a statewide system of testing to determine the degree of achievement and accomplishment of all the students within the state's school systems if it determines such testing would be advisable; (e) prescribe a uniform system of records and accounting for keeping adequate educational and financial records, for gathering and reporting necessary educational data, and for evaluating educational progress; (f) cause to be published laws, rules, and regulations governing the schools and the school lands and funds with explanatory notes for the guidance of those charged with the administration of the schools of the state; (g) approve teacher education programs conducted in Nebraska postsecondary educational institutions designed for the purpose of certificating teachers and administrators; (h) approve certificated-employee evaluation policies and procedures developed by school districts and educational service units; and (i) approve general plans and adopt educational policies, standards, rules, and regulations for carrying out the board's responsibilities and those assigned to the State Department of Education by the Legislature;

(6) Adopt and promulgate rules and regulations for the guidance, supervision, accreditation, and coordination of educational service units. Such rules and regulations for accreditation shall include, but not be limited to, (a) a requirement that programs and services offered to school districts by each educational service unit shall be evaluated on a regular basis, but not less than every seven years, to assure that educational service units remain responsive to school district needs and (b) guidelines for the use and management of funds generated from the property tax levy and from other sources of revenue as may be available to the educational service units, to assure that public funds are used to accomplish the purposes and goals assigned to the educational service units by section 79-1204. The State Board of Education shall establish procedures to encourage the coordination of activities among educational service units and to encourage effective and efficient educational service delivery on a statewide basis;

(7) Prepare and distribute reports designed to acquaint school district officers, teachers, and patrons of the schools with the conditions and needs of the schools;

(8) Provide for consultation with professional educators and lay leaders for the purpose of securing advice deemed necessary in the formulation of policies and in the effectual discharge of its duties;

(9) Make studies, investigations, and reports and assemble information as necessary for the formulation of policies, for making plans, for evaluating the state school program, and for making essential and adequate reports;

(10) Submit to the Governor and the Legislature a budget necessary to finance the state school program under its jurisdiction, including the internal operation and maintenance of the State Department of Education;

(11) Interpret its own policies, standards, rules, and regulations and, upon reasonable request, hear complaints and disputes arising therefrom;

(12) With the advice of the Department of Motor Vehicles, adopt and promulgate rules and regulations containing reasonable standards, not inconsistent with existing statutes, governing: (a) The general design, equipment, color, operation, and maintenance of any vehicle with a manufacturer's rated seating capacity of eleven or more passengers used for the transportation of public, private, denominational, or parochial school students; and (b) the equipment, operation, and maintenance of any vehicle with a capacity of ten or less passengers used for the transportation of public, private, denominational, or parochial school students, when such vehicles are owned, operated, or owned and operated by any public, private, denominational, or parochial school or privately owned or operated under contract with any such school in this state, except for vehicles owned by individuals operating a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements. Similar rules and regulations shall be adopted and promulgated for operators of such vehicles as provided in section 79-607;

(13) Accept, on behalf of the Nebraska Center for the Education of Children who are Blind or Visually Impaired, devises of real property or donations or bequests of other property, or both, if in its judgment any such devise, donation, or bequest is for the best interest of the center or the students receiving services from the center, or both, and irrigate or otherwise improve any such real estate when in the board's judgment it would be advisable to do so;

(14) Accept, in order to administer the Interstate Compact on Educational Opportunity for Military Children, any devise, donation, or bequest received by the State Department of Education pursuant to section 79-2206; and

(15) Upon acceptance of any devise, donation, or bequest as provided in this section, administer and carry out such devise, donation, or bequest in accordance with the terms and conditions thereof. If not prohibited by the terms and conditions of any such devise, donation, or bequest, the board may sell, convey, exchange, or lease property so devised, donated, or bequeathed upon such terms and conditions as it deems best and remit all money derived from any such sale or lease to the State Treasurer for credit to the State Department of Education Trust Fund.

None of the duties prescribed in this section shall prevent the board from exercising such other duties as in its judgment may be necessary for the proper and legal exercise of its obligations.

Source:Laws 1953, c. 320, § 8, p. 1056; Laws 1955, c. 306, § 1, p. 947; Laws 1959, c. 383, § 1, p. 1328; Laws 1967, c. 528, § 2, p. 1753; Laws 1969, c. 707, § 2, p. 2712; Laws 1969, c. 708, § 1, p. 2716; Laws 1971, LB 292, § 5; Laws 1974, LB 863, § 8; Laws 1977, LB 205, § 1; Laws 1979, LB 322, § 37; Laws 1981, LB 316, § 1; Laws 1981, LB 545, § 27; Laws 1984, LB 928, § 2; Laws 1984, LB 994, § 6; Laws 1986, LB 1177, § 36; Laws 1987, LB 688, § 11; Laws 1989, LB 15, § 1; Laws 1989, LB 285, § 141; Laws 1990, LB 980, § 34; Laws 1994, LB 858, § 3; R.S.1943, (1994), § 79-328; Laws 1996, LB 900, § 146; Laws 1999, LB 813, § 6;    Laws 2009, LB549, § 18;    Laws 2010, LB1071, § 5;    Laws 2011, LB575, § 8;    Laws 2012, LB782, § 148;    Laws 2013, LB222, § 32;    Laws 2015, LB525, § 9.    


Cross References

Annotations

79-319. State Board of Education; additional powers; enumerated.

The State Board of Education has the authority to (1) provide for the education of and approve special educational facilities and programs provided in the public schools for children with disabilities, (2) act as the state's authority for the approval of all types of veterans educational programs and have jurisdiction over the administration and supervision of on-the-job and apprenticeship training, on-the-farm training, and flight training programs for veterans which are financially supported in whole or in part by the federal government, (3) supervise and administer any educational or training program established within the state by the federal government, except postsecondary education in approved colleges, (4) coordinate educational activities in the state that pertain to elementary and secondary education and such other educational programs as are placed by statute under the jurisdiction of the board, (5) administer any state or federal career and technical education laws and funding as directed, (6) receive and distribute according to law any money, commodities, goods, or services made available to the board from the state or federal government or from any other source and distribute money in accordance with the terms of any grant received, including the distribution of money from grants by the federal government to schools, preschools, day care centers, day care homes, nonprofit agencies, and political subdivisions of the state or institutions of learning not owned or exclusively controlled by the state or a political subdivision thereof, so long as no public funds of the state, any political subdivision, or any public corporation are added to such federal grants, (7) publish, from time to time, directories of schools and educators, pamphlets, curriculum guides, rules and regulations, handbooks on school constitution and other matters of interest to educators, and similar publications. Such publications may be distributed without charge to schools and school officials within this state or may be sold at a price not less than the actual cost of printing. The proceeds of such sale shall be remitted to the State Treasurer for credit to the State Department of Education Cash Fund which may be used by the State Department of Education for the purpose of printing and distributing further such publications on a nonprofit basis. Copies of such publications shall be provided to the Nebraska Publications Clearinghouse pursuant to section 51-413, and (8) when necessary for the proper administration of the functions of the department and with the approval of the Governor and the Department of Administrative Services, rent or lease space outside the State Capitol.

Source:Laws 1953, c. 320, § 9, p. 1058; Laws 1959, c. 384, § 1, p. 1332; Laws 1961, c. 395, § 1, p. 1202; Laws 1963, c. 469, § 5, p. 1504; Laws 1972, LB 1284, § 20; Laws 1974, LB 863, § 9; Laws 1975, LB 359, § 2; Laws 1976, LB 733, § 1; Laws 1985, LB 417, § 1; Laws 1986, LB 997, § 7; R.S.1943, (1994), § 79-329; Laws 1996, LB 900, § 147; Laws 2009, LB549, § 19;    Laws 2014, LB967, § 4;    Laws 2017, LB512, § 9.    
Operative Date: May 23, 2017


79-320. State Board of Education; liability insurance; for whom.

The State Board of Education has the authority to purchase and maintain insurance, on behalf of the Commissioner of Education or any person who is or was a member, officer, employee, or agent of the State Board of Education, against any liability asserted against him or her and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the State Board of Education would have the power to indemnify the individual against such liability under any other provision of law.

Source:Laws 1977, LB 146, § 1; Laws 1981, LB 472, § 1; R.S.1943, (1994), § 79-329.01; Laws 1996, LB 900, § 148.


79-321. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-401. Reorganization of school districts; findings; intent; goals.

The Legislature finds and declares that orderly and appropriate reorganization of school districts may contribute to the objectives of tax equity, educational effectiveness, and cost efficiency. The Legislature further finds that there is a need for greater flexibility in school reorganization options and procedures. It is the intent of the Legislature to encourage an orderly and appropriate reorganization of school districts. The Legislature establishes as its goals for the reorganization of school districts that:

(1) All real property and all elementary and secondary students should be within school systems which offer education in grades kindergarten through twelve. For purposes of meeting this goal, Class I and Class VI school district combinations shall be considered as including all real property and all elementary and secondary students within a school district which offers education in kindergarten through grade twelve;

(2) School districts offering education in kindergarten through grade twelve should be encouraged, when possible, to consider cooperative programs in order to enhance educational opportunities to students; and

(3) The State Department of Education in conjunction with the Bureau of Educational Research and Field Studies in the Department of Education Administration at the University of Nebraska-Lincoln should be encouraged to offer greater technical assistance to school districts which are considering reorganization options.

Source:Laws 1988, LB 940, § 1; R.S.1943, (1994), § 79-426.27; Laws 1996, LB 900, § 150; Laws 1999, LB 272, § 29;    Laws 2005, LB 126, § 9;    Referendum 2006, No. 422.


79-402. Reorganization of school districts; requirements.

(1) By July 1, 1993, all taxable property and all elementary and high school students shall be in school systems which offer education in grades kindergarten through twelve. For purposes of meeting such requirement, a Class I district or portion thereof which is part of a Class VI district and a Class I district or portion thereof affiliated with one or more Class II, III, IV, or V districts shall be considered to include all taxable property and all elementary and high school students within a school system which offers education in grades kindergarten through twelve.

(2) Effective July 1, 1993, with the full implementation of section 79-1077, the Legislature will have attained its school reorganization goals for Class I districts as described in section 79-401.

Source:Laws 1990, LB 259, § 1; Laws 1991, LB 511, § 24; Laws 1992, LB 245, § 29; Laws 1993, LB 348, § 14; R.S.1943, (1994), § 79-426.28; Laws 1996, LB 900, § 151; Laws 2005, LB 126, § 10;    Referendum 2006, No. 422.


79-403. Creation of new district; requirements.

(1) Except as provided in subsections (2) and (3) of this section, no new school district shall be created unless such district provides instruction in kindergarten through grade twelve.

(2) A new Class VI school district may be created if:

(a) Such Class VI school district will include at least two or more previously existing Class II or Class III school districts, except that if a reorganization petition for formation of a Class VI school district is initiated by a petition signed by fifty-five percent of the legal voters of a Class II or III school district, then such Class VI school district may include only one Class II or III school district; and

(b) The enrollment of the new Class VI school district is (i) at least one hundred twenty-five pupils if the district offers instruction in grades nine through twelve, (ii) at least one hundred seventy-five pupils if the district offers instruction in grades seven through twelve, or (iii) at least two hundred students if the district offers instruction in grades six through twelve, except that if such district will have population density of less than three persons per square mile, then the enrollment shall be at least seventy-five students if the district offers instruction in grades nine through twelve, at least one hundred students if the district offers instruction in grades seven through twelve, or at least one hundred twenty-five students if the district offers instruction in grades six through twelve.

(3) One or more new Class I districts may be created as a part of a reorganization petition pursuant to subsection (2) of this section.

Source:Laws 1969, c. 703, § 1, p. 2702; Laws 1988, LB 940, § 2; Laws 1994, LB 1021, § 1; R.S.1943, (1994), § 79-102.01; Laws 1996, LB 900, § 152; Laws 1997, LB 806, § 5; Laws 2003, LB 394, § 2;    Laws 2005, LB 126, § 11;    Referendum 2006, No. 422.


79-404. Merger of Class I districts within boundaries of Class VI district; not prohibited.

Section 79-403 does not prohibit the merger of Class I districts or parts of Class I districts within the boundaries of a Class VI district.

Source:Laws 1969, c. 703, § 2, p. 2703; R.S.1943, (1994), § 79-102.02; Laws 1996, LB 900, § 153; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-405. District; body corporate; powers; name.

Every duly organized school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, may sue and be sued, and may purchase, hold, and sell such personal and real estate as the law allows. The county in which the principal office of the school district is located together with the school district number assigned pursuant to section 79-307 shall constitute the corporate name of the school district, such as ........ County School District ....... .

Source:Laws 1881, c. 78, subdivision I, § 2, p. 331; R.S.1913, § 6701; C.S.1922, § 6239; C.S.1929, § 79-102; R.S.1943, § 79-102; Laws 1949, c. 256, § 40, p. 706; Laws 1961, c. 396, § 2, p. 1204; Laws 1988, LB 1142, § 4; R.S.1943, (1994), § 79-401; Laws 1996, LB 900, § 154; Laws 2005, LB 126, § 12;    Referendum 2006, No. 422.


Cross References

Annotations

79-406. Class II school district creation; board.

A Class II school district shall be created whenever a Class I school district determines to establish a high school by a majority vote of the legal voters at an annual or special meeting.

The members of the school board serving when it is decided to establish a high school shall determine how many members the school board will have and shall continue in office until the first regular meeting of the board in January following the next statewide general election. The Class II district school board shall be elected pursuant to section 32-542.

Source:Laws 1996, LB 900, § 155; Laws 1996, LB 967, § 4; Laws 1997, LB 345, § 8; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422; Laws 2014, LB946, § 35.    


Cross References

Annotations

79-407. Class III school district; boundaries; body corporate; powers.

The territory within the corporate limits of each incorporated municipality in the State of Nebraska that is not in part within the boundaries of a learning community, together with such additional territory and additions to such municipality as may be added thereto, as declared by ordinances to be boundaries of such municipality, having a population of more than one thousand and less than one hundred fifty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, including such adjacent territory as now is or hereafter may be attached for school purposes, shall constitute a Class III school district, except that nothing in this section shall be construed to change the boundaries of any school district that is a member of a learning community. The school district shall be a body corporate and possess all the usual powers of a corporation for public purposes and may sue and be sued, purchase, hold, and sell such personal and real property, and control such obligations as are authorized by law.

Source:Laws 1881, c. 78, subdivision XIV, § 1, p. 376; Laws 1883, c. 72, § 18, p. 296; Laws 1897, c. 69, § 1, p. 315; Laws 1909, c. 128, § 1, p. 472; R.S.1913, § 6948; Laws 1917, c. 128, § 1, p. 309; C.S.1922, § 6582; C.S.1929, § 79-2501; R.S.1943, § 79-2501; Laws 1949, c. 256, § 232, p. 767; Laws 1959, c. 382, § 4, p. 1325; Laws 1967, c. 541, § 1, p. 1782; Laws 1976, LB 383, § 1; Laws 1980, LB 743, § 3; Laws 1981, LB 16, § 2; Laws 1983, LB 465, § 1; Laws 1984, LB 908, § 1; Laws 1988, LB 1142, § 6; Laws 1988, LB 835, § 1; R.S.1943, (1994), § 79-801; Laws 1996, LB 900, § 156; Laws 1997, LB 345, § 9; Laws 1998, LB 629, § 2; Laws 2005, LB 126, § 13;    Laws 2006, LB 1024, § 21;    Referendum 2006, No. 422; Laws 2017, LB113, § 55.    
Effective Date: August 24, 2017


Cross References

Annotations

79-408. Class IV school district; boundaries; body corporate; powers; retirement plans; restrictions.

The territory now or hereafter embraced within each incorporated city of the primary class in the State of Nebraska that is not in part within the boundaries of a learning community, such adjacent territory as now or hereafter may be included therewith for school purposes, and such territory not adjacent thereto as may have been added thereto by law shall constitute a Class IV school district, except that nothing in this section shall be construed to change the boundaries of any school district that is a member of a learning community. A Class IV school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, may sue and be sued, and may purchase, hold, and sell such personal and real estate and contract such obligations as are authorized by law. The powers of a Class IV district include, but are not limited to, the power to adopt, administer, and amend from time to time such retirement, annuity, insurance, and other benefit plans for its present and future employees after their retirement, or any reasonable classification thereof, as may be deemed proper by the board of education. The board of education shall not establish a retirement system for new employees supplemental to the School Employees Retirement System of the State of Nebraska.

The title to all real or personal property owned by such school district shall, upon the organization of the school district, vest immediately in the school district so created. The board of education shall have exclusive control of all property belonging to the school district.

In the discretion of the board of education, funds accumulated in connection with a retirement plan may be transferred to and administered by a trustee or trustees to be selected by the board of education, or if the retirement plan is in the form of annuity or insurance contracts, such funds, or any part thereof, may be paid to a duly licensed insurance carrier or carriers selected by the board of education. Funds accumulated in connection with any such retirement plan, and any other funds of the school district which are not immediately required for current needs or expenses, may be invested and reinvested by the board of education or by its authority in securities of a type permissible either for the investment of funds of a domestic legal reserve life insurance company or for the investment of trust funds, according to the laws of the State of Nebraska.

Source:Laws 1917, c. 225, § 1, p. 550; C.S.1922, § 6610; C.S.1929, § 79-2601; R.S.1943, § 79-2601; Laws 1947, c. 294, § 1(1), p. 907; Laws 1949, c. 256, § 244, p. 772; Laws 1963, c. 489, § 1, p. 1561; Laws 1971, LB 475, § 1; Laws 1988, LB 1142, § 7; R.S.1943, (1994), § 79-901; Laws 1996, LB 900, § 157; Laws 2005, LB 126, § 14;    Laws 2006, LB 1024, § 22;    Referendum 2006, No. 422; Laws 2011, LB509, § 15.    


79-409. Class V school district; body corporate; powers.

Each incorporated city of the metropolitan class in the State of Nebraska shall contain at least one Class V school district. A Class V school district shall be a body corporate and possess all the usual powers of a corporation for public purposes and may sue and be sued, purchase, hold, and sell such personal and real property, and control such obligations as are authorized by law.

Source:Laws 1891, c. 45, § 1, p. 317; R.S.1913, § 7007; C.S.1922, § 6638; C.S.1929, § 79-2701; R.S.1943, § 79-2701; Laws 1947, c. 296, § 1, p. 910; Laws 1949, c. 256, § 248, p. 774; Laws 1988, LB 1142, § 8; R.S.1943, (1994), § 79-1001; Laws 1996, LB 900, § 158; Laws 2005, LB 126, § 15;    Laws 2006, LB 1024, § 23;    Referendum 2006, No. 422.


79-410. Class VI school district; classification.

All school districts organized as of August 27, 1949, as rural high school districts or as county high school districts and all school districts formed as high school districts only shall be Class VI school districts.

Source:Laws 1949, c. 256, § 294, p. 789; R.S.1943, (1994), § 79-1101; Laws 1996, LB 900, § 159; Laws 2005, LB 126, § 16;    Referendum 2006, No. 422.


79-411. Class VI school district; junior-senior high school district created; procedure; vote required.

The legal voters of any Class VI school district may, by a fifty-five percent majority affirmative vote of those voting on the issue at a special election of the district, extend the grade offerings of that district to include grades seven and eight or grades six through eight. Such election shall be conducted by the county clerk or election commissioner in accordance with the Election Act. If the issue receives such fifty-five percent majority affirmative vote, the school district shall then be known as a Class VI junior-senior high school district and shall be supported in the same manner as was provided for the support of the district previous to the extension of its grade offerings. In such an election, the legal voters of all Class I school districts in which there is located an incorporated city or village shall vote separately and the remaining Class I school districts shall vote separately as a unit either for a plan for the individual district or with more districts as determined by the vote by the election. Fifty-five percent of the votes cast in each voting unit shall be in favor of the proposition to put such a plan into operation.

Source:Laws 1961, c. 405, § 1, p. 1222; Laws 1972, LB 661, § 87; Laws 1994, LB 76, § 606; R.S.1943, (1994), § 79-1109; Laws 1996, LB 900, § 160; Laws 1997, LB 345, § 10; Laws 1997, LB 347, § 7; Laws 2003, LB 394, § 3;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Cross References

79-412. Districts; bordering on river constituting state boundary line; boundary.

The boundary line or part thereof of all school districts which border on any river that is the boundary line between the State of Nebraska and any other state shall be identical with the boundary line of the state.

Source:Laws 1923, c. 62, § 1, p. 189; C.S.1929, § 79-131; R.S.1943, § 79-143; Laws 1949, c. 256, § 60, p. 713; R.S.1943, (1994), § 79-421; Laws 1996, LB 900, § 161.


79-413. School districts; creation from other school districts; change of boundaries; affiliation; conditions; petition method; procedure.

(1) The State Committee for the Reorganization of School Districts created under section 79-435 may create a new school district from other districts, change the boundaries of any district that is not a member of a learning community, or affiliate a Class I district or portion thereof with one or more existing Class II, III, IV, or V districts upon receipt of petitions signed by sixty percent of the legal voters of each district affected. If the petitions contain signatures of at least sixty-five percent of the legal voters of each district affected, the state committee shall approve the petitions. When area is added to a Class VI district or when a Class I district which is entirely or partially within a Class VI district is taken from the Class VI district, the Class VI district shall be deemed to be an affected district.

Any petition of the legal voters of a Class I district in which no city or village is situated which is commenced after January 1, 1996, and proposes the dissolution of the Class I district and the attachment of a portion of it to two or more districts shall require signatures of more than fifty percent of the legal voters of such Class I district. If the state committee determines that such petition contains valid signatures of more than fifty percent of the legal voters of such Class I district, the state committee shall grant the petition.

(2)(a) Petitions proposing to change the boundaries of existing school districts that are not members of a learning community through the transfer of a parcel of land, not to exceed six hundred forty acres, shall be approved by the state committee when the petitions involve the transfer of land between Class I, II, III, or IV school districts or when there would be an exchange of parcels of land between Class I, II, III, or IV school districts and the petitions have the approval of at least sixty-five percent of the school board of each affected district. If the transfer of the parcel of land is from a Class I school district to one or more Class II, III, IV, V, or VI school districts of which the parcel is not a part or with which the parcel is not affiliated, any Class II, III, IV, V, or VI school district of which the parcel is not a part or with which the parcel is affiliated shall be deemed an affected district.

(b) The state committee shall not approve a change of boundaries pursuant to this section relating to affiliation of school districts if twenty percent or more of any tract of land under common ownership which is proposing to affiliate is not contiguous to the high school district with which affiliation is proposed unless (i) one or more resident students of the tract of land under common ownership has attended the high school program of the high school district within the immediately preceding ten-year period or (ii) approval of the petition or plan would allow siblings of such resident students to attend the same school as the resident students attended.

(3)(a) Petitions proposing to create a new school district, to change the boundary lines of existing school districts that are not members of a learning community, to create an affiliated school system, or to affiliate a Class I district in part and to join such district in part with a Class VI district, any of which involves the transfer of more than six hundred forty acres, shall, when signed by at least sixty percent of the legal voters in each district affected, be submitted to the state committee. In the case of a petition for affiliation or a petition to affiliate in part and in part to join a Class VI district, the state committee shall review the proposed affiliation subject to sections 79-425 and 79-426. The state committee shall, within forty days after receipt of the petition, hold one or more public hearings and review and approve or disapprove such proposal.

(b) If there is a bond election to be held in conjunction with the petition, the state committee shall hold the petition until the bond election has been held, during which time names may be added to or withdrawn from the petitions. The results of the bond election shall be certified to the state committee.

(c) If the bond election held in conjunction with the petition is unsuccessful, no further action on the petition is required. If the bond election is successful, within fifteen days after receipt of the certification of the bond election results, the state committee shall approve the petition and notify the county clerk to effect the changes in district boundary lines as set forth in the petitions.

(4) Any person adversely affected by the changes made by the state committee may appeal to the district court of any county in which the real estate or any part thereof involved in the dispute is located. If the real estate is located in more than one county, the court in which an appeal is first perfected shall obtain jurisdiction to the exclusion of any subsequent appeal.

(5) A signing petitioner may withdraw his or her name from a petition and a legal voter may add his or her name to a petition at any time prior to the end of the period when the petition is held by the state committee. Additions and withdrawals of signatures shall be by notarized affidavit filed with the state committee.

Source:Laws 1881, c. 78, subdivision I, § 4, p. 332; Laws 1883, c. 72, § 1, p. 288; Laws 1885, c. 79, § 1, p. 319; Laws 1889, c. 78, § 1, p. 539; Laws 1895, c. 58, § 1, p. 221; Laws 1901, c. 59, § 1, p. 429; Laws 1909, c. 117, § 1, p. 451; R.S.1913, § 6703; C.S.1922, § 6241; Laws 1923, c. 63, § 1, p. 190; Laws 1925, c. 177, § 1, p. 461; C.S.1929, § 79-104; Laws 1931, c. 145, § 1, p. 396; C.S.Supp.,1941, § 79-104; Laws 1943, c. 197, § 1(2), p. 659; R.S.1943, § 79-105; Laws 1949, c. 256, § 41, p. 706; Laws 1951, c. 276, § 2, p. 928; Laws 1953, c. 295, § 1, p. 999; Laws 1955, c. 315, § 3, p. 973; Laws 1957, c. 342, § 1, p. 1181; Laws 1959, c. 385, § 1, p. 1334; Laws 1963, c. 471, § 1, p. 1511; Laws 1963, c. 473, § 1, p. 1519; Laws 1963, c. 474, § 1, p. 1522; Laws 1963, c. 475, § 1, p. 1525; Laws 1963, c. 472, § 1, p. 1514; Laws 1967, c. 529, § 1, p. 1757; Laws 1971, LB 468, § 1; Laws 1984, LB 1098, § 1; Laws 1990, LB 259, § 5; Laws 1991, LB 511, § 11; Laws 1992, LB 245, § 16; Laws 1992, LB 719, § 1; Laws 1996, LB 604, § 4; R.S.1943, (1994), § 79-402; Laws 1996, LB 900, § 162; Laws 1996, LB 1050, § 2; Laws 1997, LB 806, § 6; Laws 1999, LB 272, § 30;    Laws 2001, LB 302, § 1;    Laws 2005, LB 126, § 17;    Laws 2006, LB 1024, § 24;    Referendum 2006, No. 422; Laws 2011, LB8, § 1;    Laws 2011, LB235, § 2.    


Annotations

79-414. Districts; change in territory; list of voters; accompany petition.

A list or lists of all the legal voters in each district or territory affected, made under the oath of a resident of each district or territory, shall be given to the State Committee for the Reorganization of School Districts when the petition is filed under section 79-413.

Source:Laws 1883, c. 72, § 1, p. 288; Laws 1885, c. 79, § 1, p. 319; Laws 1889, c. 78, § 1, p. 539; Laws 1895, c. 58, § 1, p. 221; Laws 1901, c. 59, § 1, p. 429; Laws 1909, c. 117, § 1, p. 451; R.S.1913, § 6703; C.S.1922, § 6241; Laws 1923, c. 63, § 1, p. 190; Laws 1925, c. 177, § 1, p. 461; C.S.1929, § 79-104; Laws 1931, c. 145, § 1, p. 396; C.S.Supp.,1941, § 79-104; Laws 1943, c. 197, § 1(5), p. 662; R.S.1943, § 79-110; Laws 1949, c. 256, § 43, p. 707; R.R.S.1943, § 79-404; Laws 1971, LB 468, § 7; R.S.1943, (1994), § 79-402.08; Laws 1996, LB 900, § 163; Laws 1999, LB 272, § 31.    


79-415. Changes in boundaries; creation of new district; affiliation; how initiated.

(1) In addition to the petitions of legal voters pursuant to section 79-413, changes in boundaries and the creation of a new school district from other districts may be initiated and accepted by the school board or board of education of any district that is not a member of a learning community.

(2) In addition to the petitions of legal voters pursuant to section 79-413, the affiliation of a Class I district or portion thereof with one or more Class II, III, IV, or V districts may be initiated and accepted by:

(a) The board of education of any Class II, III, IV, or V district; and

(b) The school board of any Class I district in which is located a city or incorporated village.

Source:Laws 1971, LB 468, § 2; Laws 1990, LB 259, § 6; Laws 1991, LB 511, § 12; Laws 1992, LB 245, § 17; R.S.1943, (1994), § 79-402.03; Laws 1996, LB 900, § 164; Laws 1997, LB 806, § 7; Laws 2005, LB 126, § 18;    Laws 2006, LB 1024, § 25;    Referendum 2006, No. 422.


Annotations

79-416. School districts; merger or affiliation; petition.

When the legal voters of a Class I or Class II school district that is not a member of a learning community and in which no city or village is located petition to merge in whole or in part with a Class I or Class II district, the merger may be accepted by petition of the school board of the accepting district. When the legal voters of a Class I district petition to affiliate in whole or in part with one or more Class II, III, IV, or V districts, such affiliation may be accepted or rejected by petition of the school board or board of education of any such district, but in either case the petition to affiliate shall be accepted or rejected within sixty days after the date of receipt of the petition by the school board or board of education of such district.

Source:Laws 1971, LB 468, § 3; Laws 1990, LB 259, § 7; Laws 1991, LB 511, § 13; Laws 1992, LB 245, § 18; R.S.1943, (1994), § 79-402.04; Laws 1996, LB 900, § 165; Laws 2005, LB 126, § 19;    Laws 2006, LB 1024, § 26;    Referendum 2006, No. 422.


79-417. Class I school district; merger with certain Class I school districts; petition.

When the legal voters of a Class I school district petition to merge with a Class I district with a six-member school board, such merger may be accepted by petition of the school board of the accepting district.

Source:Laws 1971, LB 468, § 4; R.S.1943, (1994), § 79-402.05; Laws 1996, LB 900, § 166; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-418. Changes in boundaries; creation of new school district; petition; requirements.

Petitions presented pursuant to sections 79-415 to 79-417 shall be subject to the same requirements for content, hearings, notice, review, and appeal as petitions submitted pursuant to section 79-413, except that a petition presented pursuant to section 79-415 shall not become effective unless it is approved by a vote of a majority of the members of the State Committee for the Reorganization of School Districts. Any person adversely affected by the disapproval shall have the right of appeal under section 79-413.

Source:Laws 1971, LB 468, § 5; Laws 1984, LB 942, § 1; R.S.1943, (1994), § 79-402.06; Laws 1996, LB 900, § 167; Laws 1997, LB 806, § 8; Laws 1999, LB 272, § 32;    Laws 2005, LB 126, § 20;    Referendum 2006, No. 422.


79-419. Districts; creation from other districts; petition; contents.

(1) When a new district is to be created from other districts as provided in section 79-413, the petition shall contain:

(a) A description of the proposed boundaries of the reorganized districts;

(b) A summary of the terms on which reorganization is to be made between the reorganized districts, which terms may include a provision for initial school board districts or wards within the proposed district for the appointment of the first school board and also for the first election as provided in section 79-451, which proposed initial school board districts or wards shall be determined by the State Committee for the Reorganization of School Districts taking into consideration population and valuation, and a determination of the terms of the board members first appointed to membership of the board of the newly reorganized district;

(c) A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization;

(d) A separate statement as to whether the reorganization is contingent upon the success of a bond election held in conjunction with the reorganization;

(e) An affidavit from the county clerk or election commissioner regarding the validity of the signatures on the petition; and

(f) Such other matters as the petitioners determine proper to be included. Any petition for the creation of a new Class VI district shall designate whether such district shall include high school grades only, grades seven through twelve, or grades six through twelve.

(2) A petition under subsection (1) of this section may contain provisions for the holding of school within existing buildings in the newly reorganized district and that a school constituted under this section shall be maintained from the date of reorganization unless the legal voters served by the school vote by a majority vote for discontinuance of the school.

Source:Laws 1963, c. 475, § 2, p. 1528; R.R.S.1943, (1966), § 79-402.01; Laws 1971, LB 468, § 6; Laws 1985, LB 662, § 26; R.S.1943, (1994), § 79-402.07; Laws 1996, LB 900, § 168; Laws 1997, LB 806, § 9; Laws 1999, LB 272, § 33;    Laws 2003, LB 394, § 4;    Laws 2005, LB 126, § 21;    Referendum 2006, No. 422.


Annotations

79-420. School districts; creation from other school districts; appointment of first school board; term; election of successors.

Within thirty days after the creation of a new school district pursuant to sections 79-413 to 79-419, the State Committee for the Reorganization of School Districts shall appoint from among the legal voters of the new school district created the number of members necessary to constitute a school board of the class in which the new school district has been classified. Members of the first board shall be appointed so that their terms will expire in accord with provisions of law governing school districts of the class involved. The board so appointed shall organize at once in the manner prescribed by law. A reorganized school district shall be formed, organized, and have a governing board not later than June 1 following the last legal action, as prescribed in section 79-413, necessary to effect the changes in boundaries as set forth in the petition, although the physical reorganization of such reorganized school district may not take effect until the commencement of the following school year. At the next election following the establishment of the new school district and at subsequent elections, successors shall be elected in the manner provided by law for election of board members of the class to which the school district belongs.

Source:Laws 1963, c. 475, § 3, p. 1528; R.R.S.1943, (1966), § 79-402.02; Laws 1971, LB 468, § 8; Laws 1988, LB 520, § 1; R.S.1943, (1994), § 79-402.09; Laws 1996, LB 900, § 169; Laws 1997, LB 345, § 11; Laws 1999, LB 272, § 34;    Laws 2015, LB525, § 10.    


79-421. Territory not included in organized district; county clerk; notice; hearing.

(1) When it comes to the attention of the county clerk that any territory located wholly within his or her county is not included in any organized district, he or she shall notify the State Committee for the Reorganization of School Districts. Within fifteen days after such notice, the state committee shall set a date for a hearing on the question of the district or districts to which such territory should be attached and shall give fifteen days' notice by certified or registered mail of the time and place of hearing to each legal voter residing in such territory and whose mailing address is known and also to the school board of each school district in the county adjacent to such territory. Notice of the hearing also shall be given by publication once each week for two weeks in a newspaper of general circulation in the county. Following such hearing, the state committee shall notify the county clerk of the county or counties containing the district or districts to which such territory should be attached and the county clerk shall attach such territory.

(2) If the state committee cannot or does not agree on the district or districts to which the territory shall be attached, within sixty days after being notified by the county clerk, the matter shall be referred to the State Board of Education which shall attach the territory after notice and hearing. Notice shall be given in the same manner as by the state committee.

(3) In determining the district or districts to which such territory shall be attached, consideration shall be given to the school facilities, transportation facilities, and distance children must travel to school.

Source:Laws 1971, LB 468, § 9; R.S.1943, (1994), § 79-402.10; Laws 1996, LB 900, § 170; Laws 1999, LB 272, § 35.    


79-422. Change in boundary lines; affiliation; bonded indebtedness; treatment.

(1) Bonded indebtedness approved by legal voters prior to any change in school district boundary lines pursuant to sections 79-413 to 79-421 shall remain the obligation of the school district voting such bonds unless otherwise specified in the petitions. When a district is dissolved by petitions and the area is attached to two or more districts, the petitions shall specify the disposition of assets and unbonded obligations of the original district.

(2) Bonded indebtedness approved by legal voters for high school facilities prior to the establishment of an affiliation shall remain the obligation of the high school district unless otherwise specified in the petitions.

Source:Laws 1971, LB 468, § 10; Laws 1990, LB 259, § 11; Laws 1993, LB 348, § 13; R.S.1943, (1994), § 79-402.11; Laws 1996, LB 900, § 171; Laws 2005, LB 126, § 22;    Referendum 2006, No. 422.


79-423. School district boundaries; legal voters; vote at district meetings or district elections.

In Class I, II, III, IV, and VI school districts, school district boundaries may comprise all or any part of a precinct or ward in any county or counties, and every legal voter of the school district shall be entitled to vote at any school district meeting or school district election.

Source:Laws 1974, LB 897, § 12; R.S.1943, (1994), § 79-402.12; Laws 1996, LB 900, § 172; Laws 1997, LB 345, § 12; Laws 2005, LB 126, § 23;    Referendum 2006, No. 422.


79-424. Petition or plan for affiliation; procedures applicable.

A Class I school district or portion thereof which comes within the provisions of section 79-431 may file a petition for affiliation pursuant to section 79-413, 79-415, or 79-416 or a plan for affiliation pursuant to the Reorganization of School Districts Act with the State Committee for the Reorganization of School Districts to affiliate with one or more Class II, III, IV, or V districts, or to affiliate in part with one or more Class II, III, IV, or V districts and in part to become part of one or more Class VI districts. Affiliation shall be accomplished pursuant to any of the procedures prescribed in the act and sections 79-413 to 79-419.

Source:Laws 1990, LB 259, § 4; Laws 1991, LB 511, § 14; Laws 1992, LB 245, § 19; R.S.1943, (1994), § 79-402.13; Laws 1996, LB 900, § 173; Laws 1997, LB 347, § 8; Laws 1999, LB 272, § 36;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Cross References

79-425. Petition or plan for affiliation; resubmission; procedure.

If a petition for affiliation pursuant to section 79-413, 79-415, or 79-416 or plan for affiliation proposed under the Reorganization of School Districts Act is rejected by the school board or the legal voters of a Class II, III, IV, or V school district, such petition or plan may be resubmitted after sixty days from the date of the rejection, and the board or legal voters receiving such petition or plan for affiliation shall either accept or reject such petition or plan within sixty days after the date of receipt of such petition or plan. If the petition or plan for affiliation is again rejected by the board or legal voters of such district, the State Committee for the Reorganization of School Districts shall hold a hearing pursuant to the procedures provided in section 79-413 and, within ten days after such hearing, make a determination whether to approve or reject the affiliation.

Source:Laws 1990, LB 259, § 8; Laws 1991, LB 511, § 15; Laws 1992, LB 245, § 20; R.S.1943, (1994), § 79-402.14; Laws 1996, LB 900, § 174; Laws 1999, LB 272, § 37;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Cross References

79-426. Petition or plan for affiliation; state committee; powers and duties.

(1) The State Committee for the Reorganization of School Districts, when considering a petition or a plan to affiliate a Class I school district or portion thereof with one or more Class II, III, IV, or V school districts, shall consider the traditional high school attendance patterns of resident students of such Class I district. The state committee may reject a petition or plan to affiliate only for the reasons stated in subsection (2) of this section.

(2) The state committee may reject a petition or plan for affiliation when:

(a) No Class I district resident student has attended the high school program of the Class II, III, IV, or V district with which an affiliation is proposed during the immediately preceding ten-year period;

(b) The affiliation would require the construction of new high school facilities; or

(c) The affiliation would result in assignment of less than forty percent of the valuation of the Class I district to a high school district which over the immediately preceding five-year period has educated eighty percent or more of the students from such Class I district.

(3) The state committee shall reject a petition or plan for affiliation when twenty percent or more of any tract of land under common ownership which is proposing to affiliate is not contiguous to the high school district with which affiliation is proposed. The state committee shall not reject a petition or plan under this subsection if (a) one or more resident students of the tract of land under common ownership has attended the high school program of the high school district within the immediately preceding ten-year period or (b) approval of the petition or plan would allow siblings of such resident students to attend the same school as the resident students attended.

(4) A rejected petition shall stand rejected notwithstanding that it has been signed by over sixty-five percent of the legal voters of the petitioning Class I district.

Source:Laws 1990, LB 259, § 9; Laws 1991, LB 511, § 16; Laws 1992, LB 245, § 21; Laws 1996, LB 604, § 5; R.S.1943, (1994), § 79-402.15; Laws 1996, LB 900, § 175; Laws 1999, LB 272, § 38;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-427. Petition or plan for affiliation; contents.

A petition for affiliation pursuant to sections 79-413, 79-415, and 79-416 and a plan for affiliation pursuant to the Reorganization of School Districts Act shall contain (1) a description and a map of the proposed boundaries of the affiliated school system and (2) terms of the affiliation, including (a) coordination of elementary curriculum subject to section 79-716 and (b) provision for the establishment and maintenance of an advisory committee as prescribed by section 79-4,103. An affiliation plan or a petition may include provisions allowing parents to continue educating their children in the district in which they currently have children enrolled with reimbursement to be paid to the receiving district from the affiliated high school district based on the per pupil cost for high school students of such districts as reported on the preceding year's annual financial report.

Source:Laws 1990, LB 259, § 10; Laws 1991, LB 511, § 17; Laws 1992, LB 245, § 22; R.S.1943, (1994), § 79-402.16; Laws 1996, LB 900, § 176; Laws 1999, LB 272, § 39;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Cross References

Annotations

79-428. Repealed. Laws 1997, LB 347, § 59; Laws 1997, LB 806, § 69.

79-429. Repealed. Laws 1997, LB 347, § 59; Laws 1997, LB 806, § 69.

79-430. Repealed. Laws 1997, LB 347, § 59; Laws 1997, LB 806, § 69.

79-431. Affiliation; districts subject to dissolution; merger authorized; state committee; duties; districts which become Class I districts and dissolved districts; actions required.

(1) Any Class I school district which is part of a Class VI district or districts or any Class I district or portion thereof which is affiliated or affiliated in part and also part of a Class VI district or districts and which (a) becomes subject to dissolution pursuant to section 79-470, 79-498, or 79-598 or (b) otherwise dissolves, unless otherwise prescribed in the affiliation petition, shall be merged with another affiliated Class I district, be merged with a Class II, III, IV, or V district, or be merged with a Class I district which is part of a Class VI district or districts. Any such district or portion thereof which fails to comply with this subsection shall be dissolved and attached to an existing Class II, III, IV, or V district by the State Committee for the Reorganization of School Districts under section 79-498. Any such district or portion thereof which was affiliated shall retain its original affiliation, and any portion of such district which was part of a Class VI district shall remain part of such Class VI district. Any school district which fails to comply with the provisions of subsection (1) of section 79-402 shall be dissolved by the state committee and attached to an existing Class II, III, IV, or V district.

(2) A Class II, III, IV, or V district which becomes a Class I district pursuant to section 79-472 or any other state law shall merge with a Class II, III, IV, or V district, affiliate with one or more Class II, III, IV, or V districts, become part of one or more Class VI districts, or affiliate in part with one or more Class II, III, IV, or V districts and in part become part of one or more Class VI districts.

(3) If an affiliated Class II, III, IV, or V district dissolves, unless otherwise stated in the affiliation petition, any portions of a Class I district that are affiliated with such district may affiliate with another Class II, III, IV, or V district, merge with any Class I, II, III, IV, or V district, or become part of a Class VI district.

(4) If a Class VI district dissolves, any Class I district or portions thereof which are part of such district may affiliate with a Class II, III, IV, or V district, merge with any Class I, II, III, IV, or V district, or become part of another Class VI district.

Source:Laws 1990, LB 259, § 28; Laws 1991, LB 511, § 21; Laws 1992, LB 245, § 26; Laws 1992, LB 1001, § 12; R.S.1943, (1994), § 79-402.20; Laws 1996, LB 900, § 180; Laws 1997, LB 347, § 9; Laws 1997, LB 806, § 10; Laws 1999, LB 272, § 40;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Annotations

79-432. Act, how cited.

Sections 79-432 to 79-451 shall be known and may be cited as the Reorganization of School Districts Act.

Source:Laws 1949, c. 249, § 19, p. 679; R.R.S.1943, (1958), § 79-426.19; Laws 1963, c. 479, § 15, p. 1545; R.S.1943, (1994), § 79-426.22; Laws 1996, LB 900, § 181; Laws 1997, LB 806, § 11.


79-433. Terms, defined.

For purposes of the Reorganization of School Districts Act, unless the context otherwise requires:

(1) Reorganization of school districts means the formation of new school districts, the alteration of boundaries of established school districts that are not members of a learning community, the affiliation of school districts, and the dissolution or disorganization of established school districts through or by means of any one or combination of the methods set out in section 79-434; and

(2) State committee means the State Committee for the Reorganization of School Districts created by section 79-435.

Source:Laws 1949, c. 249, § 1, p. 673; Laws 1963, c. 479, § 1, p. 1536; Laws 1990, LB 259, § 12; R.S.1943, (1994), § 79-426.01; Laws 1996, LB 900, § 182; Laws 1999, LB 272, § 41;    Laws 2005, LB 126, § 24;    Laws 2006, LB 1024, § 27;    Referendum 2006, No. 422.


Annotations

79-434. Reorganization of school districts; methods.

Reorganization of school districts may be accomplished through or by means of any one or more of the following methods: (1) The creation of new districts; (2) the uniting of one or more established districts; (3) the subdivision of one or more established districts; (4) the transfer and attachment to an established district of a part of the territory of one or more districts; (5) the affiliation of a Class I district or portion thereof with one or more Class II, III, IV, or V districts; (6) the changing of boundaries of a Class VI district; and (7) the dissolution or disorganization of an established district for any of the reasons specified by law.

Source:Laws 1949, c. 249, § 2, p. 674; Laws 1990, LB 259, § 13; Laws 1991, LB 511, § 22; Laws 1992, LB 245, § 27; R.S.1943, (1994), § 79-426.02; Laws 1996, LB 900, § 183; Laws 2005, LB 126, § 25;    Referendum 2006, No. 422.


Annotations

79-435. State Committee for the Reorganization of School Districts; members; appointment; term; qualifications; expenses.

The State Committee for the Reorganization of School Districts is created. The state committee shall be composed of six members. The Commissioner of Education shall be a member of the committee ex officio and shall serve as a nonvoting member of the committee. Within thirty days after September 18, 1955, the State Board of Education, by a resolution adopted with the assent of a majority of its members, shall appoint the remaining five members of the state committee, one each for terms of one, two, three, four, and five years respectively. As the term of each member expires, a successor shall be appointed in the same manner for a term of five years. Three members of the state committee shall at all times be laypersons, and two members shall at all times be persons holding teachers' certificates issued by the authority of the State of Nebraska. Vacancies in the membership of the state committee shall be filled for the unexpired term by appointment in the same manner as the original appointment to membership. Members of the state committee shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties, as provided in sections 81-1174 to 81-1177 and paid from funds appropriated by the Legislature to the office of the State Board of Education. The State Board of Education shall adopt and promulgate rules and regulations for the state committee to carry out its duties as provided by law.

Source:Laws 1949, c. 249, § 3, p. 674; Laws 1955, c. 311, § 1, p. 956; Laws 1981, LB 204, § 154; R.S.1943, (1994), § 79-426.03; Laws 1996, LB 900, § 184; Laws 1999, LB 272, § 42;    Laws 2005, LB 126, § 26;    Referendum 2006, No. 422.


79-436. State committee; officers; meetings; quorum.

The state committee shall organize by electing a chairperson and vice-chairperson from its appointive members. The Commissioner of Education shall be secretary of the state committee. Meetings of the state committee shall be held upon the call of the chairperson or any three of the members thereof. A majority of the state committee shall constitute a quorum.

Source:Laws 1949, c. 249, § 4, p. 674; Laws 1955, c. 311, § 2, p. 957; R.S.1943, (1994), § 79-426.04; Laws 1996, LB 900, § 185.


79-437. Repealed. Laws 1999, LB 272, § 118.

79-438. Repealed. Laws 1999, LB 272, § 118.

79-438.01. Repealed. Laws 1999, LB 272, § 118.

79-439. State committee; duties.

The state committee shall recommend to school districts plans and procedures for the reorganization of school districts within the various counties and shall furnish advice and assistance in connection with such plans and procedures.

Source:Laws 1949, c. 249, § 7, p. 676; Laws 1955, c. 311, § 3, p. 957; R.S.1943, (1994), § 79-426.07; Laws 1996, LB 900, § 188; Laws 1999, LB 272, § 43.    


Annotations

79-440. Repealed. Laws 1999, LB 272, § 118.

79-441. State committee; plan of reorganization; review.

(1) In the review of a plan for the reorganization of school districts, the state committee shall give due consideration to (a) the educational needs of local communities, (b) economies in transportation and administration costs, (c) the future use of existing satisfactory school buildings, sites, and play fields, (d) the convenience and welfare of pupils, (e) a reduction in the disparities in per pupil valuation among school districts, (f) the equalization of the educational opportunity of pupils, and (g) any other matters which, in its judgment, are of importance. The school board proposing the plan of reorganization, in preparation or review of a plan for reorganization, shall take into consideration any advice or suggestions offered by the state committee.

(2) A plan for the reorganization of school districts shall be filed with the state committee. The plan shall, for purposes of submission to the state committee and at the special election provided for in subsection (1) of section 79-447, be the responsibility of the school district which has the largest number of pupils residing in the proposed district.

Source:Laws 1949, c. 249, § 9, p. 676; Laws 1951, c. 278, § 4, p. 939; Laws 1953, c. 296, § 1, p. 1001; Laws 1955, c. 310, § 1, p. 954; Laws 1955, c. 311, § 5, p. 959; Laws 1957, c. 342, § 2, p. 1183; Laws 1963, c. 479, § 4, p. 1538; R.S.1943, (1994), § 79-426.09; Laws 1996, LB 900, § 190; Laws 1997, LB 806, § 16; Laws 1999, LB 272, § 44.    


Annotations

79-442. State committee; plan of reorganization; public hearings; notice.

Before any plan of reorganization is completed or approved by the state committee, it shall hold one or more public hearings. At such hearings, it shall hear any and all persons interested with respect to (1) the merits of proposed reorganization plans, (2) the value and amount of all school property of whatever nature involved in the proposed action, (3) the amount of outstanding indebtedness of each district and proposed disposition thereof, and (4) the equitable adjustment of all property, debts, and liabilities among the districts involved. The state committee shall keep a record of all hearings in the formulation or approval of plans for the reorganization of school districts. Notice of such public hearings of the state committee shall be given by publication in a legal newspaper of general circulation in the county or counties in which the affected districts are located at least ten days prior to such hearing.

Source:Laws 1949, c. 249, § 10, p. 677; Laws 1963, c. 479, § 5, p. 1539; R.S.1943, (1994), § 79-426.10; Laws 1996, LB 900, § 191; Laws 1997, LB 806, § 17; Laws 1999, LB 272, § 45;    Laws 2001, LB 797, § 9.    


Annotations

79-443. State committee; plan of reorganization; contents.

After one or more public hearings have been held, the state committee may approve a plan or plans of reorganization. Such plan shall contain:

(1) A description of the proposed boundaries of the reorganized districts;

(2) A summary of the reasons for each proposed change, realignment, or adjustment of the boundaries. If such plan provides for the creation of a new Class VI district, it shall designate whether such district shall include high school grades only or be known as a Class VI junior-senior high school district as described in section 79-411;

(3) A summary of the terms on which reorganization is to be made between the reorganized districts. Such terms shall include a provision for initial school board districts or wards within the proposed district, which proposed initial school board districts or wards shall be determined by the state committee taking into consideration population and valuation, a determination of the number of members to be appointed to the initial school board for Class II and III school districts, and a determination of the terms of the board members first appointed to membership on the board of the newly reorganized district;

(4) A separate statement as to whether the reorganization is contingent upon the success of a bond election held in conjunction with the reorganization;

(5) A statement of the findings with respect to the location of schools, the utilization of existing buildings, the construction of new buildings, and the transportation requirements under the proposed plan of reorganization. The plan may contain provisions for the holding of school within existing buildings in the newly reorganized district and that a school constituted under this section shall be maintained from the date of reorganization unless the legal voters served by the school vote by a majority vote for discontinuance of the school;

(6) A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization; and

(7) Such other matters as the state committee determines proper to be included.

Source:Laws 1949, c. 249, § 11, p. 677; Laws 1963, c. 480, § 1, p. 1546; Laws 1963, c. 479, § 6, p. 1540; Laws 1985, LB 662, § 28; R.S.1943, (1994), § 79-426.11; Laws 1996, LB 900, § 192; Laws 1997, LB 806, § 18; Laws 1999, LB 272, § 46;    Laws 2005, LB 126, § 27;    Referendum 2006, No. 422; Laws 2014, LB946, § 36.    


Annotations

79-444. Plan of reorganization; territory included; state committee; procedure.

Territory included in a plan of reorganization adopted by the state committee shall remain a part of the plan until an election is held as provided in section 79-447. The state committee shall, within thirty days after holding the hearings provided for in section 79-442, notify the school districts whether or not it approves or disapproves such plan or plans.

Source:Laws 1949, c. 249, § 12, p. 677; Laws 1951, c. 278, § 5, p. 940; Laws 1959, c. 387, § 2, p. 1341; Laws 1963, c. 479, § 7, p. 1541; R.S.1943, (1994), § 79-426.12; Laws 1996, LB 900, § 193; Laws 1997, LB 806, § 19; Laws 1999, LB 272, § 47.    


Annotations

79-445. Plan of reorganization; state committee; disapproval; effect.

If the state committee disapproves the plan, it shall be considered a disapproved plan, shall be returned to the school districts as a disapproved plan, and shall not be submitted to a special election.

Source:Laws 1949, c. 249, § 14, p. 678; R.S.1943, (1994), § 79-426.14; Laws 1996, LB 900, § 194; Laws 1997, LB 806, § 20; Laws 1999, LB 272, § 48.    


Annotations

79-446. Plan of reorganization; approval; special election.

When a plan of reorganization or any part thereof has been approved by the state committee, it shall be designated as the final approved plan and shall be returned to the school districts to be submitted to a vote as provided in section 79-447.

Source:Laws 1949, c. 249, § 13, p. 678; Laws 1963, c. 479, § 8, p. 1542; R.S.1943, (1994), § 79-426.13; Laws 1996, LB 900, § 195; Laws 1997, LB 806, § 21; Laws 1999, LB 272, § 49.    


Annotations

79-447. Plan of reorganization; special election; notice; contents; conduct; separate voting units; approval of plan.

(1) Not less than thirty nor more than sixty days after the designation of a final approved plan under section 79-446, the proposition of the adoption or rejection of the proposed plan of reorganization shall be submitted at a special election to all the legal voters of districts within the county whose boundaries are in any manner changed by the plan of reorganization, including the boundaries of Class VI school districts if such plan includes a Class I school district which is entirely within a Class VI school district.

(2) Notice of the special election shall be given by the county clerk or election commissioner and shall be published in a legal newspaper of general circulation in the county at least ten days prior to the election. The election notice shall (a) state that the election has been called for the purpose of affording the legal voters an opportunity to approve or reject the plan of reorganization, (b) contain a description of the boundaries of the proposed district, and (c) contain a statement of the terms of the adjustment of property, debts, and liabilities applicable thereto.

(3) All ballots shall be prepared and the special election shall be held and conducted by the county clerk or election commissioner, and the expense of such election shall be paid by the county board or boards if more than one county is involved as provided in subsection (4) of this section. The county clerk or election commissioner shall use the duly appointed election board or appoint two judges and two clerks who shall be legal voters of the territory of the proposed school district. The election shall be held at a place or places within the proposed district determined by the county clerk or election commissioner to be convenient for the voters.

(4) If the proposed plan of reorganization involves a district under the jurisdiction of another county, the county clerk or election commissioner of the county which has the largest number of pupils residing in the proposed joint district shall give the notice required by subsection (2) of this section in a newspaper of general circulation in the territory of the proposed district and prepare the ballots and such election shall be held and conducted by the county clerk or election commissioner of each county involved in the proposed reorganization in accordance with the Election Act. Each county board shall bear a share of the total election expense in the same proportion that the number of legal voters residing in the proposed district in one county stands to the whole number of legal voters in the proposed district.

(5) In any election held as provided in this section, all districts of like class shall vote as a unit, except that Class I school districts within the boundaries of which are located an incorporated village or city shall constitute a separate voting unit and Class I school districts which do not have within their boundaries an incorporated village or city shall constitute a separate voting unit.

(6) Approval of the plan at the special election shall require a majority of all legal voters voting within each voting unit included in the proposed plan.

Source:Laws 1949, c. 249, § 15, p. 678; Laws 1951, c. 278, § 6, p. 941; Laws 1953, c. 297, § 1, p. 1003; Laws 1955, c. 311, § 6, p. 960; Laws 1957, c. 342, § 3, p. 1184; Laws 1963, c. 480, § 2, p. 1547; Laws 1963, c. 479, § 9, p. 1542; Laws 1972, LB 661, § 80; Laws 1994, LB 76, § 592; R.S.1943, (1994), § 79-426.15; Laws 1996, LB 900, § 196; Laws 1997, LB 345, § 13; Laws 1999, LB 272, § 50;    Laws 2005, LB 126, § 28;    Referendum 2006, No. 422.


Cross References

Annotations

79-448. Plan of reorganization; disapproval of plan; continuance of efforts; revised plan; approval.

If the majority vote in each voting unit at the election described in section 79-447 is not in favor of the plan of reorganization, the school districts may continue in their efforts in an attempt to prepare a revised plan which might be acceptable. If a revised plan is approved by the school districts, it shall be submitted for the approval of the state committee, and if approved by the state committee it shall be submitted to a vote under the procedure provided in section 79-447.

Source:Laws 1963, c. 479, § 10, p. 1544; R.S.1943, (1994), § 79-426.16; Laws 1996, LB 900, § 197; Laws 1999, LB 272, § 51.    


79-449. Plan of reorganization; two or more districts; indebtedness.

Whenever two or more school districts are involved in a reorganization plan, the old districts shall continue to be responsible for any indebtedness incurred before the reorganization takes place unless a different arrangement is included in the plan voted upon by the people. Bonded indebtedness incurred for high school facilities prior to the adoption of any affiliation plan shall remain the obligation of the high school district unless otherwise specified in the petitions.

Source:Laws 1949, c. 249, § 16, p. 679; Laws 1959, c. 387, § 3, p. 1341; R.S.Supp.,1961, § 79-426.16; Laws 1963, c. 479, § 11, p. 1544; Laws 1971, LB 292, § 6; Laws 1990, LB 259, § 15; R.S.1943, (1994), § 79-426.17; Laws 1996, LB 900, § 198; Laws 2005, LB 126, § 29;    Referendum 2006, No. 422.


79-450. Plan of reorganization; adoption; county clerk; duties.

If the plan of reorganization is adopted, the county clerk shall proceed to cause the changes, realignment, and adjustment of districts to be carried out as provided in the plan. The county clerk shall classify the school districts according to the law applicable to the size, location, and population of the reorganized district. He or she shall also file certificates with the county assessor, county treasurer, and state committee showing the boundaries of the various districts under the plan of reorganization adopted.

Source:Laws 1949, c. 249, § 17, p. 679; R.R.S.1943, § 79-426.17; Laws 1963, c. 479, § 12, p. 1544; R.S.1943, (1994), § 79-426.18; Laws 1996, LB 900, § 199; Laws 1999, LB 272, § 52.    


Annotations

79-451. New school district; state committee; appoint board; members; appointment; election; terms; duties.

Within thirty days after the classification of the reorganized school districts by the county clerk under section 79-450, the state committee shall appoint from among the legal voters of each new school district created the number of school board members specified in the plan of reorganization. A reorganized school district shall be formed and organized and shall have a school board not later than April 1 following the last legal action, as prescribed in section 79-450, necessary to effect the changes in boundaries as set forth in the plan of reorganization, although the physical reorganization of such reorganized school district may not take effect until June 1. The first board shall be appointed on an at-large basis, and all boards shall be elected at large until such time as school districts are established as provided in section 32-554.

In appointing the first school board of a Class II school district, the members shall be appointed so that the terms of approximately one-half of the members expire on the date of the first regular meeting of the board in January after the first even-numbered year following their appointment and the terms of the remaining members expire on the date of the first regular meeting of the board in January after the second even-numbered year following their appointment. At the statewide general election in the first even-numbered year after the reorganization, approximately one-half of the board members in each Class II school district shall be elected to terms of four years, and thereafter all candidates shall be elected to terms of four years. Each member's term shall begin on the date of the first regular meeting of the board in January following his or her election.

In appointing the first school board of a Class III school district, the terms of approximately one-half of the members shall expire on the first Thursday after the first Tuesday in January after the first even-numbered year following their appointment and the terms of the remaining members shall expire on the first Thursday after the first Tuesday in January after the second even-numbered year following their appointment.

The school board so appointed shall proceed at once to organize in the manner prescribed by law.

Source:Laws 1949, c. 249, § 18, p. 679; Laws 1955, c. 311, § 7, p. 962; R.R.S.1943, (1958),§ 79-426.18; Laws 1963, c. 479, § 13, p. 1545; Laws 1973, LB 557, § 6; Laws 1974, LB 592, § 1; Laws 1988, LB 520, § 2; Laws 1991, LB 789, § 10; Laws 1991, LB 511, § 23; Laws 1992, LB 245, § 28; Laws 1994, LB 76, § 593; R.S.1943, (1994), § 79-426.19; Laws 1996, LB 900, § 200; Laws 1996, LB 967, § 3; Laws 1997, LB 345, § 14; Laws 1999, LB 272, § 53;    Laws 2014, LB946, § 37.    


79-452. Dissolution of Class I or II school district; petition; sufficient signatures; effect; plan of reorganization.

A proposal to dissolve a Class I or II school district, except a Class I school district which is partly or wholly within a Class VI school district, and attach it to one or more existing Class II, III, or IV school districts that are not members of a learning community may be initiated by filing with the State Committee for the Reorganization of School Districts a petition or petitions signed by at least twenty-five percent of the legal voters of the district, together with an affidavit from the county clerk or election commissioner listing all legal voters of the district and a determination by the county clerk or election commissioner that the signatures are sufficient. The petition shall contain a plan of the proposed reorganization, an effective date, and a statement whether any existing bonded indebtedness shall remain on the property of the district which incurred it or be assumed by the enlarged district. The petition may also contain provisions for the holding of school within existing buildings in the proposed reorganized district, and when so provided, the holding of school within such buildings shall be maintained from the date of reorganization unless either the legal voters served by the school or the school board of the reorganized district votes by a majority vote for discontinuance of the school. In case of conflicting votes between the legal voters and the school board on such issue, the decision of the legal voters shall prevail. A signing petitioner shall not be permitted to withdraw his or her name from the petition after the petition has been filed. The school board of each Class II, III, or IV district to which the merger is proposed shall also submit to the state committee a statement to the effect that a majority of the board members approve the proposal contained in the petition.

Source:Laws 1965, c. 510, § 1, p. 1629; Laws 1967, c. 530, § 1, p. 1761; Laws 1967, c. 531, § 1, p. 1764; Laws 1985, LB 662, § 29; R.S.1943, (1994), § 79-426.23; Laws 1996, LB 900, § 201; Laws 1999, LB 272, § 54;    Laws 2005, LB 126, § 30;    Laws 2006, LB 1024, § 42;    Referendum 2006, No. 422.


Annotations

79-453. State committee; review proposal; approve or disapprove; effect.

The State Committee for the Reorganization of School Districts shall, within forty days after receipt of the proposal as provided in section 79-452, review and approve or disapprove the proposal and return to the school districts a statement of its decision. If the state committee disapproves the proposal, no further action shall be taken in regard to it and it shall not be resubmitted in substance for a period of six months from the date it was filed with the state committee.

Source:Laws 1965, c. 510, § 2, p. 1630; R.S.1943, (1994), § 79-426.24; Laws 1996, LB 900, § 202; Laws 1999, LB 272, § 55.    


79-454. Proposal; state committee; approve; election; notice.

If the proposal provided for in section 79-452 has been approved by the State Committee for the Reorganization of School Districts, the state committee shall notify the school board of the Class I or II district. The school board shall, within fifteen days after the notification, set a date for a special election for the purpose of submitting the proposal to the legal voters of the district. At least twenty days' notice of such election shall be given by publication twice in a newspaper of general circulation in the district, the latest publication to be not more than one week before the election. If there is no such newspaper, notice shall be given by posting it on the door of the schoolhouse and at least four other public places throughout the district. The proposal shall not be submitted to a special election more than once in any calendar year. Legal voters may cast their ballots, written or printed, between the hours of 12 noon and 8 p.m. on the date of such election. The county clerk or election commissioner of the county which has the largest number of pupils residing in the district shall conduct such special election in accordance with the Election Act and shall record the names and residence of persons voting at the special election. The ballots shall be canvassed as provided in section 79-447.

Source:Laws 1965, c. 510, § 3, p. 1630; Laws 1967, c. 530, § 2, p. 1762; Laws 1972, LB 661, § 81; Laws 1985, LB 662, § 30; Laws 1994, LB 76, § 594; R.S.1943, (1994), § 79-426.25; Laws 1996, LB 900, § 203; Laws 1999, LB 272, § 56;    Laws 2005, LB 126, § 31;    Referendum 2006, No. 422.


Cross References

Annotations

79-455. Proposal; election; approve; county clerk; order; certificate; filing; appeal.

If the proposal provided for in section 79-452 is approved by a majority of the legal voters of the school district voting on the matter, the secretary of the school board shall within five days certify the approval to the county clerk. The county clerk shall immediately notify the secretary of each Class II, III, IV, or V district affected of the action taken by the Class I or II district, and such secretary shall within ten days certify to the county clerk that the school board of the Class II, III, IV, or V district has, by a majority vote, officially approved the proposal as provided in section 79-452. The county clerk shall issue an order effecting the changes in school district boundaries in accordance with the proposal provided in section 79-452. He or she shall also file certificates with the county assessor, county treasurer, and State Committee for the Reorganization of School Districts showing the changes. An appeal may be taken from such order within twenty days after the rendition of the order in the same manner as appeals are taken from the action of the county board in allowing or disallowing claims against the county. Such appeal shall be filed in the district court for the county whose county clerk has jurisdiction of the Class I or II district. When more than one county clerk has jurisdiction of the Class I or II district, the appeal may be filed in the district court for either of the counties.

Source:Laws 1965, c. 510, § 4, p. 1631; Laws 1967, c. 530, § 3, p. 1763; Laws 1985, LB 662, § 31; R.S.1943, (1994), § 79-426.26; Laws 1996, LB 900, § 204; Laws 1999, LB 272, § 57;    Laws 2005, LB 126, § 32;    Referendum 2006, No. 422.


Cross References

79-456. Repealed. Laws 1997, LB 347, § 59.

79-457. Repealed. Laws 1997, LB 347, § 59.

79-458. School district; tract of land set off from district; petition; conditions; procedure; appeal.

(1) Any freeholder or freeholders, person in possession or constructive possession as vendee pursuant to a contract of sale of the fee, holder of a school land lease under section 72-232, or entrant upon government land who has not yet received a patent therefor may file a petition on or before June 1 for all other years with a board consisting of the county assessor, county clerk, and county treasurer, asking to have any tract or tracts of land described in the petition set off from an existing school district in which the land is situated and attached to a different school district which is contiguous to such tract or tracts of land if:

(a)(i) The school district in which the land is situated is a Class II or III school district which has had an average daily membership in grades nine through twelve of less than sixty for the two consecutive school fiscal years immediately preceding the filing of the petition;

(ii) Such Class II or III school district has voted pursuant to section 77-3444 to exceed the maximum levy established pursuant to subdivision (2)(a) of section 77-3442, which vote is effective for the school fiscal year in which the petition is filed or for the following school fiscal year;

(iii) The high school in such Class II or III school district is within fifteen miles on a maintained public highway or maintained public road of another public high school; and

(iv) Neither school district is a member of a learning community; or

(b) Except as provided in subsection (7) of this section, the school district in which the land is situated, regardless of the class of school district, has approved a budget for the school fiscal year in which the petition is filed that will cause the combined levies for such school fiscal year, except levies for bonded indebtedness approved by the voters of such school district and levies for the refinancing of such bonded indebtedness, to exceed the greater of (i) one dollar and twenty cents per one hundred dollars of taxable valuation of property subject to the levy or (ii) the maximum levy authorized by a vote pursuant to section 77-3444.

For purposes of determining whether a tract of land is contiguous, all petitions currently being considered by the board shall be considered together as a whole.

(2) The petition shall state the reasons for the proposed change and shall show with reference to the land of each petitioner: (a) That (i) the land described in the petition is either owned by the petitioner or petitioners or that he, she, or they hold a school land lease under section 72-232, are in possession or constructive possession as vendee under a contract of sale of the fee simple interest, or have made an entry on government land but have not yet received a patent therefor and (ii) such tract of land includes all such contiguous land owned or controlled by each petitioner; (b) that the conditions of subdivision (1)(a) or (1)(b) of this section have been met; and (c) that such petition is approved by a majority of the members of the school board of the district to which such land is sought to be attached.

(3) The petition shall be verified by the oath of each petitioner. Notice of the filing of the petition and of the hearing on such petition before the board constituted as prescribed in subsection (1) or (4) of this section shall be given at least ten days prior to the date of such hearing by one publication in a legal newspaper of general circulation in each district and by posting a notice on the outer door of the schoolhouse in each district affected thereby, and such notice shall designate the territory to be transferred. Following the filing of a petition pursuant to this section, such board shall hold a public hearing on the petition and shall approve or disapprove the petition on or before July 15 following the filing of the petition based on a determination of whether the petitioner has complied with all requirements of this section. If such board approves the petition, such board shall change the boundaries of the school districts so as to set off the land described in the petition and attach it to such district pursuant to the petition with an effective date of August 15 following the filing of the petition, which actions shall cause such transfer to be in effect for levies set for the year in which such transfer takes effect.

(4) Petitions requesting transfers of property across county lines shall be addressed jointly to the county clerks of the counties concerned, and the petitions shall be acted upon by the county assessors, county clerks, and county treasurers of the counties involved as one board, with the county clerk of the county from which the land is sought to be transferred acting as chairperson of the board.

(5) Appeals may be taken from the action of such board or, when such board fails to act on the petition, on or before August 1 following the filing of the petition, to the district court of the county in which the land is located on or before August 10 following the filing of the petition, in the same manner as appeals are now taken from the action of the county board in the allowance or disallowance of claims against the county. If an appeal is taken from the action of the board approving the petition or failing to act on the petition, the transfer shall occur effective August 15 following the filing of the petition, which actions shall cause such transfer to be in effect for levies set for the year in which such transfer takes effect, unless action by the district court prevents such transfer.

(6) This section does not apply to any school district located on an Indian reservation and substantially or totally financed by the federal government.

(7) For school districts that have approved a budget for school fiscal year 2007-08 that will cause the combined levies, except levies for bonded indebtedness approved by the voters of the school district and levies for the refinancing of such bonded indebtedness, to exceed the greater of (a) one dollar and twenty cents per one hundred dollars of taxable valuation of property subject to the levy or (b) the maximum levy authorized by a vote pursuant to section 77-3444, the school boards of such school districts may adopt a binding resolution stating that the combined levies, except levies for bonded indebtedness approved by the voters of the school district and levies for the refinancing of such bonded indebtedness, for school fiscal year 2008-09 shall not exceed the greater of (i) one dollar and twenty cents per one hundred dollars of taxable valuation of property subject to the levy or (ii) the maximum levy authorized by a vote pursuant to section 77-3444. On or before May 9, 2008, such binding resolutions shall be filed with the Auditor of Public Accounts and the county assessors, county clerks, and county treasurers for all counties in which the school district has territory. If such binding resolution is filed on or before May 9, 2008, land shall not be set off and attached to another district pursuant to subdivision (2)(b) of this section in 2008.

(8) Nothing in this section shall be construed to detach obligations for voter-approved bonds from any tract of land.

Source:Laws 1996, LB 900, § 207; Laws 1997, LB 710, § 3; Laws 1997, LB 806, § 22; Laws 1998, Spec. Sess., LB 1, § 11; Laws 1999, LB 272, § 58;    Laws 2001, LB 797, § 10;    Laws 2006, LB 1024, § 43;    Laws 2007, LB219, § 1;    Laws 2008, LB988, § 4.    


Cross References

Annotations

79-458.01. Property encapsulated by school district; transfer; procedure.

Any landowner or group of landowners whose property is a part of a school district and is encapsulated by another school district may, upon filing a notarized affidavit with the county assessor, have such property become a part of the school district by which it is encapsulated if neither school district is a member of a learning community. The transfer shall take place on January 1 next following the filing of the affidavit. Any student resident of such property shall be counted as a resident of the district from which the property was transferred until the close of the school year in which the transfer becomes effective.

For purposes of this section, encapsulated by means entirely within.

Source:Laws 1997, LB 806, § 26; Laws 2006, LB 1024, § 44.    


79-459. Repealed. Laws 1997, LB 347, § 59.

79-460. Repealed. Laws 1999, LB 272, § 118.

79-461. Repealed. Laws 1999, LB 272, § 118.

79-462. Repealed. Laws 1999, LB 272, § 118.

79-463. Repealed. Laws 1999, LB 272, § 118.

79-464. Repealed. Laws 1999, LB 272, § 118.

79-465. Repealed. Laws 1999, LB 272, § 118.

79-466. Repealed. Laws 1999, LB 272, § 118.

79-467. District; reduced taxable valuation by purchase or appropriation by federal government; exclusion of such land; formation of new district.

Whenever (1) a school district that is not a member of a learning community suffers a reduction in the taxable valuation of the real property within the district by reason of the purchase or appropriation by the United States or any instrumentality of the United States of land in the district for any defense, flood control, irrigation, or war project, (2) the number of children who are five through twenty years of age residing in the district increases by reason of the use by the United States of the land so purchased or appropriated for such purposes, and (3) such increase in the number of pupils who will be eligible to attend school in the district does or will require a levy of taxes for general school purposes in excess of the average levy for general school purposes of school districts of the same class in the county, the State Committee for the Reorganization of School Districts shall change the boundaries of the existing district to exclude all land purchased and appropriated by the United States and all land which by reason of its use or ownership is exempt from state taxation under the United States Constitution and the statutes of the United States. When the United States, by the appropriate officer, does not accept or has not accepted exclusive jurisdiction over land so excluded, the state committee shall form a new school district embracing land thus excluded.

Source:Laws 1951, c. 277, § 1(4), p. 936; Laws 1979, LB 187, § 222; Laws 1990, LB 1090, § 4; Laws 1992, LB 719A, § 179; R.S.1943, (1994), § 79-408.03; Laws 1996, LB 900, § 216; Laws 1999, LB 272, § 59;    Laws 2006, LB 1024, § 45.    


79-468. City of second class or village; merger with city of primary class; existing school districts; merger; obligations; how discharged.

(1) Whenever a city of the second class, a village, or a ward of a city of the second class or village is consolidated according to law with a city of the primary class, the territory so consolidated shall become annexed to and merged into the school district of such city of the primary class if such territory is in a school district that is not a member of a learning community and the school district of such city of the primary class is not a member of a learning community. All laws, rules, and regulations governing the school district and schools of such city of the primary class shall apply to the district and schools within the territory annexed to it. The school district into which the others in whole or in part are merged shall succeed to all the property, contracts, and obligations of each and all of the school districts so merged into it, in whole or in part, and shall assume all of their valid contracts and obligations.

(2) If one or more wards, but less than all wards, of a city of the second class or of a village become consolidated with such city of the primary class, the school district into which such territory is merged shall assume such portion of all valid contracts and obligations of the school district of which such territory before the consolidation was a part as the taxable valuation of all the property of the territory thus merged with the school district of such city of the primary class bears to the total taxable valuation of all the property within the school district from which such territory has been detached.

Source:Laws 1917, c. 225, § 25, p. 556; C.S.1922, § 6634; C.S.1929, § 79-2625; R.S.1943, § 79-2628; Laws 1949, c. 256, § 220, p. 762; Laws 1979, LB 187, § 235; Laws 1992, LB 719A, § 188; R.S.1943, (1994), § 79-533; Laws 1996, LB 900, § 217; Laws 2006, LB 1024, § 46.    


79-469. City of second class or village; merger with city of primary class; officers of merged school district; duties.

Upon a consolidation taking effect as provided in section 79-468, the office and tenure of all members of boards of education and other school district officers of the district which is annexed to and merged into the school district of the city of the primary class shall cease. All the officers of any city or village school district thus annexed having any of the funds, records, books, papers, or property of any kind in their hands or under their control shall immediately deliver the same to such officers of the district to which their district is annexed as are entitled to receive them.

Source:Laws 1917, c. 225, § 26, p. 557; C.S.1922, § 6635; C.S.1929, § 79-2626; R.S.1943, § 79-2629; Laws 1949, c. 256, § 221, p. 763; R.S.1943, (1994), § 79-534; Laws 1996, LB 900, § 218; Laws 2006, LB 1024, § 47.    


79-470. Contract for instruction; merger; effect; limitation; dissolution.

(1) No Class I school district which contracts for the instruction of all of its pupils with a Class I, II, III, IV, or V school district shall merge with another Class I school district unless such other Class I school district with which it is merging is included in the area which makes up a Class VI school district.

(2) No district shall contract for the instruction of all of its pupils with a Class II, III, IV, or V school district for more than two consecutive years.

(3) The State Committee for the Reorganization of School Districts shall dissolve and attach to a neighboring school district or districts any school district which, for two consecutive years, contracts for the instruction of all of its pupils with a Class II, III, IV, or V school district.

(4) The dissolution of any school district pursuant to this section shall be effected in the manner prescribed in section 79-498. When such dissolution would create extreme hardships on the pupils or the school district affected, the State Board of Education may, on application by the school board of the school district, waive the dissolution of the school district on an annual basis.

(5) Nothing in this section shall be construed as an extension of the limitations on contracting for the instruction of the pupils of a school district contained in section 79-598.

Source:Laws 1969, c. 703, § 3, p. 2702; Laws 1973, LB 148, § 2; Laws 1987, LB 106, § 1; R.S.1943, (1994), § 79-603; Laws 1996, LB 900, § 219; Laws 1999, LB 272, § 60;    Laws 2005, LB 126, § 33;    Referendum 2006, No. 422.


Annotations

79-471. Dissolving district; expenses incurred by school district; charge against district and taxable property therein.

Any expenses incurred by a school district in opposing an order dissolving it under section 79-470 or 79-598 shall be a charge only against such district and the taxable property therein.

Source:Laws 1973, LB 148, § 3; R.S.1943, (1994), § 79-604; Laws 1996, LB 900, § 220.


79-472. Class II school district; discontinue high school; affiliation; vote; Class I school district; board; election.

(1)(a) If a Class II school district, by a vote of fifty-five percent of the legal voters voting at a special meeting, decides to discontinue and close the high school, the school district shall become an affiliated Class I school district on the date designated by such legal voters. Affiliation shall be accomplished pursuant to sections 79-413 to 79-427. At such meeting a decision shall be made as to when the new school board shall be elected and whether the board shall consist of three members or six members. No new Class I school district shall establish a six-member board unless the school district contains a minimum of one hundred fifty children who are five through twenty years of age. The school board of the existing Class II school district shall remain in office until the effective date for the formation of the new Class I school district.

(b) If the new school board is to consist of three members, such members shall be elected at the time of the vote to change from a Class II school district to a Class I school district or at a special meeting held not less than thirty days prior to the effective date of the change from a Class II school district to a Class I school district. At the special meeting, a treasurer shall be elected for a term of one year, a secretary for a term of two years, and a president for a term of three years, and their successors shall be elected for terms of three years each. All officers so elected shall hold their offices until successors are elected and qualified. After such change becomes effective, the school district and its officers shall have the powers of and be governed by the provisions of law applicable to Class I school districts.

(c) If the new school board is to consist of six members, such members shall be elected after the vote to change from a Class II school district to a Class I school district. The procedure for electing board members shall be as prescribed in section 32-541 or as prescribed in subsection (3) of section 79-565, except that such election may be held at any annual school meeting or at a special school meeting called for the purpose of electing school district officers.

(2) No school district may change from Class I to Class II unless that school district has an enrollment of not less than one hundred pupils in grades nine through twelve. This subsection shall not apply to any school district located on an Indian reservation and substantially or totally financed by the federal government.

Source:Laws 1881, c. 78, subdivision VI, § 1, p. 355; Laws 1885, c. 79, § 1, p. 325; Laws 1889, c. 78, § 16, p. 550; R.S.1913, § 6798; Laws 1917, c. 120, § 1, p. 295; Laws 1921, c. 79, § 1, p. 287; C.S.1922, § 6339; C.S.1929, § 79-601; R.S.1943, § 79-601; Laws 1945, c. 204, § 1, p. 615; Laws 1949, c. 256, § 230, p. 766; Laws 1953, c. 302, § 1, p. 1014; Laws 1959, c. 403, § 1, p. 1364; Laws 1969, c. 257, § 41, p. 953; Laws 1972, LB 661, § 84; Laws 1977, LB 430, § 2; Laws 1978, LB 872, § 1; Laws 1984, LB 942, § 2; Laws 1985, LB 662, § 34; Laws 1989, LB 183, § 20; Laws 1990, LB 1037, § 1; Laws 1990, LB 1090, § 15; Laws 1991, LB 511, § 54; Laws 1992, LB 245, § 60; Laws 1994, LB 76, § 599; Laws 1996, LB 604, § 7; R.S.1943, (1994), § 79-701; Laws 1996, LB 900, § 221; Laws 1997, LB 345, § 15; Laws 1999, LB 813, § 7;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Cross References

Annotations

79-473. Class III school district; annexed school district territory; negotiation; election; question on ballot.

(1) If the territory annexed by a change of boundaries of a city or village which lies within a Class III school district as provided in section 79-407 has been part of a Class IV or Class V school district prior to such annexation, a merger of the annexed territory with the Class III school district shall become effective only if the merger is approved by a majority of the members of the school board of the Class IV or V school district and a majority of the members of the school board of the Class III school district within ninety days after the effective date of the annexation ordinance, except that a merger shall not become effective pursuant to this section if such merger involves a school district that is a member of a learning community.

(2) Notwithstanding subsection (1) of this section, when territory which lies within a Class III school district, Class VI school district, or Class I school district which is attached to a Class VI school district or which does not lie within a Class IV or V school district is annexed by a city or village pursuant to section 79-407, the affected school board of the city or village school district and the affected school board or boards serving the territory subject to the annexation ordinance shall meet within thirty days after the effective date of the annexation ordinance if neither school district is a member of a learning community and negotiate in good faith as to which school district shall serve the annexed territory and the effective date of any transfer. During the process of negotiation, the affected boards shall consider the following criteria:

(a) The educational needs of the students in the affected school districts;

(b) The economic impact upon the affected school districts;

(c) Any common interests between the annexed or platted area and the affected school districts and the community which has zoning jurisdiction over the area; and

(d) Community educational planning.

If no agreement has been reached within ninety days after the effective date of the annexation ordinance, the territory shall transfer to the school district of the annexing city or village ten days after the expiration of such ninety-day period unless an affected school district petitions the district court within the ten-day period and obtains an order enjoining the transfer and requiring the boards of the affected school districts to continue negotiation. The court shall issue the order upon a finding that the affected board or boards have not negotiated in good faith based on one or more of the criteria listed in this subsection. The district court shall require no bond or other surety as a condition for any preliminary injunctive relief. If no agreement is reached after such order by the district court and additional negotiations, the annexed territory shall become a part of the school district of the annexing city or village.

(3) If, within the boundaries of the annexed territory, there exists a Class VI school, the school building, facilities, and land owned by the school district shall remain a part of the Class VI school district. If the Class VI school district from which territory is being annexed wishes to dispose of such school building, facilities, or land to any individual or political subdivision, including a Class I school district, the question of such disposition shall be placed on the ballot for the next primary or general election. All legal voters of such Class VI school district shall then vote on the question at such election. A simple majority of the votes cast shall resolve the issue.

(4) Whenever an application for approval of a final plat or replat is filed for territory which lies within the zoning jurisdiction of a city of the first or second class and does not lie within the boundaries of a Class IV or V school district, the boundaries of a school district that is a member of a learning community, the boundaries of any county in which a city of the metropolitan class is located, or the boundaries of any county that has a contiguous border with a city of the metropolitan class, the affected school board of the school district within the city of the first or second class or its representative and the affected board or boards serving the territory subject to the final plat or replat or their representative shall meet within thirty days after such application and negotiate in good faith as to which school district shall serve the platted or replatted territory and the effective date of any transfer based upon the criteria prescribed in subsection (2) of this section.

If no agreement has been reached prior to the approval of the final plat or replat, the territory shall transfer to the school district of the city of the first or second class upon the filing of the final plat unless an affected school district petitions the district court within ten days after approval of the final plat or replat and obtains an order enjoining the transfer and requiring the affected boards to continue negotiation. The court shall issue the order upon a finding that the affected board or boards have not negotiated in good faith based on one or more of the criteria listed in subsection (2) of this section. The district court shall require no bond or other surety as a condition for any preliminary injunctive relief. If no agreement is reached after such order by the district court and additional negotiations, the platted or replatted territory shall become a part of the school district of the city of the first or second class.

For purposes of this subsection, plat and replat apply only to (a) vacant land, (b) land under cultivation, or (c) any plat or replat of land involving a substantive change in the size or configuration of any lot or lots.

(5) Notwithstanding any other provisions of this section, all negotiated agreements relative to boundaries or to real or personal property of school districts reached by the affected school boards shall be valid and binding, except that such agreements shall not be binding on reorganization plans pursuant to the Learning Community Reorganization Act.

Source:Laws 1996, LB 900, § 222; Laws 1997, LB 345, § 16; Laws 2005, LB 126, § 34;    Laws 2006, LB 1024, § 48;    Referendum 2006, No. 422.


Cross References

Annotations

79-474. School district merged into Class III school district; bonded indebtedness; liability.

Whenever an existing school district or a part thereof is merged into a Class III school district under the provisions of section 79-407 or 79-473, the property included in such school district or part thereof which is merged into the Class III school district shall continue to be liable for any bonded indebtedness incurred by the school district of which it was a part prior to such merger and the property included in such school district or part thereof which is merged into the Class III school district shall not be liable for any bonded indebtedness incurred by the Class III school district prior to such merger.

Source:Laws 1965, c. 509, § 1, p. 1628; R.S.1943, (1994), § 79-801.01; Laws 1996, LB 900, § 223.


79-475. School district merged into Class III or IV school district; effective; when.

Whenever an existing school district, or a part thereof, is merged into a Class III or IV school district under the provisions of section 79-407, 79-408, or 79-473, such merger shall be effective on July 1 immediately following the effective date of the change of city or village boundaries which caused the merger pursuant to section 79-407, 79-408, or 79-473.

Source:Laws 1965, c. 509, § 2, p. 1628; Laws 1994, LB 1310, § 9; R.S.1943, (1994), § 79-801.02; Laws 1996, LB 900, § 224; Laws 2005, LB 198, § 2.    


Annotations

79-476. Class V school district; property subject to school tax; management of affairs of district.

All property within the corporate limits of cities of the metropolitan class, except such property as now is or may hereafter be exempt by law, shall be subject to taxation for all school purposes. The affairs of the school district created by Chapter 79 shall be conducted exclusively by the board of education except as otherwise provided by Chapter 79.

Source:Laws 1891, c. 45, § 3, p. 318; R.S.1913, § 7009; C.S.1922, § 6640; C.S.1929, § 79-2703; R.S.1943, § 79-2703; Laws 1949, c. 256, § 250, p. 775; Laws 1951, c. 276, § 11, p. 933; Laws 1959, c. 406, § 1, p. 1368; R.S.1943, (1994), § 79-1002; Laws 1996, LB 900, § 225; Laws 2006, LB 1024, § 49.    


Annotations

79-477. Class VI school district; discontinuance of district; vote required; notice.

A Class VI school district may be discontinued at any annual or special meeting of the district by a vote of fifty-five percent of the legal voters voting at such meeting if notice of such contemplated action is duly given in the notice or call for the meeting.

Source:Laws 1949, c. 256, § 300, p. 792; R.S.1943, (1994), § 79-1106; Laws 1996, LB 900, § 226; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-478. Class VI school district; disapproval by State Board of Education; Class I school district; withdrawal; vote required.

If the high school in a Class VI school district is disapproved by the State Board of Education and the legal voters fail to vote to discontinue the high school in that district, the legal voters of any Class I district in the Class VI school district may vote at an annual or special meeting to withdraw from the Class VI school district and if fifty-five percent of the legal voters of such Class I district vote to withdraw from the Class VI school district, the State Committee for the Reorganization of School Districts shall order the Class I district withdrawn from the Class VI school district.

Source:Laws 1961, c. 404, § 1, p. 1221; Laws 1985, LB 662, § 35; R.S.1943, (1994), § 79-1107; Laws 1996, LB 900, § 227; Laws 1999, LB 272, § 61;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Annotations

79-479. Change of boundaries; order; conditions; transfer of assets and liabilities.

(1)(a) Beginning January 1, 1992, any school district boundaries changed by the means provided by Nebraska law, but excluding the method provided by sections 79-407 and 79-473 to 79-475, shall be made only upon an order issued by the State Committee for the Reorganization of School Districts or county clerk. The state committee shall not issue an order changing boundaries relating to affiliation of school districts if twenty percent or more of any tract of land under common ownership which is proposing to affiliate is not contiguous to the high school district with which affiliation is proposed unless (i) one or more resident students of the tract of land under common ownership has attended the high school program of the high school district within the immediately preceding ten-year period or (ii) approval of the petition or plan would allow siblings of such resident students to attend the same school as the resident students attended.

(b) The order issued by the state committee shall be certified to the county clerk of each county in which boundaries are changed and shall also be certified to the State Department of Education. Whenever the order changes the boundaries of a school district due to the transfer of land, the county assessor, the Property Tax Administrator, and the State Department of Education shall be provided with the legal description and a map of the parcel of land which is transferred. Such order shall be issued no later than June 1 and shall have an effective date no later than August 1 of the same year. For purposes of determining school district counts pursuant to sections 79-524 and 79-578 and calculating state aid allocations pursuant to the Tax Equity and Educational Opportunities Support Act, any change in school district boundaries with an effective date between June 1 and August 1 of any year shall be considered effective July 1 of such year.

(2) Unless otherwise provided by state law or by the terms of an affiliation or reorganization plan or petition which is consistent with state law, all assets, including budget authority as provided in sections 79-1023 to 79-1030, and liabilities, except bonded obligations, of school districts merged, dissolved, or annexed shall be transferred to the receiving district or districts on the basis of the proportionate share of assessed valuation received at the time of reorganization. When a Class II, III, IV, or V school district becomes a Class I school district:

(a) Which becomes part of a Class VI district which offers instruction in grades six through twelve, 37.9310 percent of the Class II, III, IV, or V district's assets and liabilities shall be transferred to the new Class I district and the remainder shall be transferred to the Class VI district or districts of which the Class I district becomes a part on the basis of the proportionate share of assessed valuation each high school district received at the time of such change in class of district;

(b) Which becomes part of a Class VI district which offers instruction in grades seven through twelve, 44.8276 percent of the Class II, III, IV, or V district's assets and liabilities shall be transferred to the new Class I district and the remainder shall be transferred to the Class VI district or districts of which the Class I district becomes a part on the basis of the proportionate share of assessed valuation each high school district received at the time of such change in class of district; or

(c) Which is affiliated or becomes part of a Class VI district which offers instruction in grades nine through twelve, 61.3793 percent of the Class II, III, IV, or V school district's assets and liabilities shall be transferred to the new Class I district and the remainder shall be transferred to the Class VI district or districts of which the Class I district becomes a part and to the high school district or districts with which the Class I district is affiliated on the basis of the proportionate share of assessed valuation each high school district received at the time of such change in class of district.

Source:Laws 1996, LB 604, § 3; Laws 1996, LB 900, § 228; Laws 1997, LB 347, § 13; Laws 1997, LB 806, § 23; Laws 1999, LB 272, § 62;    Laws 1999, LB 813, § 8;    Laws 2003, LB 394, § 5;    Laws 2005, LB 126, § 35;    Laws 2006, LB 1024, § 50;    Referendum 2006, No. 422.


Cross References

79-480. Districts; changes in boundaries; filing of petition; evidence.

The county clerk shall file in his or her office all petitions that have been granted for change of boundaries or for the formation of new districts. Such petitions so filed and granted shall be prima facie evidence of the boundaries of districts. All conflicting records of boundaries shall be made to correspond with the petitions so filed and granted.

Source:Laws 1885, c. 79, § 1, p. 319; Laws 1889, c. 78, § 1, p. 539; Laws 1895, c. 58, § 1, p. 221; Laws 1901, c. 59, § 1, p. 429; Laws 1909, c. 117, § 1, p. 451; R.S.1913, § 6703; C.S.1922, § 6241; Laws 1923, c. 63, § 1, p. 190; Laws 1925, c. 177, § 1, p. 461; C.S.1929, § 79-104; Laws 1931, c. 145, § 1, p. 396; C.S.Supp.,1941, § 79-104; Laws 1943, c. 197, § 1(8), p. 664; R.S.1943, § 79-117; Laws 1949, c. 256, § 48, p. 709; R.S.1943, (1994), § 79-409; Laws 1996, LB 900, § 229; Laws 1999, LB 272, § 63.    


79-481. Repealed. Laws 1999, LB 272, § 118.

79-482. Repealed. Laws 1999, LB 272, § 118.

79-483. Repealed. Laws 1999, LB 272, § 118.

79-484. Repealed. Laws 1999, LB 272, § 118.

79-485. New districts; formation from dissolved district possessing property; property and indebtedness; how apportioned.

When a new district is formed in whole or in part from one or more districts possessing a schoolhouse or other property of a dissolved district, the State Committee for the Reorganization of School Districts, at the time of forming such new district or as soon thereafter as possible, shall determine the amount justly due to such new district from any dissolved district or districts out of which the new district was in whole or in part formed. The amount shall be determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts with the whole value thereof at the time of such division. The fact that the schoolhouse or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof. Such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed, unless in case of indebtedness not bonded, it shall be adjusted as provided in section 79-489. When a new district embraces all of one or more former districts, the new district shall succeed to all the properties and other assets and be responsible for all unbonded indebtedness of such former dissolved district or districts.

Source:Laws 1881, c. 78, subdivision I, § 9, p. 334; R.S.1913, § 6708; C.S.1922, § 6246; C.S.1929, § 79-109; R.S.1943, § 79-122; Laws 1949, c. 256, § 53, p. 710; Laws 1963, c. 477, § 1, p. 1533; R.S.1943, (1994), § 79-414; Laws 1996, LB 900, § 234; Laws 1999, LB 272, § 64.    


Annotations

79-486. New districts; proceeds of sale and funds of old district; how apportioned.

All money on hand and arising from the sale of schoolhouse and site and all other funds of the divided districts described in section 79-485 shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable valuation of the taxable property attached to the districts formed in whole or in part by such division.

Source:Laws 1881, c. 78, subdivision I, § 14, p. 335; R.S.1913, § 6713; C.S.1922, § 6251; C.S.1929, § 79-114; R.S.1943, § 79-127; Laws 1949, c. 256, § 54, p. 711; Laws 1979, LB 187, § 223; Laws 1992, LB 719A, § 180; R.S.1943, (1994), § 79-415; Laws 1996, LB 900, § 235.


Annotations

79-487. Districts; division; part taken over by United States; sale of schoolhouse.

Whenever, due to the division of any district or due to a district or any part thereof being taken over by the United States for any defense, flood control, irrigation, or war project, the schoolhouse, schoolhouse site, or other property of such district is no longer conveniently located for school purposes or desired to be retained by the district in which it is situated, the county sheriff of the county in which such schoolhouse, schoolhouse site, or other property is located may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds. When sold at private sale, the sale shall not be binding until approved by the district interested.

Source:Laws 1881, c. 78, subdivision I, § 13, p. 335; R.S.1913, § 6712; C.S.1922, § 6250; C.S.1929, § 79-113; Laws 1943, c. 197, § 2, p. 664; R.S.1943, § 79-126; Laws 1949, c. 256, § 55, p. 711; R.S.1943, (1994), § 79-416; Laws 1996, LB 900, § 236; Laws 1999, LB 272, § 65.    


Annotations

79-488. Districts; reduction in size through acquisition of land by United States; attachment of remainder; apportionment of funds.

When a district is reduced in size by the purchase or appropriation of land by the United States for any defense, flood control, irrigation, or war project, the district to which such remaining part is attached shall receive a pro rata share of all funds based upon the ratio of taxable valuation of the remaining part to the total taxable valuation of the former district as determined at the last current valuation.

Source:Laws 1943, c. 197, § 4, p. 665; R.S.1943, § 79-128.01; Laws 1949, c. 256, § 56, p. 711; Laws 1979, LB 187, § 224; Laws 1992, LB 719A, § 181; R.S.1943, (1994), § 79-417; Laws 1996, LB 900, § 237.


79-489. New districts; formation from old districts; general indebtedness; duty to consider in dividing property.

Subject to the provisions of section 79-485, whenever a new district is organized from the territory of a former district and there is any indebtedness of such former district which is not bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old district to the new district on account of schoolhouse or other property and the new district shall be entitled to only the value of its proportionate share of such property after deducting its like share of the indebtedness.

Source:Laws 1881, c. 78, subdivision I, § 16, p. 336; R.S.1913, § 6715; C.S.1922, § 6253; C.S.1929, § 79-116; R.S.1943, § 79-129; Laws 1949, c. 256, § 57, p. 711; R.S.1943, (1994), § 79-418; Laws 1996, LB 900, § 238.


79-490. Districts; change in boundary lines; map; report; adjustments in tax list.

Every change in district boundary lines shall be reported as soon as made by the State Committee for the Reorganization of School Districts to the county clerk, county assessor, and county treasurer. The county clerk shall keep in his or her office a map of the school districts of the county, which map shall be revised as often as the boundary lines or districts are changed or new districts formed. Upon receiving such report from the state committee, the county treasurer shall adjust the tax list of the county in accordance with the change of district boundaries so that the uncollected taxes levied upon property that has been transferred to another school district shall when collected be placed to the credit of the district to which the property has been transferred.

Source:Laws 1881, c. 78, subdivision I, § 17, p. 336; Laws 1885, c. 79, § 1, p. 321; R.S.1913, § 6716; C.S.1922, § 6254; C.S.1929, § 79-117; R.S.1943, § 79-130; Laws 1949, c. 256, § 58, p. 712; R.S.1943, (1994), § 79-419; Laws 1996, LB 900, § 239; Laws 1999, LB 272, § 66.    


79-491. Districts; presumption of organization.

Every school district shall in all cases be presumed to have been legally organized when it has exercised the franchises and privileges of a district for the term of one year.

Source:Laws 1881, c. 78, subdivision III, § 8, p. 344; R.S.1913, § 6759; C.S.1922, § 6300; C.S.1929, § 79-308; R.S.1943, § 79-308; Laws 1949, c. 256, § 65, p. 714; R.S.1943, (1994), § 79-426; Laws 1996, LB 900, § 240.


Annotations

79-492. Class I school district; organization of new district; first officers; term.

When a new Class I school district is organized and officers are elected at any other time than at the annual meeting, the time intervening between the date of organization and the beginning of the next school year shall constitute the first year in the term of such officers.

Source:Laws 1881, c. 78, subdivision III, § 2, p. 343; Laws 1885, c. 79, § 1, p. 322; R.S.1913, § 6753; C.S.1922, § 6294; C.S.1929, § 79-302; R.S.1943, § 79-302; Laws 1949, c. 256, § 193, p. 754; R.S.1943, (1994), § 79-509; Laws 1996, LB 900, § 241; Laws 1999, LB 813, § 9;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Annotations

79-493. Class I or Class II school district; new district officers; acceptance of office.

Within ten days after their election, the officers of a new Class I or Class II school district as referred to in section 79-492 shall file with the secretary a written acceptance of the offices to which they have been elected, which acceptance shall be recorded by the secretary. The office of any such officer who fails to file such acceptance within the time specified in this section shall become vacant at the expiration of such period and shall be filled by the remaining members of the board.

Source:Laws 1881, c. 78, subdivision III, § 3, p. 343; R.S.1913, § 6754; C.S.1922, § 6295; C.S.1929, § 79-303; R.S.1943, § 79-303; Laws 1949, c. 256, § 194, p. 754; R.S.1943, (1994), § 79-510; Laws 1996, LB 900, § 242; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


Annotations

79-494. Class I or Class II school district; new school district; when deemed organized.

Every new Class I or Class II school district described in section 79-492 shall be deemed duly organized when the majority of the officers elected at the first meeting have filed their acceptance as provided in section 79-493. A reorganized school district shall be formed, organized, and have a governing board not later than April 1 following the last legal action, as prescribed in section 79-413, 79-450, or 79-455, necessary to effect the changes in boundaries as set forth in the petition or plan of reorganization, although the physical reorganization of such reorganized school district may not take effect until the commencement of the following school year.

Source:Laws 1881, c. 78, subdivision III, § 4, p. 343; R.S.1913, § 6755; C.S.1922, § 6296; C.S.1929, § 79-304; R.S.1943, § 79-304; Laws 1949, c. 256, § 195, p. 755; Laws 1951, c. 276, § 8, p. 931; Laws 1988, LB 520, § 3; R.S.1943, (1994), § 79-511; Laws 1996, LB 900, § 243; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-495. Class I or Class II school district; new district; failure to organize; dissolution for failure to organize.

In case the inhabitants of any new Class I or Class II school district referred to in section 79-492 fail to organize it, the State Committee for the Reorganization of School Districts shall immediately dissolve such district and attach it to an adjoining district or districts.

Source:Laws 1881, c. 78, subdivision III, § 5, p. 344; R.S.1913, § 6756; C.S.1922, § 6297; C.S.1929, § 79-305; R.S.1943, § 79-305; Laws 1949, c. 256, § 196, p. 755; R.S.1943, (1994), § 79-512; Laws 1996, LB 900, § 244; Laws 1999, LB 272, § 67;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-496. Class IV or Class V school district; obligations of merged districts; assumption.

Each school district created by merger with other districts shall provide for the payment of debts created by school districts, or other school organizations, superseded by the merged district, when such debts have been incurred in the erection of schoolhouses or for other school purposes. If any portion of such debt is in the form of bonds, if issued for a valuable consideration, the holder or holders thereof, upon surrendering the same to the school board or board of education, shall have the right to demand, and the board in the name of the merged district shall cause to be issued, other bonds of like amount and of like tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases when only a part of a district is embraced within the merged district whenever the fractional part becomes a part of the merged district. The merged district shall assume and pay only such proportion of debt of divided districts as the taxable valuation of the part taken bears to the taxable valuation of the whole district. This section applies to Class IV and V districts only.

Source:Laws 1891, c. 45, § 20, p. 324; R.S.1913, § 7026; C.S.1922, § 6657; C.S.1929, § 79-2720; R.S.1943, § 79-2720; Laws 1949, c. 256, § 223, p. 764; Laws 1979, LB 187, § 236; Laws 1992, LB 719A, § 189; R.S.1943, (1994), § 79-536; Laws 1996, LB 900, § 245.


79-497. Division of districts within city of primary or metropolitan class; assets and liabilities; adjustment.

In case of a division of one or more school districts within the corporate limits of a city of the primary or metropolitan class, the president of the school board and the secretary of the school districts shall appraise and adjust all claims or assets in such manner that each district shall bear its proportion of the indebtedness and have its proportion of the assets of the district.

Source:Laws 1891, c. 45, § 20, p. 324; R.S.1913, § 7026; C.S.1922, § 6657; C.S.1929, § 79-2720; R.S.1943, § 79-2721; Laws 1949, c. 256, § 224, p. 764; R.S.1943, (1994), § 79-537; Laws 1996, LB 900, § 246; Laws 1999, LB 272, § 68.    


79-498. Depopulated districts; attachment to adjoining districts; notice; when authorized; waiver of requirements; findings; appeal; distribution of assets.

When, for a period of one school term, a school district (1) has less than three legal voters residing in the district or (2)(a) fails to maintain a public elementary school within the district in which are enrolled and in regular attendance for at least one thousand thirty-two hours one or more pupils of school age residing in the district, other than option students as defined in section 79-233, or (b) does not contract for the tuition and transportation of pupils of such district with another district or districts and have pupils attending school regularly for at least one thousand thirty-two hours under such contract or contracts, the State Committee for the Reorganization of School Districts shall, subject to the requirements of this section, dissolve such district and attach the territory of such district to one or more neighboring school districts. Before dissolving a district under this section, the state committee shall fix a time for a hearing and shall notify each legal resident of the district at least fifteen days before such hearing. When the dissolution will create extreme hardships on the pupils of the district affected, the State Board of Education may, on application by the school board of the district, annually waive the requirements of this section. Notification shall be by mail or by publication in a newspaper of general circulation in the area.

If the state committee finds that the district is required by this section to be dissolved, it shall enter an order dissolving the district and directing the county clerk of the county in which such district is located to attach the territory of such district to one or more neighboring school districts. Appeals from the action of the state committee may be made to the district court of the county in which the depopulated district is located. The county treasurer shall distribute the assets of the closed district among the other district or districts to which the property has been attached in proportion to the taxable valuation of the property attached to such district or districts.

Source:Laws 1897, c. 62, § 2, p. 308; Laws 1909, c. 117, § 2, p. 455; R.S.1913, § 6723; C.S.1922, § 6261; C.S.1929, § 79-124; R.S.1943, § 79-137; Laws 1949, c. 256, § 59, p. 712; Laws 1953, c. 291, § 2, p. 989; Laws 1955, c. 308, § 1, p. 952; Laws 1955, c. 315, § 5, p. 975; Laws 1959, c. 386, § 1, p. 1336; Laws 1963, c. 478, § 1, p. 1534; Laws 1971, LB 211, § 2; Laws 1979, LB 187, § 225; Laws 1985, LB 633, § 1; Laws 1989, LB 183, § 19; Laws 1992, LB 719A, § 182; R.S.1943, (1994), § 79-420; Laws 1996, LB 900, § 247; Laws 1999, LB 272, § 69.    


Annotations

79-499. Class II or Class III school district; membership requirements; cooperative programs; when required; plan; contract for services; effect; ballot issue; when; failure; effect.

(1) Commencing with the 1992-93 school year, if the fall school district membership or the average daily membership of an existing Class II or III school district shows less than thirty-five students in grades nine through twelve, the district shall submit a plan for developing cooperative programs with other high schools, including the sharing of curriculum and certificated and noncertificated staff, to the State Committee for the Reorganization of School Districts. The cooperative program plan shall be submitted by the school district by September 1 of the year following such fall school district membership or average daily membership report. A cooperative program plan shall not be required if there is no high school within fifteen miles from such district on a reasonably improved highway. The state committee shall review the plan and provide advice and communication to such school district and other high schools.

(2) If for two consecutive years the fall school district membership, or for two consecutive years the average daily membership, of an existing Class II or III school district is less than twenty-five pupils in grades nine through twelve or if for one year an existing Class II or III school district contracts with a neighboring school district or districts to provide educational services for all of its pupils in grades nine through twelve, such school district shall, except as provided in subsection (3) or (4) of this section, become a Class I school district through the order of the state committee if the high school is within fifteen miles on a reasonably improved highway of another high school.

This subsection does not apply to any school district located on an Indian reservation and substantially or totally financed by the federal government.

(3) Any Class II or III school district maintaining a four-year high school which has a fall school district membership or an average daily membership of less than twenty-five students in grades nine through twelve may contract with another school district to provide educational services for its pupils in grades nine through twelve. Such contract may continue for a period not to exceed one year. At the end of such one-year period, the school district may resume educational services for grades nine through twelve if the average daily membership in grades nine through twelve for such school district has reached at least fifty students. If the school district has not achieved such fall school district membership or average daily membership, it shall become a Class I school district by order of the state committee entered after thirty days' notice to the district but without a hearing, notwithstanding the distance on a reasonably improved highway to the nearest school district conducting a high school.

(4)(a) Any Class II or III school district maintaining the only public high school in the county may continue to operate the high school with a fall school district membership or an average daily membership of less than twenty-five students in grades nine through twelve if:

(i) The plan submitted pursuant to subsection (1) of this section provides a broad-based curriculum as determined by the state committee; and

(ii) At a districtwide election held the second Tuesday of November by whatever means the county conducts balloting, in the second consecutive school year that the fall school district membership for grades nine through twelve is less than twenty-five students and for each succeeding school year unless such membership is at least thirty-five students for such school year, a majority of voters approve a ballot issue to continue to operate the high school for the immediately following school year.

(b) If such ballot issue fails, the state committee shall dissolve the school district and attach the territory to other school districts based on the preferences of each landowner if such preference is provided in the time and manner required by the state committee and would transfer such parcels to a school district with a boundary contiguous to the school district being dissolved. Landowners submitting such preferences shall sign a statement that the district of preference is the district which children who might reside on the property, at the time of the dissolution or in the future, would be expected to attend. For property for which a preference is not provided in the time and manner required by the state committee, the state committee shall transfer such property to one or more of the school districts with boundaries contiguous to the district being dissolved in a manner that will best serve children who might reside on such property, at the time of the dissolution or in the future, and that will, to the extent possible, create compact and contiguous districts.

(c) This subsection shall not apply to any school district if the fall school district membership or an average daily membership falls to less than fifteen students in grades nine through twelve.

(5) For purposes of this section, when calculating fall school district membership or average daily membership, a resident school district as defined in section 79-233 shall not count students attending an option district as defined in such section and a Class II or III school district shall not count foreign exchange students and nonresident students who are wards of the court or state.

Source:Laws 1991, LB 511, § 55; Laws 1992, LB 245, § 53; R.S.1943, (1994), § 79-516.08; Laws 1996, LB 900, § 248; Laws 1996, LB 1050, § 6; Laws 1999, LB 272, § 70;    Laws 2005, LB 126, § 36;    Referendum 2006, No. 422; Laws 2015, LB477, § 1.    


Cross References

Annotations

79-4,100. Terms, defined.

For purposes of statutes governing schools:

(1) Affiliated school system means the high school district and the Class I districts or portions of Class I districts affiliated with such high school district;

(2) Affiliation or affiliation of school districts means an ongoing association of a Class I district or portion thereof not a part of a Class VI district with one or more existing Class II, III, IV, or V districts for the purpose of (a) providing a high school program serving the Class I district students and (b) maintaining tax support to finance such program. The services provided may include student transportation; and

(3) Class VI school system means a Class VI school district and each Class I school district or portion thereof which is part of the Class VI district.

Source:Laws 1990, LB 259, § 2; Laws 1991, LB 511, § 8; Laws 1992, LB 245, § 13; Laws 1992, LB 1001, § 11; Laws 1993, LB 348, § 6; Laws 1993, LB 839, § 1; Laws 1994, LB 858, § 1; Laws 1994, LB 1310, § 2; R.S.1943, (1994), § 79-101.01; Laws 1996, LB 900, § 249.


Annotations

79-4,101. Additional terms, defined.

For purposes of sections 10-716.01, 79-402, 79-422, 79-424 to 79-431, 79-449, 79-4,100 to 79-4,102, 79-611, and 79-1077:

(1) Elementary school facility means the educational facility used to provide services for students in grades kindergarten through eight in an affiliated school system;

(2) High school district means the Class II, III, IV, or V district which provides the high school program for an affiliated Class I district;

(3) High school facility means the educational facility used to provide services for students in grades nine through twelve in an affiliated school system;

(4) High school program means the educational services provided in an affiliated school system for grades nine through twelve; and

(5) High school students means students enrolled in a high school program.

Source:Laws 1990, LB 259, § 3; Laws 1991, LB 511, § 9; Laws 1992, LB 245, § 14; Laws 1994, LB 858, § 2; R.S.1943, (1994), § 79-101.02; Laws 1996, LB 900, § 250; Laws 2001, LB 797, § 11;    Laws 2005, LB 126, § 37;    Referendum 2006, No. 422.


79-4,102. Affiliated district; student; treatment.

(1) For purposes of eligibility for or entitlement to any educational service or program, any student residing in an affiliated Class I district who is enrolled in the high school program of an affiliated school system shall be considered to be a resident of the Class II, III, IV, or V district which is part of such affiliated school system. Such student shall be treated for purposes of any educational service, including special education services, extracurricular programs, and other school-sponsored activities, as if he or she were a resident student of the high school district.

(2) All children residing in a Class I district or portion thereof which is affiliated who are fourteen through eighteen years of age shall be counted on the school census of the affiliated high school district pursuant to section 79-528.

Source:Laws 1990, LB 259, § 21; Laws 1991, LB 511, § 46; Laws 1992, LB 245, § 51; R.S.1943, (1994), § 79-4,222; Laws 1996, LB 900, § 251; Laws 2003, LB 67, § 4.    


Annotations

79-4,103. Advisory committees; created; members; terms; duties.

An advisory committee shall be created for each affiliated high school district. The advisory committee shall be composed of three school board members selected by all the school board members of the Class I school districts with which such Class II, III, IV, or V district is affiliated. The superintendent of the affiliated high school district shall call a meeting of all the school board members of such Class I school districts, not a part of a Class VI school district, for the purpose of establishing such advisory committees. Representatives shall serve three-year terms.

The advisory committee shall provide advice and communication to the school board of such affiliated high school district regarding the high school program, facilities, and budget and the needs and concerns of students, parents, and taxpayers in the Class I school district or districts. Each advisory committee shall meet at least biannually with the school board and participate in good faith in those coordination requirements specified in section 79-716.

Source:Laws 1988, LB 940, § 5; Laws 1989, LB 190, § 2; Laws 1990, LB 259, § 29; Laws 1991, LB 511, § 43; Laws 1992, LB 245, § 48; Laws 1994, LB 858, § 7; R.S.1943, (1994), § 79-4,105.01; Laws 1996, LB 900, § 252; Laws 1999, LB 272, § 71.    


79-4,104. Statutes on affiliation; held unconstitutional; effect.

If the provisions of sections 10-716.01, 79-101.01, 79-101.02, 79-402.13 to 79-402.20, 79-426.28, 79-437.03, 79-438.08, 79-438.12, and 79-4,222, as amended by Laws 1991, LB 511, and Laws 1992, LB 245, sections 79-402.11, 79-426.01, 79-426.08, 79-426.17, 79-490, and 79-4,140.16, as amended by Laws 1990, LB 259, and sections 79-402, 79-402.03, 79-402.04, 79-426.02, 79-4,105.01, and 79-4,158.01, as amended by Laws 1990, LB 259, Laws 1991, LB 511, and Laws 1992, LB 245, as such sections existed immediately before July 19, 1996, are found to be unconstitutional pursuant to the final determination of the Nebraska Supreme Court on or after July 1, 1993, the provisions of sections 79-436, 79-437, 79-495 to 79-499, and 79-4,101 to 79-4,105 shall be revived as such sections existed on July 10, 1990.

Source:Laws 1990, LB 259, § 33; Laws 1991, LB 511, § 47; Laws 1992, LB 245, § 52; Laws 1994, LB 858, § 9; R.S.1943, (1994), § 79-4,224; Laws 1996, LB 900, § 253.

Note: All section numbers cited in this section are section numbers assigned prior to the recodification of Chapter 79 in 1996. For the provisions referred to in this section, consult Volume 5, Reissue of 1994, the Revised Statutes Supplement, 1995, and prior volumes.


79-4,105. Repealed. Laws 2003, LB 67, § 34.

79-4,106. Repealed. Laws 2003, LB 67, § 34.

79-4,107. Repealed. Laws 2001, LB 313, § 5.

79-4,108. Unified system; interlocal agreement; contents; application; procedure; effect.

(1) Unified system means two or more Class II or III school districts participating in an interlocal agreement under the Interlocal Cooperation Act with approval from the State Committee for the Reorganization of School Districts. The interlocal agreement may include Class I districts if the entire valuation is included in the unified system. The interlocal agreement shall provide:

(a) For a minimum term of three school years;

(b) That all property tax and state aid resources shall be shared by the unified system;

(c) That a board composed of school board members, with at least one school board member from each district, shall determine the general fund levy, within the limitations placed on school districts and multiple-district school systems pursuant to section 77-3442, to be applied in all participating districts and shall determine the distribution of property tax and state aid resources within the unified system. For purposes of section 77-3442, the multiple-district school system shall include all of the Class I, II, and III districts participating in the unified system and the Class I districts or portions thereof affiliated with any of the participating Class II and III districts;

(d) That certificated staff will be employees of the unified system. For any certificated staff employed by the unified system, tenure and seniority as of the effective date of the interlocal agreement shall be transferred to the unified system and tenure and seniority provisions shall continue in the unified system except as provided in sections 79-850 to 79-858. If a district withdraws from the unified system or if the interlocal agreement expires and is not renewed, certificated staff employed by a participating district immediately prior to the unification shall be reemployed by the original district and tenure and seniority as of the effective date of the withdrawal or expiration shall be transferred to the original district. The certificated staff hired by the unified system but not employed by a participating district immediately prior to the unification shall be subject to the reduction-in-force policy of the unified system;

(e) That the participating districts shall pay obligations of the unified system pursuant to sections 79-850 to 79-858 on a pro rata basis based on the adjusted valuations if a district withdraws from the unified system or if the interlocal agreement expires and is not renewed; and

(f) The permissible method or methods for accomplishing the partial or complete termination of the interlocal agreement and for disposing of assets and liabilities upon such partial or complete termination.

Additional provisions in the interlocal agreement shall be determined by the participating districts and shall encourage cooperation within the unified system.

(2) Application for unification shall be made to the state committee. The application shall contain a copy of the interlocal agreement signed by the president of each participating school board. The state committee shall approve or disapprove applications for unification within forty days after receipt of the application. If the interlocal agreement complies with subsection (1) of this section and all school boards of the participating districts have approved the interlocal agreement, the state committee shall approve the application. Unification agreements shall be effective on June 1 following approval from the state committee for status as a unified system or on the date specified in the interlocal agreement, except that the date shall be on or after June 1 and on or before September 1 for a specified year. The board established in the interlocal agreement may begin meeting any time after the application has been approved by the state committee.

(3) Upon granting the application for unification, the State Department of Education shall recognize the unified system as a single Class II or III district for state aid, budgeting, accreditation, enrollment of students, state programs, and reporting. Except as otherwise required by the department, the unified system shall submit a single report document for each of the reports required of school districts pursuant to Chapter 79 and shall submit a single budget document pursuant to the Nebraska Budget Act and sections 13-518 to 13-522. The class of district shall be the same as the majority of participating districts, excluding Class I districts. If there are an equal number of Class II and Class III districts in the unified system, the unified system shall be recognized by the department as a Class III district.

(4) The school districts participating in a unified system shall retain their separate identities for all purposes except those specified in this section, and participation in a unified system shall not be considered a reorganization.

Source:Laws 1998, LB 1219, § 9; Laws 1999, LB 813, § 10;    Laws 2001, LB 797, § 12;    Laws 2005, LB 126, § 38;    Referendum 2006, No. 422; Laws 2008, LB988, § 5;    Laws 2010, LB711, § 1;    Laws 2010, LB1071, § 6.    


Cross References

79-4,109. Class I district; reaffiliation authorized; effective date; effect.

A Class I district with more than fifty percent of its valuation affiliated with a single Class II or III district participating in a unified system may reaffiliate so that its entire valuation is affiliated with that Class II or III district. A Class I district which is not entirely within a Class VI system and which does not have more than fifty percent of its valuation affiliated with a Class II or III district may reaffiliate so that its entire valuation is affiliated with a Class II or III district participating in a unified system. The effective date of the reaffiliation shall be the effective date of the Class I district's participation in the unified system. The reaffiliation shall not affect any existing bond obligations.

Source:Laws 1998, LB 1219, § 10; Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-4,110. Class I district; merge, dissolve, or reorganize; limitations.

A Class I district of which eight percent or more of the district's valuation is affiliated with a single Class II or III district shall not merge, dissolve, or reorganize unless:

(1) All Class II or III districts with which eight percent or more of the Class I district's valuation is affiliated are also reorganizing in the same reorganization plan, petition, or election and that plan, petition, or election requires approval by either the school boards or legal voters of such Class II or III districts;

(2) The Class I district's valuation is being merged with the Class II or III districts with which the property is affiliated;

(3) The Class I district has been participating in a unified system for a minimum of seven school fiscal years and the unified system includes at least one Class II or III district reorganizing in the same reorganization plan or petition; or

(4) The school boards of all Class II or III districts with which eight percent or more of the Class I district's valuation is affiliated vote to approve the plan or petition.

Source:Laws 1998, LB 1219, § 11; Laws 2002, LB 460, § 1;    Laws 2005, LB 126, § 57;    Referendum 2006, No. 422.


79-4,111. Unified system; Class I districts; treatment.

The affiliation agreement for a Class I district that is affiliated with a Class II or III district that is participating in a unified system shall continue unmodified unless (1) the Class I district reaffiliates pursuant to section 79-4,109 or (2) the Class I district's entire valuation is included in the unified system and the Class I district chooses to participate in the unified system by becoming a party to the interlocal agreement pursuant to section 79-4,108.

Source:Laws 1998, LB 1219, § 12; Laws 2005, LB 126, § 39;    Referendum 2006, No. 422; Laws 2008, LB988, § 6.    


79-4,112. Repealed. Referendum 2006, No. 422.

79-4,113. Repealed. Referendum 2006, No. 422.

79-4,114. Repealed. Referendum 2006, No. 422.

79-4,115. Repealed. Referendum 2006, No. 422.

79-4,116. Repealed. Referendum 2006, No. 422.

79-4,117. Act, how cited.

Sections 79-4,117 to 79-4,129 shall be known and may be cited as the Learning Community Reorganization Act.

Source:Laws 2006, LB 1024, § 28;    Laws 2007, LB641, § 5.    


79-4,118. Terms, defined.

For purposes of the Learning Community Reorganization Act:

(1) Learning community has the definition found in section 79-2101;

(2) Reorganization of school districts means the formation of new school districts that will become members of a learning community, the alteration of boundaries of established school districts that are members of a learning community, the dissolution or disorganization of established school districts that are members of a learning community through or by means of any one or combination of the methods set out in section 79-4,120, and any other alteration of school district boundaries involving a school district that is a member of a learning community; and

(3) State committee means the State Committee for the Reorganization of School Districts created by section 79-435.

Source:Laws 2006, LB 1024, § 29.    


79-4,119. Reorganization; provisions applicable.

Any reorganization of school districts that affects a school district that is a member of a learning community, except dissolutions pursuant to section 79-470, 79-498, 79-499, or 79-598, shall only be accomplished pursuant to the Learning Community Reorganization Act.

Source:Laws 2006, LB 1024, § 30;    Laws 2016, LB1067, § 20.    


79-4,120. Methods authorized.

Reorganization of school districts pursuant to the Learning Community Reorganization Act may be accomplished through or by means of any one or more of the following methods: (1) The creation of new districts; (2) the uniting of one or more established districts; (3) the subdivision of one or more established districts; (4) the transfer and attachment to an established district of a part of the territory of one or more districts; and (5) the dissolution or disorganization of an established district for any of the reasons specified by law.

Source:Laws 2006, LB 1024, § 31.    


79-4,121. Plan review; state committee; considerations.

In the review of a plan for the reorganization of school districts pursuant to the Learning Community Reorganization Act, the state committee shall give due consideration to (1) the educational needs of pupils in the learning community, (2) economies in administration costs, (3) the future use of existing satisfactory school buildings, sites, and play fields, (4) the convenience and welfare of pupils, (5) transportation requirements, (6) the equalization of the educational opportunity of pupils, (7) the amount of outstanding indebtedness of each district and proposed disposition thereof, (8) the equitable adjustment of all property, debts, and liabilities among the districts involved, (9) any additional statutory requirements for learning community organization, and (10) any other matters which, in its judgment, are of importance.

Source:Laws 2006, LB 1024, § 32;    Laws 2016, LB1067, § 21.    


79-4,122. Public hearings; record; notice.

Before any plan of reorganization is approved by the state committee pursuant to the Learning Community Reorganization Act, the state committee shall hold one or more public hearings. At such hearings, the state committee shall hear any and all persons interested with respect to the areas of consideration listed in section 79-4,121. The state committee shall keep a record of all hearings in the formulation or approval of plans for the reorganization of school districts. Notice of such public hearings of the state committee shall be given by publication in a legal newspaper of general circulation in the county or counties in which the affected districts are located at least ten days prior to such hearing.

Source:Laws 2006, LB 1024, § 33;    Laws 2016, LB1067, § 22.    


79-4,123. Plan of reorganization; contents.

After one or more public hearings have been held, the state committee may approve a plan or plans of reorganization pursuant to the Learning Community Reorganization Act. Such plan shall contain:

(1) A description of the proposed boundaries of the reorganized districts and a designation of the class for each district;

(2) A summary of the reasons for each proposed change, realignment, or adjustment of the boundaries which shall include, but not be limited to, an explanation of how the plan complies with any statutory requirements for learning community organization and an assurance that the plan does not increase the geographic size of any school district that has more than twenty-five thousand formula students for the most recent certification of state aid pursuant to section 79-1022;

(3) A summary of the terms on which reorganization is to be made between the reorganized districts. Such terms shall include a provision for initial school board districts or wards within the proposed district, which proposed initial school board districts or wards shall be determined by the state committee taking into consideration population and valuation, a determination of the number of members to be appointed to the initial school board for Class II and III school districts, and a determination of the terms of the board members first appointed to membership on the board of the newly reorganized district;

(4) A statement of the findings with respect to the location of schools, the utilization of existing buildings, the construction of new buildings, and the transportation requirements under the proposed plan of reorganization;

(5) A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization; and

(6) Such other matters as the state committee determines proper to be included.

Source:Laws 2006, LB 1024, § 34;    Laws 2014, LB946, § 38;    Laws 2016, LB1067, § 23.    


79-4,124. State committee; notification.

The state committee shall, within thirty days after holding the hearings provided for in section 79-4,122, notify the affected school districts whether or not it approves or disapproves such plan or plans.

Source:Laws 2006, LB 1024, § 35;    Laws 2016, LB1067, § 24.    


79-4,125. Disapproved plan; return to affected school districts.

If the state committee disapproves the plan pursuant to the Learning Community Reorganization Act, it shall be considered a disapproved plan and returned to the affected school districts as a disapproved plan.

Source:Laws 2006, LB 1024, § 36;    Laws 2007, LB641, § 6;    Laws 2016, LB1067, § 25.    


79-4,126. School district in learning community; plan of reorganization; submitted to state committee; approved plan; procedure.

(1) The school board of any school district in a learning community may propose a plan of reorganization. When at least sixty percent of the members of the school board of each affected school district vote to approve the plan, such plan may be submitted to the state committee. When any area is added or removed from any school district in a learning community as part of a plan, such school district shall be deemed an affected school district.

(2) When a plan of reorganization or any part thereof has been approved by the state committee pursuant to the Learning Community Reorganization Act, it shall be designated as the final approved plan and shall be submitted to the county clerk pursuant to section 79-4,128 and to school boards of the affected school districts.

Source:Laws 2006, LB 1024, § 37;    Laws 2007, LB641, § 7;    Laws 2016, LB1067, § 26.    


79-4,127. Indebtedness.

Whenever two or more school districts are involved in a reorganization plan pursuant to the Learning Community Reorganization Act, the old districts shall continue to be responsible for any indebtedness incurred before the reorganization takes place unless a different arrangement is included in the plan.

Source:Laws 2006, LB 1024, § 38.    


79-4,128. County clerk; duties; filings required.

If the plan of reorganization is approved by the state committee pursuant to the Learning Community Reorganization Act, the county clerk shall proceed to cause the changes, realignment, and adjustment of districts to be carried out as provided in the plan. The county clerk shall classify the school districts according to the plan of reorganization. He or she shall also file certificates with the county assessor, county treasurer, learning community coordinating council, and state committee showing the boundaries of the various districts under the approved plan of reorganization.

Source:Laws 2006, LB 1024, § 39;    Laws 2007, LB641, § 8;    Laws 2016, LB1067, § 27.    


79-4,129. State committee; duties; school board; appointments; terms; duties.

(1) Within thirty days after the classification of the reorganized school districts by the county clerk under section 79-4,128, the state committee shall appoint from among the legal voters of each new school district created the number of school board members specified in the plan of reorganization. A reorganized school district shall be formed and organized and shall have a school board not later than April 1 following the last legal action, as prescribed in section 79-4,128, necessary to effect the changes in boundaries as set forth in the plan of reorganization, although the physical reorganization of such reorganized school district shall take effect July 1 following the classification of the reorganized school districts under section 79-4,128. The first board shall be appointed on an at-large basis, and all boards shall be elected at large until such time as election districts are established as provided in section 32-554.

(2) In appointing the first school board of a Class II school district, the members shall be appointed so that the terms of approximately one-half of the members expire on the date of the first regular meeting of the board in January after the first even-numbered year following their appointment and the terms of the remaining members expire on the date of the first regular meeting of the board in January after the second even-numbered year following their appointment. At the statewide general election in the first even-numbered year after the reorganization, approximately one-half of the board members in each Class II school district shall be elected to terms of four years. Thereafter all candidates shall be elected to terms of four years. Each member's term shall begin on the date of the first regular meeting of the board in January following his or her election.

(3) In appointing the first school board of a Class III school district, the terms of approximately one-half of the members shall expire on the first Thursday after the first Tuesday in January after the first even-numbered year following their appointment and the terms of the remaining members shall expire on the first Thursday after the first Tuesday in January after the second even-numbered year following their appointment. Thereafter all Class III district school boards shall be elected to terms of four years.

(4) In appointing the first school board of a Class IV school district, the members shall be appointed so that the terms of three members shall expire on the third Monday in May of the first odd-numbered year following their appointment and the terms of four members shall expire on the third Monday in May of the second odd-numbered year following their appointment. Thereafter all Class IV district school boards shall be elected to terms of four years.

(5) In appointing the first school board of a Class V school district after a reorganization under this section with a nine-member board serving terms of four years, the terms of the members shall expire as provided in section 32-545. All Class V district school boards shall be elected to terms of four years.

(6) The school boards appointed under this section shall proceed at once to organize in the manner prescribed by law.

Source:Laws 2006, LB 1024, § 40;    Laws 2013, LB125, § 5;    Laws 2014, LB946, § 39.    


79-4,130. Repealed. Laws 2007, LB 641, § 54.

79-501. School board; property; maintenance; hiring of superintendent, teachers, and personnel.

The school board or board of education of a Class I, II, III, IV, or VI school district shall have the care and custody of the schoolhouse and other property of the district and shall have authority to hire a superintendent and the required number of teachers and other necessary personnel.

Source:Laws 1881, c. 78, subdivision V, § 9, p. 354; R.S.1913, § 6789; C.S.1922, § 6330; C.S.1929, § 79-509; R.S.1943, § 79-509; Laws 1949, c. 256, § 80, p. 719; Laws 1971, LB 292, § 8; R.S.1943, (1994), § 79-441; Laws 1996, LB 900, § 254.


Annotations

79-502. Repealed. Laws 2008, LB 850, § 5.

79-503. Year-round operation of public schools; legislative intent.

It is the intent of the Legislature to promote increased efficiency in the utilization of public schoolhouses and other school facilities by providing for a program of year-round operation of the public schools of this state. The Legislature finds that the cost of education is substantially increased when schoolhouses sit idle for three months of the year and that the rural and pioneer conditions which dictated summer closing of public schools no longer prevail in many of the school districts of the state.

Source:Laws 1973, LB 65, § 1; Laws 1993, LB 348, § 7; R.S.1943, (1994), § 79-201.01; Laws 1996, LB 900, § 256.


79-504. Year-round operation of public schools; conversion; procedure.

Any public school district in this state may convert any or all of the schools in the district to year-round operation under sections 79-503 to 79-505 upon an affirmative vote of at least seventy-five percent of the school board or board of education. The vote shall be taken at a public meeting of the board following a special public hearing called for the purpose of receiving testimony on such conversion. The board shall give at least seven calendar days' notice of the time, place, and purpose of such hearing and shall publish such notice at least once in a newspaper of general circulation in the school district. Such schools shall meet all State Board of Education rules and regulations pertaining to accreditation.

Source:Laws 1973, LB 65, § 2; Laws 1993, LB 348, § 8; R.S.1943, (1994), § 79-201.02; Laws 1996, LB 900, § 257.


79-505. Year-round operation of public schools; notice to State Board of Education.

No public school district shall convert to a year-round operation without notifying the State Board of Education of compliance with sections 79-503 to 79-505.

Source:Laws 1973, LB 65, § 3; Laws 1993, LB 348, § 9; R.S.1943, (1994), § 79-201.03; Laws 1996, LB 900, § 258.


79-506. Insurance coverage; authorized.

The school board or board of education of any Class I, II, III, IV, V, or VI school district may permit its members to participate in the school district'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 in the insurance program of the school district shall pay both the employee and the employer portions of the premium for such coverage.

A school board or board of education which opts to permit its members to participate in insurance coverage under this section shall report quarterly at a board meeting the board members who have elected such coverage. Such a report shall be made available in the school district office for review by the public upon request.

Source:Laws 2008, LB850, § 1.    


79-507. Repealed. Laws 1998, Spec. Sess., LB 1, § 63.

79-508. Repealed. Laws 1998, Spec. Sess., LB 1, § 63.

79-509. Repealed. Laws 1998, Spec. Sess., LB 1, § 63.

79-510. Repealed. Laws 1998, Spec. Sess., LB 1, § 63.

79-511. Repealed. Laws 1998, Spec. Sess., LB 1, § 63.

79-512. Associations of school boards; membership dues; payment authorized.

The school board or board of education of any school district in this state may pay from its school funds an amount to be determined by the board for membership dues in associations of school boards or boards of education.

Source:Laws 1957, c. 345, § 1, p. 1188; R.S.1943, (1994), § 79-4,149; Laws 1996, LB 900, § 265.


79-513. Legal services; payment authorized.

The school board or board of education of any school district in this state may pay from its school funds for the legal services of an attorney employed by the board when it deems legal counsel necessary or advisable.

Source:Laws 1957, c. 345, § 2, p. 1188; R.S.1943, (1994), § 79-4,150; Laws 1996, LB 900, § 266.


79-514. Retirement annuity contracts; purchase; contributions to retirement plans; withholding of salary.

(1) The school board or board of education of any school district has the authority to (a) purchase retirement annuity contracts for any or all of its employees from any insurance company licensed to do business in the State of Nebraska, (b) enter into contracts with its employees providing for the purchase by it of such retirement annuity contracts, (c) provide for the purchase by it of such retirement annuity contracts in the general contract of employment with any or all of its employees, or (d) for the purposes of separation payments made at retirement and early retirement inducements, make contributions picked up under section 414(h) of the Internal Revenue Code to plans under section 401(a) or 403(a) of the code and make contributions to plans under section 403(b) of the code.

(2) Nothing in this section nor any other provision of Chapter 79 shall be construed to authorize a school board or board of education of any school district to offer a separate plan classified as a qualified plan under section 401(a) of the Internal Revenue Code unless specifically listed in this section.

(3) When necessary in connection with the purchase of retirement annuity contracts, any such employee may execute an order authorizing the withholding of necessary amounts from any wages or salary payable to the employee and such order and revocation thereof shall be executed in the manner and form required by section 44-1609.

Source:Laws 1963, c. 465, § 1, p. 1493; R.S.1943, (1994), § 79-4,152; Laws 1996, LB 900, § 267; Laws 2005, LB 329, § 1.    


79-515. Contracts for services, supplies, and collective-bargaining agreements; authorized.

The school board or board of education of any school district may enter into contracts under such terms and conditions as the board deems appropriate, for periods not to exceed four years, for the provision of utility services, refuse disposal, transportation services, maintenance services, financial services, insurance, security services, and instructional materials, supplies, and equipment and for collective-bargaining agreements with employee groups. This section does not permit multiyear contracts with individual school district employees.

Source:Laws 1984, LB 333, § 1; R.S.1943, (1994), § 79-4,154.01; Laws 1996, LB 900, § 268.


Annotations

79-516. School board; power to indemnify; liability insurance; purchase.

(1) For purposes of this section, (a) school board has the definition found in section 79-101 and (b) school district has the definition found in such section.

(2) A school district may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the school district, by reason of the fact that such person is or was a school board member or an officer, employee, or agent of the school district, against expenses, including attorney's fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit, or proceeding if such person acted in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the school district and, with respect to any criminal action or proceeding, had no reasonable cause to believe that his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that such person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the school district and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.

(3) A school district may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action or suit by or in the right of the school district to procure a judgment in its favor by reason of the fact that such person is or was a school board member or an officer, employee, or agent of the school district, against expenses, including attorney's fees, actually and reasonably incurred by him or her in connection with the defense or settlement of such action or suit if such person acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the school district, except that no indemnification shall be made in respect of any claim, issue, or matter as to which such person was adjudged to be liable for negligence or misconduct in the performance of his or her duty to the school district unless and only to the extent that the court in which such action or suit was brought determines upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court deems proper.

(4) To the extent that a school board member or an officer, employee, or agent of a school district has been successful on the merits or otherwise in defense of any action, suit, or proceeding referred to in subsections (2) and (3) of this section or in defense of any claim, issue, or matter in such action, suit, or proceeding, he or she shall be indemnified against expenses, including attorney's fees, actually and reasonably incurred by him or her in connection with such defense.

(5) Any indemnification under such subsections, unless ordered by a court, shall be made by the school district only as authorized in the specific case upon a determination that indemnification of the school board member or the officer, employee, or agent of the school district is proper in the circumstances because he or she has met the applicable standard of conduct set forth in such subsections. Such determination shall be made by the school board members by a majority vote of a quorum consisting of school board members who were not parties to such action, suit, or proceeding or, if such a quorum is not obtainable or even if obtainable a quorum of disinterested board members so directs, by independent legal counsel in a written opinion.

(6) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the school district in advance of the final disposition of such action, suit, or proceeding as authorized in the manner provided in subsection (5) of this section upon receipt of an undertaking by or on behalf of the school board member or the officer, employee, or agent of the school district to repay such amount unless it is ultimately determined that he or she is entitled to be indemnified by the school district as authorized in this section.

(7) The indemnification provided by this section shall not be deemed exclusive of any other rights to which the person indemnified may be entitled under any agreement, either as to action in his or her official capacity or as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a school board member or an officer, employee, or agent of the school district and shall inure to the benefit of the heirs, executors, and administrators of such person.

(8) A school district may purchase and maintain insurance on behalf of any person who is or was a school board member or an officer, employee, or agent of the school district against any liability asserted against him or her and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the school district would have the power to indemnify him or her against such liability under this section.

Source:Laws 1973, LB 475, § 1; Laws 1987, LB 285, § 1; Laws 1993, LB 239, § 1; R.S.1943, (1994), § 79-4,155; Laws 1996, LB 900, § 269.


Annotations

79-517. School activities pass; volunteer, defined.

For purposes of section 79-518, volunteer means a person who is not an elected or appointed official or employee of a school district who, at the request or with the permission of the school board or board of education of the school district, engages in activities related to the purposes and functions of the school district or for its general benefit.

Source:Laws 1994, LB 1310, § 8; R.S.1943, (1994), § 79-4,246; Laws 1996, LB 900, § 270.


79-518. School activities pass; authorized; when.

The school board or board of education of any school district may authorize the issuance of a pass to any elected or appointed official, employee, retired employee, or volunteer of the district, member of a senior citizens group, or city official authorizing the admittance of the recipient of the pass and his or her spouse to recognized school activities without the need for the payment of any fee or charge. Such pass may be issued at no cost to the recipient or at such cost as may be designated by the board.

Source:Laws 1994, LB 1310, § 7; R.S.1943, (1994), § 79-4,247; Laws 1996, LB 900, § 271.


79-519. Class I or Class II school district; prosecution or defense of proceedings.

The legal voters of a Class I or Class II school district may also give such directions and make such provisions as they deem necessary in relation to the prosecution or defense of any proceeding in which the district may be a party or interested.

Source:Laws 1881, c. 78, subdivision II, § 16, p. 343; R.S.1913, § 6747; C.S.1922, § 6288; C.S.1929, § 79-220; R.S.1943, § 79-227; Laws 1949, c. 256, § 192, p. 754; R.S.1943, (1994), § 79-508; Laws 1996, LB 900, § 272; Laws 1997, LB 345, § 19.


Annotations

79-520. Class III school district; board of education; selection of officers; rules and regulations; compensation.

The board of education of a Class III school district has power to select its own officers and make its own rules and regulations not inconsistent with any statute applicable to such district. No member of the board, except the secretary, shall accept or receive any compensation for services performed in discharging the duties of his or her office.

Source:Laws 1881, c. 78, subdivision XIV, § 7, p. 379; Laws 1899, c. 62, § 8, p. 293; Laws 1901, c. 63, § 9, p. 440; R.S.1913, § 6954; C.S.1922, § 6588; C.S.1929, § 79-2507; R.S.1943, § 79-2509; Laws 1949, c. 256, § 240, p. 771; R.S.1943, (1994), § 79-807; Laws 1996, LB 900, § 273.


79-521. Class IV school district; board of education; officers; rules and regulations; taking of testimony.

The board of education of a Class IV school district has power to select its own officers and make rules and regulations necessary to carry out the board's legal duties. The board of education, or any committee of the members of the board, has power to compel the attendance of witnesses for the investigation of matters that may come before them. The presiding officer of the board of education or the chairperson of such committee may administer the requisite oaths, and such board or committee has the same authority to compel the giving of testimony as is conferred on courts of justice.

Source:Laws 1949, c. 256, § 211, p. 760; R.S.1943, (1971), § 79-524; Laws 1971, LB 450, § 3; R.S.1943, (1994), § 79-907; Laws 1996, LB 900, § 274.


79-522. Class V school district; board of education; officers; rules and regulations; testimony; power to compel.

The board of education of a Class V school district has power to select its own officers and make its rules and regulations. The board or any committee of the members of the board has power to compel the attendance of witnesses for the investigation of matters that may come before it. The presiding officer of the board or the chairperson of such committee for the time being may administer the requisite oaths, and such board or committee has the same authority to compel the giving of testimony as is conferred on courts of justice.

Source:Laws 1891, c. 45, § 7, p. 319; R.S.1913, § 7015; C.S.1922, § 6646; C.S.1929, § 79-2709; R.S.1943, § 79-2709; Laws 1949, c. 256, § 255, p. 777; R.S.1943, (1994), § 79-1003.04; Laws 1996, LB 900, § 275.


Annotations

79-523. Class VI school district; board of education; powers and duties.

The board of education of a Class VI school district has the same powers and duties as and shall be governed by the provisions of law governing the school boards in Class I and II school districts for purposes authorized by law, except that the board of a Class VI district may undertake building projects and expend money from a special fund established pursuant to section 79-10,120 in the same manner and subject to the same restrictions as any Class II, III, IV, or V school district, and for such purposes section 79-10,121 shall not apply. The annual meetings as provided in section 79-556 shall not apply to any Class VI school district.

Source:Laws 1996, LB 900, § 276.


79-524. Class I, II, III, IV, or VI school district; permanent and continuing census.

The school board of any Class I, II, III, IV, or VI school district shall establish a permanent and continuing census or enumeration of school children in the school district. The list in writing of the names of the children and taxpayers shall not be required to be reported, but the names of all of the children belonging to such school district, from birth through twenty years of age, shall instead be kept in a depository maintained by such school district and subject to inspection at all times. Such record shall not or need not include the names of all the taxpayers in the district.

Source:Laws 1996, LB 900, § 277; Laws 1999, LB 272, § 72.    


Annotations

79-525. Class I, II, III, IV, or VI school district; school board; duty to maintain schoolhouse; accounts.

The school board or board of education of a Class I, II, III, IV, or VI school district shall (1) provide the necessary appendages for the schoolhouse, (2) keep the same in good condition and repair during the time school is taught in the schoolhouse, and (3) keep an accurate account of all expenses incurred. Such account shall be prepared by the secretary, audited by the president and treasurer, and, on their written order, paid out of the general school fund.

Source:Laws 1881, c. 78, subdivision IV, § 13, p. 349; R.S.1913, § 6775; C.S.1922, § 6316; C.S.1929, § 79-413; R.S.1943, § 79-415; Laws 1949, c. 256, § 79, p. 719; R.S.1943, (1994), § 79-440; Laws 1996, LB 900, § 278.


Annotations

79-526. Class I, II, III, IV, or VI school district; school board; schools; supervision and control; powers.

(1) The school board or board of education of a Class I, II, III, IV, or VI school district has responsibility for the general care and upkeep of the schools, shall provide the necessary supplies and equipment, and, except as otherwise provided, has the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the board shall establish with the consent and advice of the State Department of Education. The board shall make provision for pupils that may enter at any time during the school year. The board shall have a record kept of the advancement of all pupils in each branch of study. The board shall make rules and regulations as it deems necessary for the government and health of the pupils and devise any means as may seem best to secure the regular attendance and progress of children at school.

(2) The school board may make expenditures for supplies, equipment, travel, meals, and lodging for school programs and activities, including extracurricular and interscholastic activities, appropriate for the benefit, government, and health of pupils enrolled in the school district.

Source:Laws 1881, c. 78, subdivision V, § 3, p. 352; Laws 1883, c. 72, § 10, p. 293; Laws 1901, c. 61, § 1, p. 433; R.S.1913, § 6783; Laws 1919, c. 151, § 1, p. 339; C.S.1922, § 6324; C.S.1929, § 79-503; R.S.1943, § 79-503; Laws 1945, c. 202, § 1, p. 611; Laws 1949, c. 256, § 82, p. 719; R.S.1943, (1994), § 79-443; Laws 1996, LB 900, § 279; Laws 1997, LB 347, § 15; Laws 2014, LB967, § 5.    


Cross References

Annotations

79-527. Dropouts; report to Commissioner of Education; attendance reports.

(1) The superintendent or head administrator of a public school district or a nonpublic school system shall annually report to the Commissioner of Education in such detail and on such date as required by the commissioner the number of students who have dropped out of school. School districts that are members of learning communities shall also provide the learning community coordinating council with a copy of such report on or before the date the report is due to the commissioner.

(2) The superintendent of a public school district shall report on a quarterly basis to the Commissioner of Education as directed by the commissioner regarding individual student information on attendance.

Source:Laws 1965, c. 520, § 2, p. 1646; Laws 1989, LB 487, § 2; Laws 1991, LB 511, § 34; Laws 1992, LB 245, § 39; R.S.1943, (1994), § 79-449.01; Laws 1996, LB 900, § 280; Laws 2003, LB 67, § 5;    Laws 2006, LB 1024, § 51;    Laws 2010, LB800, § 36;    Laws 2010, LB1070, § 5;    Laws 2013, LB410, § 6.    


79-527.01. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-528. Reports; filing requirements; contents.

(1)(a) On or before July 20 in all school districts, the superintendent shall file with the State Department of Education a report showing the number of children from five through eighteen years of age belonging to the school district according to the census taken as provided in sections 79-524 and 79-578. On or before August 31, the department shall issue to each learning community coordinating council a report showing the number of children from five through eighteen years of age belonging to the learning community based on the member school districts according to the school district reports filed with the department.

(b) Each Class I school district which is part of a Class VI school district offering instruction (i) in grades kindergarten through five shall report children from five through ten years of age, (ii) in grades kindergarten through six shall report children from five through eleven years of age, and (iii) in grades kindergarten through eight shall report children from five through thirteen years of age.

(c) Each Class VI school district offering instruction (i) in grades six through twelve shall report children who are eleven through eighteen years of age, (ii) in grades seven through twelve shall report children who are twelve through eighteen years of age, and (iii) in grades nine through twelve children who are fourteen through eighteen years of age.

(d) Each Class I district which has affiliated in whole or in part shall report children from five through thirteen years of age.

(e) Each Class II, III, IV, or V district shall report children who are fourteen through eighteen years of age residing in Class I districts or portions thereof which have affiliated with such district.

(f) The board of any district neglecting to take and report the enumeration shall be liable to the school district for all school money which such district may lose by such neglect.

(2) On or before June 30 the superintendent of each school district shall file with the Commissioner of Education a report described as an end-of-the-school-year annual statistical summary showing (a) the number of children attending school during the year under five years of age, (b) the length of time the school has been taught during the year by a qualified teacher, (c) the length of time taught by each substitute teacher, and (d) such other information as the Commissioner of Education directs. On or before July 31, the commissioner shall issue to each learning community coordinating council an end-of-the-school-year annual statistical summary for the learning community based on the member school districts according to the school district reports filed with the commissioner.

(3)(a) On or before November 1 the superintendent of each school district shall submit to the Commissioner of Education a report described as the annual financial report showing (i) the amount of money received from all sources during the year and the amount of money expended by the school district during the year, (ii) the amount of bonded indebtedness, (iii) such other information as shall be necessary to fulfill the requirements of the Tax Equity and Educational Opportunities Support Act and section 79-1114, and (iv) such other information as the Commissioner of Education directs.

(b) On or before December 15, the commissioner shall issue to each learning community coordinating council an annual financial report for the learning community based on the member school districts according to the annual financial reports filed with the commissioner, showing (i) the aggregate amount of money received from all sources during the year for all member school districts and the aggregate amount of money expended by member school districts during the year, (ii) the aggregate amount of bonded indebtedness for all member school districts, (iii) such other aggregate information as shall be necessary to fulfill the requirements of the Tax Equity and Educational Opportunities Support Act and section 79-1114 for all member school districts, and (iv) such other aggregate information as the Commissioner of Education directs for all member school districts.

(4)(a) On or before October 15 of each year, the superintendent of each school district shall file with the commissioner the fall school district membership report, which report shall include the number of children from birth through twenty years of age enrolled in the district on the last Friday in September of a given school year. The report shall enumerate (i) students by grade level, (ii) school district levies and total assessed valuation for the current fiscal year, (iii) students enrolled in the district as option students, resident students enrolled in another district as option students, students enrolled in the district as open enrollment students, and resident students enrolled in another district as open enrollment students, and (iv) such other information as the Commissioner of Education directs.

(b) On or before October 15 of each year prior to 2017, each learning community coordinating council shall issue to the department a report which enumerates the learning community levies pursuant to subdivision (2)(b) of section 77-3442 and total assessed valuation for the current fiscal year.

(c) On or before November 15 of each year, the department shall issue to each learning community coordinating council the fall learning community membership report, which report shall include the aggregate number of children from birth through twenty years of age enrolled in the member school districts on the last Friday in September of a given school year for all member school districts. The report shall enumerate (i) the aggregate students by grade level for all member school districts, (ii) school district levies and total assessed valuation for the current fiscal year, (iii) students enrolled in the district as option students, resident students enrolled in another district as option students, students enrolled in the district as open enrollment students, and resident students enrolled in another district as open enrollment students, and (iv) such other information as the Commissioner of Education directs for all member school districts.

(d) When any school district fails to submit its fall membership report by November 1, the commissioner shall, after notice to the district and an opportunity to be heard, direct that any state aid granted pursuant to the Tax Equity and Educational Opportunities Support Act be withheld until such time as the report is received by the department. In addition, the commissioner shall direct the county treasurer to withhold all school money belonging to the school district until such time as the commissioner notifies the county treasurer of receipt of such report. The county treasurer shall withhold such money.

Source:Laws 1881, c. 78, subdivision IV, § 16, p. 350; Laws 1885, c. 79, § 1, p. 323; Laws 1889, c. 78, § 12, p. 547; R.S.1913, § 6779; C.S.1922, § 6320; C.S.1929, § 79-417; R.S.1943, § 79-419; Laws 1949, c. 256, § 90, p. 723; Laws 1959, c. 391, § 1, p. 1346; Laws 1969, c. 706, § 4, p. 2710; Laws 1977, LB 487, § 1; Laws 1978, LB 874, § 1; Laws 1979, LB 187, § 230; Laws 1985, LB 662, § 32; Referendum 1986, No. 400; Laws 1989, LB 487, § 3; Laws 1990, LB 1090, § 6; Laws 1990, LB 1059, § 36; Laws 1991, LB 511, § 35; Laws 1992, LB 245, § 40; Laws 1992, LB 1001, § 16; Laws 1994, LB 858, § 6; Laws 1994, LB 1310, § 3; R.S.1943, (1994), § 79-451; Laws 1996, LB 900, § 281; Laws 1997, LB 269, § 59; Laws 1997, LB 806, § 27; Laws 1998, Spec. Sess., LB 1, § 13; Laws 1999, LB 272, § 73;    Laws 1999, LB 813, § 11;    Laws 2001, LB 797, § 13;    Laws 2003, LB 67, § 6;    Laws 2003, LB 394, § 6;    Laws 2006, LB 1024, § 52;    Laws 2007, LB641, § 9;    Laws 2009, LB549, § 20;    Laws 2010, LB1070, § 6;    Laws 2016, LB1067, § 28.    


Cross References

79-529. Failure to file annual financial report; use of other reports.

(1) When the superintendent of a school district fails to file the annual financial report on or before the date required by subdivision (3)(a) of section 79-528, the State Department of Education shall use the annual financial report from the immediately preceding fiscal year for purposes of the Tax Equity and Educational Opportunities Support Act.

(2) For purposes of the final calculation of state aid pursuant to section 79-1065, the annual financial report for the most recently available complete data year shall be used.

Source:Laws 2013, LB410, § 22.    


Cross References

79-530. Parental involvement; legislative findings.

The Legislature finds and declares:

(1) That parental involvement is a key factor in the education of children;

(2) That parents need to be informed of the educational practices affecting their children; and

(3) That public schools should foster and facilitate parental information about and involvement in educational practices affecting their children.

It is the intent of the Legislature, through the enactment of sections 79-531 to 79-533, to strengthen the level of parental involvement and participation in the public school system of the state.

Source:Laws 1994, LB 1161, § 1; R.S.1943, (1994), § 79-4,242; Laws 1996, LB 900, § 283.


79-531. Parental involvement; public school district; adopt policy.

On or before July 1, 1995, each public school district in the state shall develop and adopt a policy stating how the district will seek to involve parents in the schools and what parents' rights shall be relating to access to the schools, testing information, and curriculum matters.

Source:Laws 1994, LB 1161, § 2; R.S.1943, (1994), § 79-4,243; Laws 1996, LB 900, § 284.


79-532. Parental involvement; policy; contents.

The policy required by section 79-531 shall include, but need not be limited to, the following:

(1) How the school district will provide access to parents concerning textbooks, tests, and other curriculum materials used in the school district;

(2) How the school district will handle requests by parents to attend and monitor courses, assemblies, counseling sessions, and other instructional activities;

(3) Under what circumstances parents may ask that their children be excused from testing, classroom instruction, and other school experiences the parents may find objectionable;

(4) How the school district will provide access to records of students;

(5) What the school district's testing policy will be; and

(6) How the school district participates in surveys of students and the right of parents to remove their children from such surveys.

Source:Laws 1994, LB 1161, § 3; R.S.1943, (1994), § 79-4,244; Laws 1996, LB 900, § 285.


79-533. Parental involvement; policy; hearing; review.

The policy required by section 79-531 shall be developed with parental input and shall be the subject of a public hearing before the school board or board of education of the school district before adoption by the board. The policy shall be reviewed annually and either altered and adopted as altered or reaffirmed by the board following a public hearing.

Source:Laws 1994, LB 1161, § 4; R.S.1943, (1994), § 79-4,245; Laws 1996, LB 900, § 286.


79-534. Class III school district; board of education.

All Class III school districts shall be under the direction and control of the boards of education elected pursuant to section 32-543.

Source:Laws 1881, c. 78, subdivision XIV, § 2, p. 378; Laws 1899, c. 62, § 6, p. 292; Laws 1901, c. 63, § 7, p. 439; R.S.1913, § 6949; C.S.1922, § 6583; C.S.1929, § 79-2502; R.S.1943, § 79-2502; Laws 1949, c. 256, § 233, p. 768; Laws 1988, LB 802, § 21; Laws 1990, LB 1090, § 16; Laws 1994, LB 76, § 600; R.S.1943, (1994), § 79-802; Laws 1996, LB 900, § 287; Laws 2000, LB 1243, § 3.    


Cross References

79-535. Class V school districts; control; powers.

All Class V school districts shall be under the direction and control of the school board or board of education authorized by section 79-552. The school board or board of education may make expenditures for supplies, equipment, travel, meals, and lodging for school programs and activities, including extracurricular and interscholastic activities, appropriate for the benefit, government, and health of pupils enrolled in the school district.

Source:Laws 1891, c. 45, § 2, p. 317; Laws 1899, c. 62, § 7, p. 292; Laws 1901, c. 63, § 8, p. 440; R.S.1913, § 7008; C.S.1922, § 6639; C.S.1929, § 79-2702; R.S.1943, § 79-2702; Laws 1949, c. 256, § 249, p. 775; Laws 1990, LB 1090, § 17; R.S.1943, (1994), § 79-1001.01; Laws 1996, LB 900, § 288; Laws 2000, LB 1243, § 4;    Laws 2006, LB 1024, § 53;    Laws 2014, LB967, § 6.    


79-536. Summer school; children in school system; unsatisfactory progress; summer school sessions; curricula.

(1) Summer school means educational opportunities that, except as otherwise provided in this section, are undertaken on a voluntary basis by students who will be entering any of grades one through twelve in the next school year and are offered during the period of time between two consecutive school years.

(2) Summer school may be offered by any school district.

(3) The board of education of any school district may require children between and including the ages of six and fifteen years, regularly enrolled within the system and deemed by the school administration to be making unsatisfactory progress, to attend summer school for up to one-half of a regular school day if in the opinion of the administration they would benefit from the experience. Chief emphasis in such summer classes shall be on reading, language arts, and arithmetic and those areas of personality development especially in need of development. Teachers shall be encouraged to design new and imaginative techniques and curricula not usually used during the regular school year which in the opinion of such teachers will offer new incentives towards learning, with special emphasis on those techniques that seek to develop the students' personalities in a wholesome manner, especially developing pride, self-confidence, and self-control. Teachers of such classes shall not be assigned more than fifteen students, or more than twenty-five students if assisted full time by an aide or paraprofessional. Such students shall be graded at the end of the course upon their relative degree of striving to improve their skills, attitudes, and personalities.

Source:Laws 1969, c. 699, § 1, p. 2698; R.S.1943, (1994), § 79-1001.02; Laws 1996, LB 900, § 289; Laws 2006, LB 1024, § 54;    Laws 2011, LB235, § 3.    


79-537. Class V school district; school board; school census; duty to take.

The school board of a Class V school district shall cause to be taken an enumeration of all persons each year from birth through twenty years of age residing in the school district. It shall include such other information as is required by sections 79-524, 79-528, and 79-578, except that the information required by sections 79-524 and 79-578 as to children under five years of age may be limited to the number of children by age level and shall not include the names of all the taxpayers in the district. The board may, at its option, establish a permanent and continuing census or enumeration of school children.

Source:Laws 1891, c. 45, § 16, p. 322; R.S.1913, § 7022; C.S.1922, § 6653; C.S.1929, § 79-2716; R.S.1943, § 79-2717; Laws 1945, c. 213, § 1, p. 626; Laws 1949, c. 256, § 263, p. 779; Laws 1957, c. 354, § 1, p. 1201; Laws 1990, LB 1090, § 19; R.S.1943, (1994), § 79-1006; Laws 1996, LB 900, § 290; Laws 1999, LB 272, § 74.    


79-538. Repealed. Laws 1997, LB 347, § 59.

79-539. School board; board of education; official policy respecting personnel files and student records; rules and regulations; adopt; publish; restrictions.

The school board or board of education of each school district shall adopt and publish an official policy respecting personnel files and student records, which policy shall not conflict in any manner with the rules and regulations of the State Records Administrator adopted pursuant to the Records Management Act.

Source:Laws 1973, LB 370, § 3; R.S.1943, (1994), § 79-4,158; Laws 1996, LB 900, § 292.


Cross References

79-540. Class I school district; district meetings; challenge voter qualifications; oath.

If any person offering to vote at any Class I school district meeting is challenged as unqualified by any legal voter of such school district, the chairperson presiding at such meeting shall explain to the person challenged the qualifications of a legal voter. If such person states that he or she is qualified and the challenge is not withdrawn, the chairperson shall administer an oath, reduced to writing, in substance as follows: "You do solemnly swear (or affirm) that you are a citizen of the United States, that you are of the constitutionally prescribed age of an elector or upwards, that you are domiciled in this precinct or ward, which precinct or ward lies in whole or in part within the boundaries of this school district, and that you are registered to vote in this precinct or ward, so help you God." Every person taking such oath and signing his or her name to it shall be permitted to vote on all questions proposed at such meeting.

Source:Laws 1881, c. 78, subdivision II, § 5, p. 339; R.S.1913, § 6734; C.S.1922, § 6272; C.S.1929, § 79-205; R.S.1943, § 79-205; Laws 1949, c. 256, § 67, p. 714; Laws 1959, c. 388, § 1, p. 1343; Laws 1969, c. 712, § 3, p. 2738; Laws 1972, LB 1070, § 1; Laws 1973, LB 557, § 8; Laws 1974, LB 897, § 13; R.S.1943, (1994), § 79-428; Laws 1996, LB 900, § 293; Laws 1997, LB 345, § 20; Laws 1997, LB 347, § 16; Laws 1999, LB 813, § 12.    


Annotations

79-541. Class I school district; district elections or meetings; refusal to take oath; false oath; penalty.

If any person challenged under section 79-540 refuses to take such oath, his or her vote shall be rejected. Any person who willfully takes a false oath or makes a false affirmation under the provisions of such section shall be deemed guilty of perjury and shall, upon conviction, be fined or imprisoned as provided in section 28-915.

Source:Laws 1881, c. 78, subdivision II, § 6, p. 339; R.S.1913, § 6735; C.S.1922, § 6273; C.S.1929, § 79-206; R.S.1943, § 79-206; Laws 1949, c. 256, § 68, p. 715; Laws 1978, LB 748, § 44; R.S.1943, (1994), § 79-429; Laws 1996, LB 900, § 294.


79-542. Class I school district; district elections or meetings; voice vote; challenge.

When a vote on any question is taken in any other manner than by ballot, a challenge under section 79-540 immediately after the vote has been taken and previous to an announcement of the vote by the chair shall be deemed to be made when offering to vote and treated in the same manner. An oath shall be taken and reduced to writing as provided in such section.

Source:Laws 1881, c. 78, subdivision II, § 7, p. 340; R.S.1913, § 6736; C.S.1922, § 6274; C.S.1929, § 79-207; R.S.1943, § 79-207; Laws 1949, c. 256, § 69, p. 715; R.S.1943, (1994), § 79-430; Laws 1996, LB 900, § 295.


79-543. School board member; qualifications.

No person shall file for office, be nominated or elected, or serve as a member of a school board in any class of school district unless he or she is a legal voter in such district.

Source:Laws 1971, LB 420, § 1; R.S.1943, (1987), § 79-439.01; Laws 1994, LB 76, § 595; R.S.1943, (1994), § 79-443.01; Laws 1996, LB 900, § 296; Laws 1997, LB 345, § 21.


Cross References

79-544. School board members; contract to teach prohibited.

No member of a school board shall be engaged in a contract to teach pursuant to sections 79-817 to 79-821 with the school district which he or she serves as a board member.

Source:Laws 1881, c. 78, subdivision III, § 10, p. 345; Laws 1883, c. 72, § 5, p. 291; R.S.1913, § 6761; C.S.1922, § 6302; C.S.1929, § 79-310; R.S.1943, § 79-310; Laws 1949, c. 256, § 105, p. 727; Laws 1971, LB 214, § 1; R.S.1943, (1994), § 79-466; Laws 1996, LB 900, § 297; Laws 1999, LB 272, § 75;    Laws 2001, LB 242, § 24;    Laws 2009, LB163, § 1.    


79-545. District officers; vacancy.

Vacancies in each school district office shall occur as set forth in section 32-570 and be filled according to such section.

Source:Laws 1881, c. 78, subdivision V, § 10, p. 354; R.S.1913, § 6790; C.S.1922, § 6331; C.S.1929, § 79-510; R.S.1943, § 79-510; Laws 1949, c. 256, § 101, p. 726; Laws 1951, c. 276, § 5, p. 930; Laws 1953, c. 291, § 4, p. 990; R.S.1943, (1987), § 79-462; Laws 1994, LB 76, § 596; R.S.1943, (1994), § 79-467.01; Laws 1996, LB 900, § 298.


79-546. School board, board of education, or other governing board; reimbursement for expenses.

Except as provided in section 79-1217, all members of a school board, board of education, or other governing board created pursuant to Chapter 79 shall not receive a per diem. Each such board may provide or reimburse members for their actual and necessary expenses incurred while carrying out their duties. Mileage expenses shall be computed at the rate provided in section 81-1176. Sections 81-1174, 81-1175, and 81-1177 shall serve as guidelines for such boards when determining allowable expenses and reimbursement for such expenses.

Source:Laws 1992, LB 1001, § 13; Laws 1993, LB 239, § 2; R.S.1943, (1994), § 79-4,241; Laws 1996, LB 900, § 299.


Cross References

79-547. Class II or Class III school district; school board; board of education; members; number.

(1) Except as otherwise provided in section 79-550, the school board or board of education shall consist of the following members:

(a) In a Class II district, six members; and

(b) In a Class III district, six members.

(2) In addition to the members specified in subsection (1) of this section, such school boards or boards of education may include one or more student members selected pursuant to section 79-559.

Source:Laws 1969, c. 257, § 37, p. 951; Laws 1982, LB 440, § 2; R.S.1943, (1994), § 79-516.04; Laws 1996, LB 900, § 300; Laws 2014, LB946, § 40.    


79-548. Class I school district; change to six-member board; percentage of vote required; election; change back to three-member board; board members; election; teachers; qualifications.

The legal voters of a Class I school district having a school census of more than one hundred fifty persons may, at an annual or special meeting by a favorable vote of fifty-five percent of the persons in attendance and voting, change to a six-member school board. The district shall continue to have a six-member board until fifty-five percent of the persons in attendance and voting at an annual or special meeting vote to change to a three-member board. Board members of a six-member board shall be elected as provided in section 32-541 or as provided for in subsection (3) of section 79-565. All teachers elected by such a district must meet the same qualifications as do the teachers in Class II districts.

Source:Laws 1951, c. 276, § 10, p. 932; Laws 1957, c. 351, § 2, p. 1197; Laws 1961, c. 403, § 1, p. 1220; Laws 1994, LB 76, § 598; R.S.1943, (1994), § 79-601.01; Laws 1996, LB 900, § 301; Laws 1997, LB 345, § 22.


79-549. School board; Class III school district; members; caucus or election; procedure.

(1) The school board of any Class III school district that is a member of a learning community may place before the legal voters of the school district the issue of whether to begin to have a caucus for nominations by adopting a resolution to place the issue before the legal voters and certifying the issue to the election commissioner or county clerk prior to September 1 for placement on the ballot at the next statewide general election. The legal voters of the school district may also have the issue placed on the ballot at the statewide general election by circulating a petition and gathering the signatures of the legal voters residing within the school district at least equal to seven percent of the number of persons registered to vote in the school district at the last statewide primary election. The petitions shall be filed with the election commissioner or county clerk for signature verification on or before August 15 prior to a statewide general election. If the election commissioner or county clerk determines that the appropriate number of legal voters signed the petition, he or she shall place the issue on the ballot for the next statewide general election. The issue shall not be placed on the ballot again within four years after voting on the issue at a statewide general election.

(2) Any Class III school district that nominated school board members by caucus pursuant to this section as it existed immediately before July 14, 2006, shall continue such procedure until the legal voters of the district vote not to continue to have a caucus for nominations pursuant to subsection (3) of this section. A caucus shall be held pursuant to subsection (5) of this section not less than seventy days prior to the holding of the election to nominate two or more candidates for each vacancy to be voted upon at the election to be held in conjunction with the statewide primary election pursuant to subsection (1) of section 32-543. No candidate nominated shall have his or her name placed upon the ballot for the general election unless, not more than ten days after his or her nomination, he or she files with the secretary of the school board a written statement accepting the nomination. The secretary of the school board shall certify the names of the candidates to the election commissioner or county clerk who shall prepare the official ballot listing the names as certified and without any area designation. All legal voters residing within the school district shall be permitted to vote at such election.

(3) The school board may place before the legal voters of the school district the issue of whether to continue to have a caucus for nominations by adopting a resolution to place the issue before the legal voters and certifying the issue to the election commissioner or county clerk prior to September 1 for placement on the ballot at the next statewide general election. The legal voters of the school district may also have the issue placed on the ballot at the statewide general election by circulating a petition and gathering the signatures of the legal voters residing within the school district at least equal to seven percent of the number of persons registered to vote in the school district at the last statewide primary election. The petitions shall be filed with the election commissioner or county clerk for signature verification on or before August 15 prior to a statewide general election. If the election commissioner or county clerk determines that the appropriate number of legal voters signed the petition, he or she shall place the issue on the ballot for the next statewide general election. The issue shall not be placed on the ballot again within four years after voting on the issue at a statewide general election.

(4) If the legal voters vote not to continue to have a caucus, the school board shall determine the number of members to be nominated and elected as provided in subsection (2) of section 32-543. The terms of the members in office at the time of the vote shall be extended to the first Thursday after the first Tuesday in January after the expiration of their terms. At the first general election following the vote, a number of members receiving the greatest number of votes shall be elected for a term of four years and a number of members receiving the next greatest number of votes shall be elected for a term of two years so that approximately one-half of the school board members are elected every two years.

(5) A school district which uses a caucus for nominations shall develop rules and procedures for conducting the caucus which will ensure:

(a) Publication of the rules and procedures by multiple sources if necessary so that every resident of the school district has access to information on the process for placing a name in nomination and voting at the caucus;

(b) Facilities for voting at the caucus which comply with the federal Americans with Disabilities Act of 1990 and which will accommodate a reasonably anticipated number of legal voters;

(c) Election security which will provide for a fair and impartial election, including the secrecy of the ballot, one vote per legal voter, and only legal voters of the school district being allowed to vote;

(d) Equal access to all legal voters of the school district, including the presence of an interpreter at the caucus at the expense of the school district and ballots for the blind and visually impaired to provide access to the process by all legal voters of the school district;

(e) Adequate time and opportunity for legal voters of the school district to exercise their right to vote; and

(f) Notification of nomination to the candidates and to the secretary of the school board.

The rules and regulations shall be approved by the election commissioner or county clerk prior to use for a caucus.

Source:Laws 1953, c. 303, § 2, p. 1017; Laws 1969, c. 257, § 43, p. 955; Laws 1972, LB 661, § 85; Laws 1974, LB 435, § 1; Laws 1978, LB 632, § 9; Laws 1982, LB 440, § 3; Laws 1993, LB 348, § 25; Laws 1994, LB 76, § 601; R.S.1943, (1994), § 79-803.03; Laws 1996, LB 900, § 302; Laws 1997, LB 345, § 23; Laws 1997, LB 346, § 6; Laws 1997, LB 764, § 111; Laws 2006, LB 1024, § 55;    Laws 2014, LB946, § 41.    


79-550. Class II or III school district elections; change number of board members; resolution; contents; change manner of election.

(1) The school board of a Class II or III school district may, by resolution adopted in an odd-numbered year, provide for a change in the number of members on the school board to a minimum of five members and a maximum of nine members to be effective at the beginning of the term of office for school board members elected at the next statewide general election. The school board shall include in the resolution:

(a) A statement of the change in number of members to be added to or eliminated from the school board;

(b) A statement that the change does not take effect until the beginning of the term of office for school board members elected at the next statewide general election;

(c) If the members are not nominated or elected by district or ward in the school district:

(i) If the change in number adds members to the school board, a statement of the number of members to be elected at the next statewide general election, including the members whose terms are expiring and the additional members, and the number of such members to be elected to four-year terms and the number of such members to be elected to two-year terms so that approximately one-half of the total number of members are elected at each statewide general election. The members receiving the highest number of votes shall be elected to four-year terms, and the members receiving the next highest number of votes shall be elected to two-year terms; and

(ii) If the change in number decreases the number of members on the school board, a statement of the number of members to be elected at the next statewide general election, if any, and at the subsequent statewide general election, if necessary, and the number of such members to be elected at such elections to four-year terms and the number of such members to be elected at such elections to two-year terms so that approximately one-half of the total number of members are elected at each statewide general election. The members receiving the highest number of votes shall be elected to four-year terms, and the members receiving the next highest number of votes shall be elected to two-year terms; and

(d) If the members are nominated or elected by district or ward in the school district:

(i) The changes to the boundaries of districts or wards;

(ii) A statement that the changes to the boundaries are effective for purposes of nominating or electing, as applicable, members to the school board beginning with the next statewide primary and general elections but that the changes in boundaries are not effective for purposes of representation until the beginning of the term of office for school board members elected at the next statewide general election;

(iii) A statement of which districts or wards, as changed, are on the ballot at the next statewide primary or general election, as applicable, and whether the members elected from such districts or wards are being elected for four-year terms or two-year terms;

(iv) A statement specifying the newly established districts which each member will represent for the remainder of his or her term, if necessary;

(v) If the change in number adds members to the school board, a statement of the number of members to be elected at the next statewide general election, including the members whose terms are expiring and the additional members, and the districts or wards of such members to be elected to four-year terms and the districts or wards of such members to be elected to two-year terms so that approximately one-half of the total number of members are elected at each statewide general election; and

(vi) If the change in number decreases the number of members on the school board, a statement of the number of members to be elected at the next statewide general election, if any, and at the subsequent statewide general election, if necessary, and the districts or wards of such members to be elected at such elections to four-year terms and the districts or wards of such members to be elected at such elections to two-year terms so that approximately one-half of the total number of members are elected at each statewide general election.

(2) If the members of the school board of a Class III school district are nominated and elected by district or ward, the board may by resolution provide for the nomination of the members by district or ward and the election of the members at large. If the members are nominated by district or ward and elected at large, the board may by resolution provide for the nomination and election of the members by district or ward.

(3) Any Class III school district which has a nine-member school board on January 1, 2015, may continue to have a nine-member school board without complying with the requirements of this section.

Source:Laws 1974, LB 592, § 8; Laws 1981, LB 303, § 4; Laws 1994, LB 76, § 602; R.S.1943, (1994), § 79-803.11; Laws 1996, LB 900, § 303; Laws 1997, LB 595, § 5; Laws 2014, LB946, § 42.    


79-551. Class IV school district; board of education; members; election; student member.

The board of education of a Class IV school district shall consist of seven members and also may include a nonvoting student member or members selected pursuant to section 79-559. Voting members shall be elected as provided in section 32-544. Voting members of the board shall begin the duties of their office on the third Monday of the month in which they are elected.

Source:Laws 1978, LB 457, § 1; Laws 1979, LB 305, § 1; Laws 1981, LB 303, § 5; Laws 1982, LB 688, § 1; Laws 1982, LB 440, § 4; Laws 1985, LB 244, § 2; Laws 1994, LB 76, § 603; R.S.1943, (1994), § 79-902.01; Laws 1996, LB 900, § 304.


Cross References

79-552. Class V school district; board of education; members; election by district; procedure; qualifications.

The board of education of a Class V school district shall consist of twelve members until the fourth Monday after the date in 2013 of the election held pursuant to section 14-201 and shall consist of nine members thereafter. One member shall be elected from each district pursuant to section 32-545. Each elected member shall be a resident of the district for at least six months prior to the election. Each candidate for election to and each member of the board of education shall be a taxpayer in and a resident of the district of such school district as designated pursuant to section 32-552.

Source:Laws 1891, c. 45, § 5, p. 318; Laws 1909, c. 131, § 1, p. 476; R.S.1913, § 7011; Laws 1915, c. 125, § 1, p. 285; C.S.1922, § 6642; C.S.1929, § 79-2705; Laws 1939, c. 106, § 1, p. 470; C.S.Supp.,1941, § 79-2705; R.S.1943, § 79-2705; Laws 1949, c. 256, § 251, p. 775; Laws 1969, c. 259, § 68, p. 1000; Laws 1975, LB 423, § 1; Laws 1981, LB 446, § 31; Laws 1982, LB 440, § 5; Laws 1994, LB 76, § 604; R.S.1943, (1994), § 79-1003; Laws 1996, LB 900, § 305; Laws 2002, LB 935, § 17;    Laws 2013, LB125, § 6.    


Cross References

79-553. Class VI school district; board of education; members; election.

The governing body of each Class VI school district shall be a board consisting of a president, a vice president, a secretary, a treasurer, and two other voting members, to be elected as provided in section 32-546, and also may include one or more nonvoting student members selected pursuant to section 79-559.

Source:Laws 1901, c. 64, § 5, p. 442; R.S.1913, § 6806; Laws 1915, c. 118, § 1, p. 269; Laws 1917, c. 122, § 1, p. 299; C.S.1922, §§ 6377, 6378; C.S.1929, §§ 79-805, 79-806; R.S.1943, § 79-806; Laws 1949, c. 256, § 296, p. 790; Laws 1972, LB 661, § 86; Laws 1972, LB 1314, § 1; Laws 1973, LB 413, § 1; Laws 1981, LB 303, § 7; Laws 1982, LB 440, § 6; Laws 1989, LB 499, § 1; Laws 1991, LB 511, § 56; Laws 1992, LB 245, § 61; Laws 1994, LB 76, § 605; R.S.1943, (1994), § 79-1103; Laws 1996, LB 900, § 306.


Cross References

79-554. Class I, II, III, or VI school district; school board; quorum; meetings; open to public.

In all meetings of a school board of a Class I, II, III, or VI school district, a majority of the members shall constitute a quorum for the transaction of business. Regular meetings shall be held on or before the third Monday of every month. All meetings of the board shall be subject to the Open Meetings Act. Special meetings may be called by the president or any two members, but all members shall have notice of the time and place of meeting. If a school district is participating in an approved unified system as provided in section 79-4,108, regular meetings of such district's school board shall be held at least twice during the school year.

Source:Laws 1881, c. 78, subdivision V, § 1, p. 352; Laws 1885, c. 79, § 1, p. 324; R.S.1913, § 6781; C.S.1922, § 6322; C.S.1929, § 79-501; R.S.1943, § 79-501; Laws 1949, c. 256, § 78, p. 719; Laws 1972, LB 1268, § 1; Laws 1973, LB 429, § 1; Laws 1980, LB 735, § 1; Laws 1988, LB 812, § 2; Laws 1990, LB 1109, § 1; Laws 1991, LB 689, § 1; Laws 1991, LB 836, § 32; R.S.1943, (1994), § 79-439; Laws 1996, LB 900, § 307; Laws 2003, LB 67, § 7;    Laws 2004, LB 821, § 25.    


Cross References

Annotations

79-555. Class III school district; board of education; meetings; when held.

The regular meetings of the board of education of a Class III school district shall be held as provided in section 79-554. Special meetings may be held as circumstances may demand, and all meetings of the board shall be open to the public.

Source:Laws 1881, c. 78, subdivision XIV, § 6, p. 379; R.S.1913, § 6953; C.S.1922, § 6587; C.S.1929, § 79-2506; R.S.1943, § 79-2508; Laws 1947, c. 291, § 1, p. 903; Laws 1949, c. 256, § 238, p. 770; Laws 1961, c. 402, § 2, p. 1218; Laws 1965, c. 525, § 1, p. 1656; Laws 1972, LB 1268, § 2; Laws 1982, LB 892, § 1; R.S.1943, (1994), § 79-805; Laws 1996, LB 900, § 308.


79-556. Class I school district; annual school meeting; time; place; school year.

The annual school meeting of each Class I school district shall be held at the schoolhouse, if there is one, or at some other suitable place within the district on or before the second Monday of August of each year. The officers elected as provided in sections 79-472 and 79-565 shall take possession of the office to which they have been elected at the first meeting of the board following its election, and the school year shall commence with that day.

Source:Laws 1881, c. 78, subdivision II, § 1, p. 338; Laws 1885, c. 79, § 1, p. 322; Laws 1889, c. 78, § 2, p. 542; R.S.1913, § 6730; Laws 1915, c. 115, § 1, p. 265; C.S.1922, § 6268; C.S.1929, § 79-201; R.S.1943, § 79-201; Laws 1949, c. 256, § 185, p. 752; Laws 1969, c. 723, § 1, p. 2753; Laws 1971, LB 292, § 15; Laws 1973, LB 430, § 1; Laws 1976, LB 757, § 1; Laws 1978, LB 874, § 3; R.S.1943, (1994), § 79-501; Laws 1996, LB 900, § 309; Laws 1999, LB 813, § 13;    Laws 2005, LB 126, § 41;    Referendum 2006, No. 422.


Cross References

Annotations

79-557. Class I school districts; special school meetings; how called; notice; limitation upon transaction of business.

Special meetings of Class I school districts may be called by the school board by majority vote, or by any one of the members of such board, on the written request of legal voters of the district equal in number to at least ten percent of those voting at the last general election for Governor in the district by giving the notice required in section 79-558. When so requested, the board or the member receiving such request shall call the meeting. In all notices of special meetings, the object of the meeting shall be stated and no business shall be transacted at such meetings except such as is mentioned in the call.

Source:Laws 1881, c. 78, subdivision II, § 2, p. 338; R.S.1913, § 6731; C.S.1922, § 6269; C.S.1929, § 79-902; R.S.1943, § 79-202; Laws 1949, c. 256, § 186, p. 752; Laws 1963, c. 487, § 1, p. 1558; R.S.1943, (1994), § 79-502; Laws 1996, LB 900, § 310; Laws 1999, LB 813, § 14.    


Annotations

79-558. Class I school districts; annual or special meetings; notice; change of schoolhouse site; building, purchase, or lease of schoolhouse.

All notices of annual or special meetings of Class I school districts shall state the day, hour, and place of meeting, which place shall be within the district, and shall be given at least five days previous to such meeting by posting copies of the notice in three public places within the district. No annual meeting shall be deemed illegal for want of such notice. No schoolhouse site shall be changed and no taxes shall be voted for building, purchase, or lease of a schoolhouse at any district meeting unless notices have been given of such meeting as provided in this section, including the fact that such subjects will be considered at such meeting.

Source:Laws 1881, c. 78, subdivision II, § 3, p. 338; Laws 1905, c. 130, § 1, p. 552; R.S.1913, § 6732; C.S.1922, § 6270; C.S.1929, § 79-203; R.S.1943, § 79-203; Laws 1949, c. 256, § 187, p. 753; R.S.1943, (1994), § 79-503; Laws 1996, LB 900, § 311; Laws 1999, LB 813, § 15.    


Annotations

79-559. Class II, III, IV, or VI school district; school board or board of education; student member; term; qualifications.

(1) The school board or board of education of any Class II, III, IV, or VI school district may include at least one nonvoting member who is a public high school student from the district. If the board elects to include such a nonvoting student member, the student member shall serve for a term of one year, beginning on September 1, and shall be the student body or student council president, the senior class representative, or a representative elected from and by the entire student body, as designated by the voting members of the board.

(2) Any nonvoting student member of the board has the privilege of attending all open meetings of the board but shall be excluded from executive sessions.

Source:Laws 1982, LB 440, § 1; R.S.1943, (1994), § 79-547.02; Laws 1996, LB 900, § 312; Laws 2013, LB125, § 7.    


79-560. Class IV school district; board of education; meetings; open to public.

The board of education of a Class IV school district shall hold one or more regular meetings each month, the time of which shall be fixed by the bylaws adopted by such board. Special meetings may be held as circumstances may demand. All meetings of the board shall be subject to the Open Meetings Act.

Source:Laws 1917, c. 225, § 6, p. 551; Laws 1921, c. 60, § 1, p. 243; C.S.1922, § 6615; C.S.1929, § 79-2606; R.S.1943, § 79-2606; Laws 1949, c. 256, § 210, p. 760; R.R.S.1943, § 79-523; Laws 1971, LB 450, § 2; Laws 1972, LB 1268, § 3; Laws 1990, LB 1109, § 2; R.S.1943, (1994), § 79-906; Laws 1996, LB 900, § 313; Laws 2004, LB 821, § 26.    


Cross References

79-561. Class V school district; board of education; meetings; open to public.

The regular meetings of the board of education of a Class V school district shall be held one or more times each month. Special meetings may be held as circumstances may demand at the call of the president of the board or on petition of a majority of the members of the board. All meetings of the board shall be subject to the Open Meetings Act.

Source:Laws 1891, c. 45, § 6, p. 319; R.S.1913, § 7012; C.S.1922, § 6643; C.S.1929, § 79-2706; R.S.1943, § 79-2706; Laws 1949, c. 256, § 252, p. 776; Laws 1972, LB 1268, § 4; Laws 1988, LB 812, § 3; Laws 1990, LB 1109, § 3; R.S.1943, (1994), § 79-1003.01; Laws 1996, LB 900, § 314; Laws 2004, LB 821, § 27.    


Cross References

79-562. Class V school district; board of education; meetings; quorum; attendance, how compelled; absence; effect.

A majority of all the members of a board of education of a Class V school district shall constitute a quorum, but a less number in attendance at any regular meeting shall have and a quorum at any special meeting may have power to compel the attendance of absent members in such manner and under such penalties as each board prescribes. The absence of any member from four consecutive regular meetings of the board, unless on account of sickness or by consent of the board, shall vacate his or her position on the board. Such facts shall be passed upon by the board of education and spread upon its records.

Source:Laws 1891, c. 45, § 14, p. 322; R.S.1913, § 7013; C.S.1922, § 6644; C.S.1929, § 79-2707; R.S.1943, § 79-2707; Laws 1949, c. 256, § 253, p. 776; R.S.1943, (1994), § 79-1003.02; Laws 1996, LB 900, § 315.


79-563. Class VI school district; school board; meetings.

Regular meetings of the school board of a Class VI school district shall be held on or before the third Monday of each month, but special meetings may be held from time to time as circumstances may demand. All meetings of the board shall be open to the public unless otherwise specially ordered.

Source:Laws 1973, LB 412, § 1; R.S.1943, (1994), § 79-1111; Laws 1996, LB 900, § 316; Laws 2001, LB 797, § 14.    


79-564. Class II or III school district; school board; officers; elect.

At the first meeting of each school board or board of education elected in a Class II or III school district, and annually thereafter, the board shall elect from among its members a president and vice president. The board shall also elect a secretary who need not be a member of the board. If the secretary is a member of the board, an assistant secretary may be named and his or her duties and compensation set by the board.

Source:Laws 1969, c. 257, § 39, p. 953; Laws 1973, LB 557, § 9; R.S.1943, (1994), § 79-516.06; Laws 1996, LB 900, § 317.


79-565. Class I school district; school district officers; enumeration; election; term.

(1) The legal voters of every new Class I school district, when assembled pursuant to legal notice, shall elect by ballot from the legal voters of such district a president for a term of three years, a secretary for a term of two years, and a treasurer for a term of one year. At the next annual school meeting of the district and regularly thereafter, their successors shall be elected for terms of three years each. All officers elected shall hold their offices until their successors are elected or appointed and qualified.

(2) Officers of existing organized Class I districts, as referred to in subsection (1) of this section, shall continue and discharge the duties of their offices until the expiration of their terms. Their successors shall be elected for terms of three years.

(3) In any Class I district which is not within any city or village containing one hundred fifty or more children who are five through twenty years of age, candidates for the school board shall be nominated by petition of at least twenty-five legal voters of the district, which petition shall be filed with the secretary of the school board not less than fifteen days prior to the date of the annual school meeting. Legal voters at such meeting and election may cast their ballots, written or printed, between the hours of 12 noon and 8 p.m. of such date. Each year two members shall be elected for terms of three years and until their successors have been elected and qualified. The terms of members of the school board in such a district shall begin on the second Monday of September, and on such date the members of the board shall elect a president, a treasurer, and a secretary from their own number. Each such officer shall serve for a term of one year or until his or her successor is elected and qualified.

(4) The president, secretary, and treasurer of a district referred to in subsection (3) of this section shall (a) conduct the election or cause the election to be conducted and (b) record the names and residences of persons voting and seal, preserve, and deliver the ballots to be publicly opened and canvassed as the first order of business at the convening of the annual meeting at 8 p.m. of such day.

(5) Elections conducted pursuant to this section shall come under the jurisdiction of the Secretary of State to decide disputed points of law as provided in section 32-201.

Source:Laws 1881, c. 78, subdivision III, § 1, p. 343; R.S.1913, § 6752; C.S.1922, § 6293; C.S.1929, § 79-301; R.S.1943, § 79-301; Laws 1949, c. 256, § 228, p. 765; Laws 1953, c. 301, § 1, p. 1013; Laws 1957, c. 351, § 1, p. 1196; Laws 1959, c. 402, § 1, p. 1362; Laws 1979, LB 129, § 1; Laws 1990, LB 1090, § 14; R.S.1943, (1994), § 79-601; Laws 1996, LB 900, § 318; Laws 1997, LB 345, § 24; Laws 2003, LB 67, § 8.    


Cross References

Annotations

79-566. Class IV school district; board of education; officers; employees, selection.

The board of education of a Class IV school district shall at a regular meeting elect from outside its own members a superintendent, an associate superintendent of instruction, an associate superintendent of business affairs, a school district treasurer, and the number of employees the board of education may deem necessary for the proper conduct of the affairs of the school district at such salaries as the board of education may determine. The board may contract with them for terms not to exceed three years. The election of all officers of the board of education and all elections for filling vacancies on the board of education shall be by ballot. No person shall be declared elected unless he or she receives the vote of a majority of all the members of the board of education.

Source:Laws 1917, c. 225, § 8, p. 552; C.S.1922, § 6617; Laws 1929, c. 94, § 4, p. 354; C.S.1929, § 79-2608; Laws 1937, c. 182, § 5, p. 717; C.S.Supp.,1941, § 79-2608; R.S.1943, § 79-2608; Laws 1949, c. 269, § 1, p. 883; Laws 1949, c. 256, § 212, p. 760; Laws 1969, c. 257, § 40, p. 953; R.S.1943, (1971), § 79-525; Laws 1971, LB 450, § 4; Laws 1986, LB 84, § 1; R.S.1943, (1994), § 79-908; Laws 1996, LB 900, § 319.


79-567. Class V school district; board of education; officers and employees; selection; terms.

The members of the board of education of a Class V school district, at their regular meeting in January each year, shall elect a president and vice president from their own members, who shall serve for terms of one year or until their successors are elected and qualified. The members of the board of education may also select from outside their own members one superintendent of public schools, one secretary, one treasurer, and such other officers as the board may deem necessary for the administration of the affairs of the school district, at such salary as the board may deem just, and in their discretion they may enter into contracts with such officers for terms of not to exceed three years. The board shall have the power to elect its president and vice president and to select its officers and employees in accordance with rules adopted by the board.

Source:Laws 1891, c. 45, § 8, p. 319; Laws 1905, c. 142, § 1, p. 579; R.S.1913, § 7016; C.S.1922, § 6647; Laws 1929, c. 94, § 5, p. 354; C.S.1929, § 79-2710; Laws 1937, c. 182, § 6, p. 718; C.S.Supp.,1941, § 79-2710; R.S.1943, § 79-2710; Laws 1949, c. 271, § 2, p. 888; Laws 1949, c. 256, § 256, p. 777; Laws 1990, LB 1090, § 18; Laws 1996, LB 604, § 8; R.S.1943, (1994), § 79-1004; Laws 1996, LB 900, § 320.


79-568. Class VI school district; board of education; officers.

The board of education of a Class VI school district shall elect from its members a president, a vice president, a secretary, and a treasurer at the first regular board meeting after the newly elected board members have been sworn in and prior to conducting any other business.

Source:Laws 1996, LB 900, § 321.


79-569. Class I, II, III, IV, or VI school district; president; powers and duties.

The president of the school board of a Class I, II, III, IV, or VI school district shall: (1) Preside at all meetings of the district; (2) countersign all orders upon the treasury for money to be disbursed by the district and all warrants of the secretary on the county treasurer for money raised for district purposes or apportioned to the district by the county treasurer; (3) administer the oath to the secretary and treasurer of the district when such an oath is required by law in the transaction of the business of the district; and (4) perform such other duties as may be required by law of the president of the board. He or she is entitled to vote on any issue that may come before any meeting. If the president of the school board of a Class I school district is absent from any district meeting, the legal voters present may elect a suitable person to preside at the meeting.

Source:Laws 1881, c. 78, subdivision IV, § 1, p. 345; Laws 1901, c. 63, § 5, p. 439; Laws 1909, c. 120, § 1, p. 460; R.S.1913, § 6763; C.S.1922, § 6304; C.S.1929, § 79-401; R.S.1943, § 79-401; Laws 1949, c. 256, § 91, p. 723; R.S.1943, (1994), § 79-452; Laws 1996, LB 900, § 322; Laws 1997, LB 345, § 25; Laws 1999, LB 272, § 76;    Laws 2009, LB549, § 21.    


Cross References

Annotations

79-570. Class I, II, III, IV, or VI school district; president; meetings; maintenance of order.

If at any district meeting of a Class I, II, III, IV, or VI school district any person conducts himself or herself in a disorderly manner and persists in such conduct after notice by the president or person presiding, the president or person presiding may order such person to withdraw from the meeting and, if the person refuses, may order any person or persons to take such person into custody until the meeting is adjourned.

Source:Laws 1881, c. 78, subdivision IV, § 2, p. 345; R.S.1913, § 6764; C.S.1922, § 6305; C.S.1929, § 79-402; R.S.1943, § 79-402; Laws 1949, c. 256, § 92, p. 724; Laws 1988, LB 1030, § 51; R.S.1943, (1994), § 79-453; Laws 1996, LB 900, § 323.


79-571. Class I, II, III, IV, or VI school district; meetings; disorderly conduct; penalty.

Any person who refuses to withdraw from such meeting on being so ordered as provided in section 79-570 or who willfully disturbs such meeting shall be guilty of a Class V misdemeanor.

Source:Laws 1881, c. 78, subdivision IV, § 3, p. 346; R.S.1913, § 6765; C.S.1922, § 6306; C.S.1929, § 79-403; R.S.1943, § 79-403; Laws 1949, c. 256, § 93, p. 724; Laws 1977, LB 39, § 249; R.S.1943, (1994), § 79-454; Laws 1996, LB 900, § 324.


79-572. Class I, II, III, IV, or VI school district; president; actions for or against district; appearance required.

The president of a Class I, II, III, IV, or VI school district shall appear for and on behalf of the district in all suits brought by or against the district.

Source:Laws 1881, c. 78, subdivision IV, § 7, p. 347; R.S.1913, § 6769; C.S.1922, § 6310; C.S.1929, § 79-407; R.S.1943, § 79-407; Laws 1949, c. 256, § 94, p. 724; R.S.1943, (1994), § 79-455; Laws 1996, LB 900, § 325.


Annotations

79-573. Class V school district; school board; president; duties.

The president of the school board of a Class V school district shall preside at all meetings of the board, appoint all committees when appointment is not otherwise provided for, and sign all warrants ordered by the board to be drawn upon the treasurer of the school district for school money.

Source:Laws 1891, c. 45, § 9, p. 320; R.S.1913, § 7017; C.S.1922, § 6648; C.S.1929, § 79-2711; R.S.1943, § 79-2712; Laws 1949, c. 256, § 257, p. 777; R.S.1943, (1994), § 79-1004.01; Laws 1996, LB 900, § 326; Laws 2001, LB 797, § 15.    


79-574. Class V school district; school elections; notice; duty of president to give.

For at least ten days prior to an election in a Class V school district, the president of the board of education shall publish his or her proclamation to the legal voters of the school district in at least one daily newspaper of general circulation in the school district, setting forth the time when and place or places where such election will be held and a full and complete statement of the officers, bond proposition, or question of expenditure to be voted on at the election.

Source:Laws 1891, c. 45, § 29(1), p. 328; R.S.1913, § 7036; C.S.1922, § 6667; C.S.1929, § 79-2730; R.S.1943, § 79-2734; Laws 1949, c. 256, § 269, p. 782; R.S.1943, (1994), § 79-1007.05; Laws 1996, LB 900, § 327; Laws 1997, LB 345, § 26.


79-575. Secretary; disbursements; how made.

The secretary of a school district shall draw and sign all orders upon the treasurer for all money to be disbursed by the district and all warrants upon the county treasurer for money raised for district purposes or apportioned to the district by the county treasurer and shall present the same to the president to be countersigned. No warrant, check, or other instrument drawn upon bank depository funds of the district shall be issued until so countersigned. No warrant, check, or other instrument drawn upon bank depository funds of the district shall be countersigned by the president until the amount for which it is drawn is written upon its face. Facsimile signatures of board members may be used, and a person or persons delegated by the board may sign and validate all warrants, checks, and other instruments drawn upon bank depository funds of the district.

Source:Laws 1881, c. 78, subdivision IV, § 16, p. 350; Laws 1883, c. 72, § 8, p. 292; R.S.1913, § 6778; C.S.1922, § 6319; C.S.1929, § 79-416; R.S.1943, § 79-418; Laws 1949, c. 256, § 89, p. 722; Laws 1955, c. 315, § 6, p. 976; Laws 1980, LB 734, § 1; R.S.1943, (1994), § 79-450; Laws 1996, LB 900, § 328; Laws 1999, LB 272, § 77;    Laws 2009, LB392, § 9.    


Annotations

79-576. Class I, II, III, IV, or VI school district; secretary; duty as clerk of board.

The secretary of a Class I, II, III, IV, or VI school district shall be clerk of the school board and of all meetings when present, but if he or she is not present, the school board may appoint a clerk for the time being, who shall certify the proceedings to the secretary to be recorded by him or her.

Source:Laws 1881, c. 78, subdivision IV, § 9, p. 348; R.S.1913, § 6771; C.S.1922, § 6312; C.S.1929, § 79-409; R.S.1943, § 79-409; Laws 1949, c. 256, § 95, p. 724; Laws 1996, LB 604, § 6; R.S.1943, (1994), § 79-456; Laws 1996, LB 900, § 329; Laws 1997, LB 345, § 27; Laws 2016, LB1066, § 5.    


Annotations

79-577. Class I, II, III, IV, or VI school district; secretary; books, records, and reports; duty to preserve.

The secretary of a Class I, II, III, IV, or VI school district shall (1) record all proceedings of the district in a book furnished by the district to be kept for that purpose, (2) preserve copies of all reports, and (3) safely preserve and keep all books and papers belonging to the office.

Source:Laws 1881, c. 78, subdivision IV, § 10, p. 348; R.S.1913, § 6772; C.S.1922, § 6313; C.S.1929, § 79-410; R.S.1943, § 79-410; Laws 1949, c. 256, § 96, p. 724; R.S.1943, (1994), § 79-457; Laws 1996, LB 900, § 330; Laws 1999, LB 272, § 78.    


Annotations

79-578. Class I, II, III, IV, or VI school district; secretary; school census; duty to take; time allowed.

The secretary of a Class I, II, III, IV, or VI school district shall take, or cause to be taken by some person appointed for the purpose by a majority vote of the school board, the census of the school district and then make or cause to be made a list in writing of the names of all the children belonging to such district, from birth through twenty years of age, together with the names of all the taxpayers in the district. A copy of the list, verified by oath of the person taking such census or by affidavit appended to or endorsed on the list, setting forth that it is a correct list of the names of all children belonging in the district from birth through twenty years of age and that it reflects such information as of June 30, shall be maintained as provided in section 79-524.

Source:Laws 1881, c. 78, subdivision IV, § 12, p. 349; Laws 1889, c. 78, § 10, p. 546; R.S.1913, § 6774; C.S.1922, § 6315; C.S.1929, § 79-412; Laws 1931, c. 139, § 1, p. 385; C.S.Supp.,1941, § 79-412; R.S.1943, § 79-412; Laws 1949, c. 256, § 97, p. 724; Laws 1955, c. 315, § 7, p. 977; Laws 1957, c. 346, § 1, p. 1189; Laws 1967, c. 534, § 1, p. 1769; Laws 1976, LB 587, § 1; Laws 1978, LB 874, § 2; Laws 1990, LB 1090, § 7; Laws 1991, LB 511, § 36; Laws 1992, LB 245, § 41; R.S.1943, (1994), § 79-458; Laws 1996, LB 900, § 331; Laws 1999, LB 272, § 79.    


Annotations

79-579. Class I, II, III, IV, or VI school district; district officers; disputes over orders; county attorney; duty to investigate; mandamus.

Whenever a secretary or president of the school board of a Class I, II, III, IV, or VI school district refuses to sign orders on the treasurer or the treasurer thinks best to refuse the payment of orders drawn upon him or her, the difficulty shall be referred for adjudication to the county attorney, who shall proceed at once to investigate the matter. If the county attorney finds that the officer complained of refuses through contumacy or for insufficient reasons, the county attorney, on behalf of the district, shall apply to the proper court for a writ of mandamus to compel the officer to perform his or her duty.

Source:Laws 1881, c. 78, subdivision III, § 11, p. 345; R.S.1913, § 6762; C.S.1922, § 6303; C.S.1929, § 79-311; R.S.1943, § 79-311; Laws 1949, c. 256, § 106, p. 727; R.S.1943, (1994), § 79-467; Laws 1996, LB 900, § 332; Laws 1999, LB 272, § 80.    


Annotations

79-580. Class I, II, III, and VI school district; board of education; claims against; record of proceedings; secretary; duty to publish.

The secretary of the school board or board of education of each Class I, II, III, and VI school district having an annual budget of one hundred thousand dollars or more shall, within ten days after any regular or special meeting of the board, publish one time in a legal newspaper published in or of general circulation in such district a list of the claims, arising on contract or tort, allowed at the meeting. The list shall set forth the name of the claimant and the amount and nature of the claim allowed, to consist of not more than ten words in stating the nature of each such claim. The secretary shall likewise cause to be published a concise summary of all other proceedings of such meetings. Publication of such claims or proceedings in a legal newspaper shall not be required unless the publication can be done at an expense not exceeding the rates provided by law for the publication of proceedings of county boards.

Source:Laws 1972, LB 1255, § 1; R.S.1943, (1994), § 79-552; Laws 1996, LB 900, § 333.


Annotations

79-581. Class I, II, III, or VI school district; publication of claims and summary of proceedings; noncompliance by secretary; penalty.

The secretary of any school board or board of education of a Class I, II, III, or VI school district failing or neglecting to comply with the provisions of section 79-580 shall be guilty of a Class V misdemeanor. In the discretion of the court, the judgment of conviction may provide for the removal from office of such secretary for such failure or neglect.

Source:Laws 1947, c. 274, § 2, p. 879; R.S.Supp.,1947, § 79-604.02; Laws 1949, c. 256, § 198, p. 755; Laws 1977, LB 39, § 254; R.S.Supp.,1980, § 79-514; R.S.1943, (1994), § 79-703.01; Laws 1996, LB 900, § 334; Laws 1997, LB 347, § 17.


79-582. Class IV school district; secretary of the board of education; duties.

The secretary of the board of education of a Class IV school district shall (1) be present at all meetings of the board of education, (2) keep an accurate journal of its proceedings, and (3) perform all other duties the board of education may require.

Source:Laws 1917, c. 225, § 11, p. 552; C.S.1922, § 6620; C.S.1929, § 79-2611; R.S.1943, § 79-2611; Laws 1949, c. 269, § 2, p. 884; Laws 1949, c. 256, § 213, p. 761; R.S.1943, (1971), § 79-526; Laws 1971, LB 450, § 5; Laws 1986, LB 84, § 2; R.S.1943, (1994), § 79-909; Laws 1996, LB 900, § 335.


79-583. Class V school district; school board; secretary; oath; bond; duties.

The secretary of the school board of a Class V school district shall be present at all meetings of the board, keep an accurate journal of the proceedings, take charge of its books and documents, countersign all warrants for school money drawn upon the treasurer of the school district by order of the board, and perform all other duties the board may require. Before entering into the discharge of his or her duties the secretary of the board shall give bond in the sum of not less than ten thousand dollars, with good and sufficient sureties, and shall take and subscribe an oath or affirmation before a proper officer that he or she will support the Constitution of Nebraska and faithfully perform the duties of his or her office.

Source:Laws 1891, c. 45, § 11, p. 320; R.S.1913, § 7019; C.S.1922, § 6650; C.S.1929, § 79-2713; R.S.1943, § 79-2714; Laws 1949, c. 256, § 259, p. 778; Laws 1951, c. 284, § 1, p. 950; R.S.1943, (1994), § 79-1004.03; Laws 1996, LB 900, § 336; Laws 2001, LB 797, § 16.    


79-584. Class V school district; board of education; disbursements; how made; accounts; audit.

All accounts of a Class V school district shall be audited by the secretary of the board of education and approved by a committee to be named the committee on claims. No expenditures greater than one thousand dollars shall be voted by the board, except in accordance with the provisions of a written contract, and no money shall be appropriated out of the school fund except on a recorded affirmative vote of a majority of all the members of the board. All money belonging to the school district in the hands of the county treasurer shall be accounted for and disbursed directly to the board of education in accordance with section 23-1601.

Source:Laws 1891, c. 45, § 15, p. 322; Laws 1903, c. 97, § 1, p. 555; R.S.1913, § 7021; C.S.1922, § 6652; C.S.1929, § 79-2715; R.S.1943, § 79-2716; Laws 1949, c. 271, § 3, p. 889; Laws 1949, c. 256, § 262, p. 779; Laws 1996, LB 604, § 10; R.S.1943, (1994), § 79-1005; Laws 1996, LB 900, § 337.


79-585. Class VI school district; board of education; assistant secretary; compensation.

The school board in a Class VI school district shall select an assistant secretary, who shall not be a member of the board, at a salary to be fixed by the board.

Source:Laws 1949, c. 256, § 298, p. 792; R.S.1943, (1994), § 79-1104; Laws 1996, LB 900, § 338.


79-586. Class I, II, III, IV, or VI school district; treasurer; bond or insurance; filing; failure to give; effect.

The treasurer of each Class I, II, III, IV, or VI school district shall, within ten days after his or her election, execute to the county and file with the secretary a bond or evidence of equivalent insurance coverage of not less than five hundred dollars in any instance and not more than double the amount of money, as nearly as can be ascertained, to come into his or her hands as treasurer at any one time, which bond shall be signed by either a personal surety or a surety company or companies of recognized responsibility as surety or sureties, to be approved by the president and secretary, conditioned for the faithful discharge of the duties of the office. The bond when approved or evidence of equivalent insurance coverage shall be filed by the secretary in the office of the county treasurer of the county in which the school district is situated. If the treasurer fails to execute such bond or provide evidence of such insurance coverage, the office shall be declared vacant by the school board or board of education and the board shall immediately appoint a treasurer who shall be subject to the same conditions and possess the same powers as if elected to that office. The treasurer shall have no power or authority to withdraw or disburse the money of the district prior to filing the bond or evidence of equivalent insurance coverage provided for in this section.

Source:Laws 1881, c. 78, subdivision IV, § 4, p. 346; Laws 1883, c. 72, § 6, p. 291; R.S.1913, § 6766; C.S.1922, § 6307; C.S.1929, § 79-404; R.S.1943, § 79-404; Laws 1949, c. 256, § 98, p. 725; Laws 1959, c. 392, § 1, p. 1348; Laws 1975, LB 103, § 2; R.S.1943, (1994), § 79-459; Laws 1996, LB 900, § 339; Laws 2005, LB 380, § 1.    


Annotations

79-587. Class I, II, III, IV, or VI school district; treasurer; district funds; receipt and disbursement.

The treasurer of each Class I, II, III, IV, or VI school district shall apply for and receive from the county treasurer all school money apportioned to or collected for the district by the county treasurer, upon order of the secretary countersigned by the president. The treasurer shall pay out all money received by him or her, on the order of the secretary countersigned by the president of such district.

Source:Laws 1881, c. 78, subdivision IV, § 5, p. 346; R.S.1913, § 6767; C.S.1922, § 6308; C.S.1929, § 79-405; R.S.1943, § 79-405; Laws 1949, c. 256, § 99, p. 725; R.S.1943, (1994), § 79-460; Laws 1996, LB 900, § 340.


Annotations

79-588. Class I, II, III, IV, or VI school district; treasurer; records and reports required; delivery upon expiration of office.

The treasurer of a Class I, II, III, IV, or VI school district shall keep a record in which the treasurer shall enter all the money received and disbursed by him or her, specifying particularly (1) the source from which money has been received, (2) to what fund it belongs, and (3) the person or persons to whom and the object for which the same has been paid out. The treasurer shall present to the district, at each annual meeting, a report in writing containing a statement of all money received during the preceding year and of the disbursement made with the items of such disbursements and exhibit the vouchers therefor. At the close of the treasurer's term of office, he or she shall settle with the school board and shall hand over to his or her successor the records and all receipts, vouchers, orders, and papers coming into his or her hands as treasurer of the district, together with all money remaining in his or her hands as such treasurer.

Source:Laws 1881, c. 78, subdivision IV, § 6, p. 347; R.S.1913, § 6768; C.S.1922, § 6309; C.S.1929, § 79-406; R.S.1943, § 79-406; Laws 1949, c. 256, § 100, p. 726; R.S.1943, (1994), § 79-461; Laws 1996, LB 900, § 341; Laws 1999, LB 272, § 81.    


Annotations

79-589. Board of education; Class III school district outside of city or village or more than one-half of district within a city of metropolitan class; treasurer; bond or insurance; duties.

In a Class III school district which lies outside of the corporate limits of any city or village or of which more than one-half is geographically within a city of the metropolitan class, the board of education shall elect one of its members, other than the secretary, as treasurer of the school district and the provisions of section 79-590 shall not apply to the selection of a treasurer of such a district. The treasurer shall prepare and submit in writing a monthly report of the state of the finances of the district and pay school money only upon warrants signed by the president of the board or, in the president's absence, by the vice president, and countersigned by the secretary. The treasurer shall give a bond or evidence of equivalent insurance coverage payable to the school district in such sum as may be fixed by the board. Such bond shall be signed by one or more surety companies of recognized responsibility. The cost of such bond or insurance coverage shall be paid by the school district.

Source:Laws 1953, c. 303, § 4, p. 1017; Laws 1973, LB 408, § 1; R.S.1943, (1994), § 79-803.05; Laws 1996, LB 900, § 342; Laws 2005, LB 380, § 2.    


79-590. Class III school district; board of education; treasurer; duties; bond or insurance; compensation.

The board of education of a Class III school district may employ a treasurer for such district who shall be paid a salary, to be fixed by the board, of not to exceed one thousand two hundred dollars per annum. If the board does not employ such a treasurer, the city treasurer or deputy city treasurer of the city which is within such district shall be ex officio treasurer of the school district. He or she shall attend all meetings of the board when required so to do, prepare and submit in writing a monthly report of the state of the district's finances, and pay school money only upon warrants signed by the president of the board or, in the president's absence, by the vice president, and countersigned by the secretary. If the city treasurer or his or her deputy acts as ex officio treasurer of the school district, he or she shall be paid for such services by the school district a sum to be fixed by the board. The treasurer of such district, or the city treasurer or deputy city treasurer acting as ex officio treasurer, shall give a bond or evidence of equivalent insurance coverage payable to the county in such sum as may be fixed by the board of education. Such bond shall be signed by one or more surety companies of recognized responsibility. The cost of such bond or insurance coverage shall be paid by the school district.

Source:Laws 1881, c. 78, subdivision XIV, § 13, p. 381; Laws 1883, c. 72, § 22, p. 299; Laws 1899, c. 59, § 4, p. 287; R.S.1913, § 6960; C.S.1922, § 6594; C.S.1929, § 79-2513; R.S.1943, § 79-2515; Laws 1949, c. 256, § 242, p. 771; Laws 1953, c. 305, § 1, p. 1020; Laws 1963, c. 488, § 1, p. 1559; R.S.1943, (1994), § 79-809; Laws 1996, LB 900, § 343; Laws 2005, LB 380, § 3.    


Cross References

79-591. Class IV school district; treasurer; duties; reports; bond or insurance.

The treasurer of a Class IV school district shall (1) attend all meetings of the board of education when required to do so by the board of education, (2) prepare and submit in writing a monthly report of the state of the finances of the district, (3) pay out school money only upon warrants signed by the president or vice president and countersigned by the associate superintendent of business affairs, and (4) give a bond or evidence of equivalent insurance coverage payable to the school district in a sum fixed by the board of education.

Source:Laws 1917, c. 225, § 13, p. 553; C.S.1922, § 6622; C.S.1929, § 79-2613; R.S.1943, § 79-2613; Laws 1949, c. 269, § 4, p. 885; Laws 1949, c. 256, § 215, p. 761; R.S.1943, (1971), § 79-528; Laws 1971, LB 450, § 7; Laws 1986, LB 84, § 4; R.S.1943, (1994), § 79-911; Laws 1996, LB 900, § 344; Laws 2005, LB 380, § 4.    


79-592. Class V school district; treasurer; bond or insurance; duties.

The treasurer of a Class V school district shall receive all taxes of the school district from the county treasurer. The treasurer of the school district shall attend all meetings of the board of education of the Class V district when required to do so, shall prepare and submit in writing a monthly report of the state of the district's finances, and shall pay school money either upon a warrant signed by the president, or in the president's absence by the vice president, and countersigned by the secretary or upon a check or other instrument drawn upon bank depository funds of the school district. The treasurer shall also perform such other duties as designated by the board of education. Before entering into the discharge of his or her duties and during the entire time he or she so serves, the treasurer shall give bond or evidence of equivalent insurance coverage payable to the board in such amount as may be required by the board, but in no event less than two hundred thousand dollars, conditioned for the faithful discharge of his or her duties as treasurer of the school district, for the safekeeping and proper disbursement of all funds and money of the school district received by the treasurer. Such bond shall be signed by one or more surety companies of recognized responsibility, to be approved by the board. The cost of the bond or insurance shall be paid by the school district. Such bond or insurance coverage may be enlarged at any time the board may deem an enlargement or additional bond or insurance coverage to be necessary.

Source:Laws 1891, c. 45, § 12, p. 321; Laws 1903, c. 96, § 1, p. 553; R.S.1913, § 7020; C.S.1922, § 6651; C.S.1929, § 79-2714; R.S.1943, § 79-2715; Laws 1947, c. 297, § 1, p. 912; Laws 1949, c. 256, § 260, p. 778; Laws 1996, LB 604, § 9; R.S.1943, (1994), § 79-1004.04; Laws 1996, LB 900, § 345; Laws 2005, LB 380, § 5;    Laws 2009, LB392, § 10.    


Annotations

79-593. Class V school district; board of education; vice president; duties.

The vice president of the board of education of a Class V school district shall perform all the duties of the president in case of the president's absence or disability.

Source:Laws 1891, c. 45, § 10, p. 320; R.S.1913, § 7018; C.S.1922, § 6649; C.S.1929, § 79-2712; R.S.1943, § 79-2713; Laws 1949, c. 256, § 258, p. 778; R.S.1943, (1994), § 79-1004.02; Laws 1996, LB 900, § 346.


79-594. Class II, III, IV, or VI school district; superintendent; appointment; salary; term.

The school board in a Class II, III, IV, or VI school district may also elect at any regular meeting one superintendent of public instruction with such salary as the board deems best and may enter into contract with him or her at its discretion, for a term not to exceed three years.

Source:Laws 1881, c. 78, § 8, p. 379; Laws 1883, c. 72, § 20, p. 298; Laws 1899, c. 66, § 1, p. 295; Laws 1903, c. 93, § 1, p. 546; R.S.1913, § 6955; C.S.1922, § 6589; Laws 1929, c. 94, § 3, p. 353; C.S.1929, § 79-2508; Laws 1937, c. 182, § 4, p. 716; C.S.Supp.,1941, § 79-2508; R.S.1943, § 79-2519; Laws 1949, c. 256, § 206, p. 758; R.S.1943, (1994), § 79-519; Laws 1996, LB 900, § 347; Laws 1997, LB 345, § 28.


Cross References

79-595. Class IV school district; associate superintendent of business affairs; duties.

The associate superintendent of business affairs of a Class IV school district shall (1) take charge of the books and documents of the board of education, (2) countersign all warrants for school money, (3) apply for and receive school funds from the county treasurer or other persons to whom such funds are payable by law and deposit the funds with the treasurer of the board, and (4) perform all such other duties as the board may require.

Source:Laws 1996, LB 900, § 348.


79-596. Class IV school district; associate superintendent of business affairs; bond.

Before entering upon his or her duties, the associate superintendent of business affairs of a Class IV school district shall give a bond payable to the school district in such sum as the board of education may fix, but not less than five thousand dollars, and shall take and subscribe the usual oath of office. The board of education may require any other officer or employee to give a bond in such an amount as it may deem necessary. The cost of all bonds shall be paid by the school district and shall be approved by the board of education.

Source:Laws 1917, c. 225, § 12, p. 553; C.S.1922, § 6621; C.S.1929, § 79-2612; R.S.1943, § 79-2612; Laws 1949, c. 269, § 3, p. 884; Laws 1949, c. 256, § 214, p. 761; R.S.1943, (1971), § 79-527; Laws 1971, LB 450, § 6; Laws 1986, LB 84, § 3; R.S.1943, (1994), § 79-910; Laws 1996, LB 900, § 349.


79-597. Class IV school district; accounts; audit; disbursements; how made.

All accounts of a Class IV school district shall be audited by the associate superintendent of business affairs, approved by the chairperson of the board of education, and countersigned by one other member of the board of education. No expenditure greater than one thousand dollars shall be voted by the board of education except in accordance with the provisions of a written contract. No money shall be appropriated out of school funds except on a recorded affirmative vote of a majority of all the members of the board of education.

Source:Laws 1917, c. 225, § 15, p. 553; Laws 1921, c. 60, § 2, p. 243; C.S.1922, § 6624; C.S.1929, § 79-2615; R.S.1943, § 79-2615; Laws 1949, c. 269, § 5, p. 885; Laws 1949, c. 256, § 216, p. 761; R.S.1943, (1971), § 79-529; Laws 1971, LB 450, § 8; Laws 1986, LB 84, § 5; R.S.1943, (1994), § 79-912; Laws 1996, LB 900, § 350.


79-598. Pupils; instruction in another district; contracts authorized; contents; cost per pupil; determination; transportation; attendance reports; noncompliance penalties; dissolution of district.

(1) The school board of any public school district in this state, when authorized by a majority of the votes cast at any annual or special meeting, shall (a) contract with the board of any neighboring public school district or districts for the instruction of all or any part of the pupils residing in the first named district in the school or schools maintained by the neighboring public school district or districts for a period of time not to exceed two years and (b) make provision for the transportation of such pupils to the school or schools of the neighboring public school district or districts.

(2) The school board of any public school district may also, when petitioned to do so by at least two-thirds of the parents residing in the district having children of school age who will attend school under the contract plan, (a) contract with the board of any neighboring public school district or districts for the instruction of all or any part of the pupils residing in the first named district in the school or schools maintained by the neighboring public school district or districts for a period of time not to exceed two years and (b) make provision for the transportation of such pupils to the school or schools of the neighboring public school district or districts.

(3) The contract price for instruction referred to in subsections (1) and (2) of this section shall be the cost per pupil for the immediately preceding school year or the current year, whichever appears more practical as determined by the board of the district which accepts the pupils for instruction. The cost per pupil shall be determined by dividing the sum of the operational cost and debt service expense of the accepting district, except retirement of debt principal, plus three percent of the insurable or present value of the school plant and equipment of the accepting district, by the average daily membership of pupils in the accepting district. Payment of the contract price shall be made in equal installments at the beginning of the first and second semesters.

(4) All the contracts referred to in subsections (1) and (2) of this section shall be in writing, and copies of all such contracts shall be filed in the office of the superintendent of the primary high school district on or before August 15 of each year. School districts thus providing instruction for their children in neighboring districts shall be considered as maintaining a school as required by law. The teacher of the school providing the instruction shall keep a separate record of the attendance of all pupils from the first named district and make a separate report to the secretary of that district. The board of every sending district contracting under this section shall enter into contracts with school districts of the choice of the parents of the children to be educated under the contract plan. Any school district failing to comply with this section shall not be paid any funds from the state apportionment of school funds while such violation continues.

(5) The State Committee for the Reorganization of School Districts may dissolve any district (a) failing to comply with this section, (b) in which the votes cast at an annual or special election on the question of contracting with a neighboring district are evenly divided, or (c) in which the governing body of the district is evenly divided in its vote on the question of contracting pursuant to subsection (2) of this section. The state committee shall dissolve and attach to a neighboring district or districts any school district which, for two consecutive years, contracts for the instruction of its pupils, except that when such dissolution will create extreme hardships on the pupils or the district affected, the State Board of Education may, on application by the school board of the district, waive the requirements of this subsection. The dissolution of any school district pursuant to this section shall be effected in the manner prescribed in section 79-498.

Source:Laws 1897, c. 64, § 1, p. 311; R.S.1913, § 6944; C.S.1922, § 6526; C.S.1929, § 79-2103; R.S.1943, § 79-2112; Laws 1945, c. 212, § 1, p. 625; Laws 1947, c. 287, § 1, p. 896; Laws 1949, c. 256, § 124, p. 733; Laws 1951, c. 280, § 1, p. 944; Laws 1953, c. 291, § 5, p. 990; Laws 1953, c. 298, § 2, p. 1006; Laws 1955, c. 313, § 1, p. 966; Laws 1955, c. 314, § 1, p. 968; Laws 1955, c. 315, § 8, p. 977; Laws 1959, c. 393, § 1, p. 1349; Laws 1959, c. 386, § 2, p. 1337; Laws 1961, c. 401, § 1, p. 1215; Laws 1965, c. 521, § 1, p. 1647; Laws 1967, c. 535, § 1, p. 1770; Laws 1967, c. 536, § 1, p. 1773; Laws 1969, c. 709, § 3, p. 2724; Laws 1971, LB 292, § 10; Laws 1989, LB 30, § 4; Laws 1989, LB 487, § 4; R.S.1943, (1994), § 79-486; Laws 1996, LB 900, § 351; Laws 1999, LB 272, § 82;    Laws 2003, LB 67, § 9;    Laws 2009, LB549, § 22.    


Cross References

Annotations

79-599. Pupil; attend school in adjoining state; application; contents.

In counties which are contiguous to the boundary line of this state, the parent or legal guardian of any pupil authorized or required to attend any of grades kindergarten through twelve may apply for authority for such pupil to attend school in a district in an adjoining state. Such application shall be made on or before August 15 of each year to the school board or board of education of the school district in which the parent or guardian resides and shall specify the district in the adjoining state to which the parent or guardian seeks to send the pupil. The application also shall state whether any of the following conditions exists: (1) The pupil lives nearer an attendance center in the proposed receiving district than in the district of residence; (2) natural barriers such as rivers cause transportation difficulties within the district of residence; (3) road conditions from the pupil's home to the school in the proposed receiving district are better than to the school in the district of residence; (4) travel time would be less to the school in the proposed receiving district; or (5) educational advantages for the pupil exist in the proposed receiving district.

Source:Laws 1971, LB 469, § 1; R.S.1943, (1994), § 79-4,106.01; Laws 1996, LB 900, § 352.


79-5,100. Pupil; attend school in adjoining state; application; procedure; authorization, when.

Upon receipt of an application pursuant to section 79-599, the school board or board of education shall inquire of the proposed receiving district if it is willing to receive the pupil. If the proposed receiving district is willing to do so, the school which the pupil would attend is accredited, and the conditions of section 79-5,101 have been met, the board may authorize such attendance.

Source:Laws 1971, LB 469, § 2; R.S.1943, (1994), § 79-4,106.02; Laws 1996, LB 900, § 353.


79-5,101. Pupil; attend school in adjoining state; reciprocity required.

No application for attendance of a pupil in a school of another state pursuant to sections 79-599 to 79-5,103 shall be approved unless such state has in force an act which the State Board of Education determines to be similar to such sections.

Source:Laws 1971, LB 469, § 3; R.S.1943, (1994), § 79-4,106.03; Laws 1996, LB 900, § 354.


79-5,102. Pupil; attend school in adjoining state; tuition; payment by sending district.

When any school board or board of education authorizes attendance at a school in an adjoining state pursuant to sections 79-599 to 79-5,103, the sending district shall pay to the receiving district tuition for each pupil for each day the pupil is actually enrolled in the receiving district up to one hundred eighty-five days per year. The daily rate of tuition shall be equal to the amount of the actual per pupil per day operating expense of the receiving district for the preceding school year.

Source:Laws 1971, LB 469, § 4; R.S.1943, (1994), § 79-4,106.04; Laws 1996, LB 900, § 355.


79-5,103. Pupil; attend school in adjoining state; records; costs; determination.

The State Board of Education shall have access to the records of the receiving district in an adjoining state in order to verify the amount charged by the receiving district, and the state board of education of an adjoining state sending students to a district in this state shall have similar access to the records of a receiving district in this state. When necessary, the Commissioner of Education shall confer with the head of the department of education of an adjoining state to establish uniform methods of determining costs pursuant to sections 79-599 to 79-5,103. The Commissioner of Education also may prescribe forms to be used for applications pursuant to section 79-599 and shall assist school boards and boards of education in carrying out the provisions of sections 79-599 to 79-5,103.

Source:Laws 1971, LB 469, § 5; R.S.1943, (1994), § 79-4,106.05; Laws 1996, LB 900, § 356.


79-5,104. Class II or III school district; tuition of pupil attending school outside of district; payment, when.

The school board or board of education of any Class II or III school district may, in its discretion, pay the regular school tuition for any pupil residing in such school district and attending a school outside such school district when, in the opinion of the board, the best interests of the pupil or the school district may so require.

Source:Laws 1955, c. 317, § 1, p. 982; R.S.1943, (1994), § 79-516.01; Laws 1996, LB 900, § 357.


79-5,105. Class III, IV, or V school district; children residing on federal property; contracts with federal government for instruction; supervisory services of districts; maintenance and operation of schools.

If the board of education of a Class III, IV, or V school district finds it desirable that children of school age or any grade or grades thereof residing on federal property situated in the vicinity of a city of the metropolitan class be given instruction outside the boundaries of such district of the character provided by law for children within the district, under the direction and control of the board of education and that the same is not detrimental to the interests of the school district, the board of education may enter into a contract with the federal government or any agency thereof to provide supervisory services in the construction of school facilities and to maintain and operate schools for the children of residents of such federal installations.

Source:Laws 1957, c. 350, § 1, p. 1194; R.S.1943, (1994), § 79-544; Laws 1996, LB 900, § 358.


79-5,106. Class III, IV, or V school district; children residing on federal property; contracts with federal government for instruction; effect of existing available facilities.

The provisions of giving instructions outside a Class III, IV, or V school district as provided in section 79-5,105 shall not apply where existing facilities are now available.

Source:Laws 1957, c. 350, § 2, p. 1195; R.S.1943, (1994), § 79-545; Laws 1996, LB 900, § 359.


79-5,107. Class II or VI school district; board of education; student's attendance at accredited junior, junior-senior, or senior high school; payment of tuition.

The board of education of any Class VI school district formerly organized as a rural high school district or the school board of any Class II district may pay tuition based on the actual per pupil cost of the receiving district for any junior high, junior-senior high, or senior high school pupil residing in the district to attend an accredited junior high, junior-senior high, or senior high school outside such district when such facilities are located closer to the residence of the pupil than the school maintained by such district and when in the opinion of the board the best interest of such pupil or such school district may so require.

Source:Laws 1953, c. 319, § 1, p. 1052; Laws 1955, c. 322, § 1, p. 997; Laws 1967, c. 548, § 1, p. 1812; R.S.Supp.,1967, § 79-1103.04; Laws 1969, c. 725, § 1, p. 2759; R.S.1943, (1994), § 79-550; Laws 1996, LB 900, § 360.


79-5,108. Board of education of Class VI school district; student's attendance at accredited high school outside of state; payment of tuition; when; appeal.

(1) When the parent or guardian of a student subject to the provisions of this section applies in writing, the board of education of any Class VI school district maintaining an accredited high school may pay the regular high school tuition or such portion thereof as may be agreed upon by the respective governing bodies for any student residing in such school district and attending a school district outside this state when such high school outside this state is located at least ten miles closer to the place of residence of such student than the school maintained by such Class VI school district and when, in the opinion of the board of education, the best interest of such student or such Class VI school district may so require.

(2) Any parent or guardian of such student who is aggrieved by a decision of the board of education may appeal such decision to the State Board of Education, the decision of which shall be binding.

Source:Laws 1969, c. 711, § 2, p. 2735; Laws 1976, LB 920, § 1; Laws 1981, LB 165, § 1; Laws 1991, LB 207, § 2; Laws 1992, Third Spec. Sess., LB 19, § 1; R.S.1943, (1994), § 79-1103.05; Laws 1996, LB 900, § 361.


Annotations

79-601. Pupils; public or private schools; transportation; buses; conditions; purchase; use; State Department of Education; duties.

The school board or board of education of any public school district may, when authorized by a majority vote of the members of such board, purchase out of the general fund of the district a school bus or buses for the purpose of providing transportation facilities for school children to and from school and to and from all school-related activities. The school board or board of education of any public school district providing such transportation facilities for children attending public schools shall also provide transportation without cost for children who attend nonprofit private schools which are approved for continued legal operation under rules and regulations established by the State Board of Education pursuant to subdivision (5)(c) of section 79-318. Such transportation shall be provided for only such children attending nonprofit private schools who reside in a district which provides transportation to public school students, and such transportation shall extend only from some point on the regular public school route nearest or most easily accessible to their homes to and from a point on the regular public school route nearest or most easily accessible to the school or schools attended by such children. The governing body of such nonprofit private school, on a form to be provided by the State Department of Education, shall certify to the public school district the names, addresses, and days of school attendance of children transported and such other information useful in operating the transportation facility as may be required by rules established by the State Board of Education. Transportation shall be provided for nonprofit private school children only at times when transportation is being provided for public school children.

The school board or board of education of any public school district may enter into a contract with a municipality or county pursuant to section 13-1208.

Source:Laws 1947, c. 301, § 2, p. 918; R.S.Supp.,1947, § 79-2113.02; Laws 1949, c. 256, § 125, p. 734; Laws 1965, c. 522, § 1, p. 1650; Laws 1975, LB 522, § 1; Laws 1981, LB 85, § 3; R.S.1943, (1994), § 79-487; Laws 1996, LB 900, § 362.


Annotations

79-602. Pupil transportation vehicles; inspections; correction of defects.

All school boards, the governing authorities of any nonpublic schools in this state, and all independent contractors who or which provide student transportation services for such boards and governing authorities and for military installations shall cause all pupil transportation vehicles used for the transportation of students to be inspected before school opens in the fall and each eighty days during that part of the year when school is in session by a motor vehicle mechanic appointed by the board or governing authority having jurisdiction over such students, except that any pupil transportation vehicle that has been inspected under rules and regulations of the Public Service Commission shall be exempted from the provisions of this section. The mechanic shall thoroughly inspect every vehicle used for the transportation of students as to brakes, lights, windshield wipers, window glass, tires, doors, heaters, defrosting equipment, steering gear, exhaust system, and the mechanical condition of every part of such pupil transportation vehicle to ensure compliance with the minimum allowable safety criteria established pursuant to section 79-607 and subdivision (12) of section 79-318. Within five days after such inspection, the mechanic shall make a report of his or her inspection in writing on regular forms provided by the State Department of Education which shall show if the vehicle met the minimum allowable safety criteria for use. Any item not meeting such criteria shall be brought into compliance prior to the vehicle being used to transport students. One copy of the mechanic's report shall be filed with the board or governing authority and, if the school contracts with an independent contractor to provide transportation services, one copy with the independent contractor. The chief administrative officer of each school district shall annually certify, by a written verification statement, to the State Department of Education that the inspections required pursuant to this section have been performed. Such verification statement shall be sent to the department no later than June 30.

In addition to the inspection requirements prescribed in this section, the driver of each pupil transportation vehicle shall make daily inspections of such vehicle to ensure that all lights and equipment are fully operational or repaired before his or her daily route. Reports of such daily inspections shall be kept by the driver in the vehicle and filed weekly with the head mechanic or administrator in charge of the transportation system. If the inspection reveals any significant defect in the lights or equipment, the driver shall immediately report the defect to the head mechanic or administrator in charge of the transportation system.

Source:Laws 1947, c. 304, § 1, p. 922; R.S.Supp.,1947, § 79-2113.03; Laws 1949, c. 256, § 126, p. 734; Laws 1959, c. 394, § 1, p. 1352; Laws 1965, c. 523, § 1, p. 1651; Laws 1971, LB 292, § 11; Laws 1973, LB 358, § 1; Laws 1977, LB 39, § 250; Laws 1980, LB 743, § 2; Laws 1982, LB 933, § 1; Laws 1987, LB 538, § 3; Laws 1994, LB 1310, § 4; R.S.1943, (1994), § 79-488; Laws 1996, LB 900, § 363; Laws 1999, LB 813, § 16;    Laws 2001, LB 36, § 1;    Laws 2003, LB 67, § 10;    Laws 2013, LB222, § 33.    


Cross References

79-603. Pupil transportation vehicles; safety features; violations; penalty.

Any person who violates any provision of section 79-602 or who drives, moves, or causes or knowingly permits to be moved on any highway any vehicle or vehicles which exceed the limitations as to the safety features provided in such section for which a penalty is not elsewhere provided shall be guilty of a Class III misdemeanor.

For purposes of this section, highway shall have the meaning provided in section 60-624.

Source:Laws 1993, LB 370, § 479; R.S.1943, (1994), § 79-488.01; Laws 1996, LB 900, § 364.


79-604. Pupils; transportation; buses; routes, posting with signs.

The Department of Transportation shall post on state highways signs reading: Unlawful to pass school buses stopped to load or unload children. These signs shall be adequate in size and number to properly inform the public. School districts may obtain and post such signs on other bus route roads upon the approval of appropriate county officials. The Department of Transportation may furnish such signs at cost to school districts.

Source:Laws 1959, c. 396, § 2, p. 1355; R.S.1943, (1994), § 79-488.03; Laws 1996, LB 900, § 365; Laws 2017, LB339, § 271.    
Operative Date: July 1, 2017


79-605. Nonresident pupils; transportation; schedule of fees; applicability of section.

Except as otherwise provided in this section, any school board may authorize the use of buses belonging to the school district for the transportation of school children residing outside such district. A fee sufficient to pay the additional costs of such transportation shall be charged each person so transported. The board shall prepare a schedule of all such fees charged, and a copy of such schedule shall be filed in the office of the superintendent of the primary high school district. This section shall not apply to an agreement for transportation entered into pursuant to section 79-241.

Source:Laws 1959, c. 394, § 2, p. 1352; Laws 1991, LB 207, § 1; Laws 1993, LB 348, § 20; R.S.1943, (1994), § 79-488.04; Laws 1996, LB 900, § 366; Laws 1999, LB 272, § 83.    


Cross References

79-606. Sale of school bus; alteration required; violation; penalty.

When any vehicle with a manufacturer's rated seating capacity of eleven or more passengers used for transportation of students is sold and used for any other purpose than for transportation of students, such vehicle shall be painted a distinct color other than that prescribed by the State Board of Education and the stop arms and system of alternately flashing warning signal lights on such vehicle shall be removed. It shall be the purchaser's responsibility to see that the modifications required by this section are made. Any person violating this section shall be guilty of a Class V misdemeanor and, upon conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars.

Source:Laws 1963, c. 459, § 1, p. 1487; Laws 1971, LB 292, § 12; Laws 1974, LB 863, § 10; Laws 1981, LB 316, § 2; Laws 1988, LB 1142, § 5; R.S.1943, (1994), § 79-488.05; Laws 1996, LB 900, § 367; Laws 2009, LB549, § 23.    


79-607. Pupil transportation vehicles; State Board of Education; rules and regulations; violations; penalty.

The State Board of Education shall adopt and promulgate rules and regulations for operators of pupil transportation vehicles as to physical and mental qualities, driving skills and practices, and knowledge of traffic laws, rules, and regulations which relate to school bus transportation. Such traffic rules and regulations shall by reference be made a part of any such contract with a school district. Any officer or employee of any school district who violates any of the traffic rules or regulations or fails to include obligations to comply with the traffic rules and regulations in any contract executed by him or her on behalf of a school district may be guilty of a Class V misdemeanor and may, upon conviction thereof, be subject to removal from office or employment. Any person operating a school bus under contract with a school district who fails to comply with any of such traffic rules and regulations may be guilty of breach of contract, and such person may be dismissed or such contract may be canceled after notice and hearing by such school district.

Source:Laws 1996, LB 900, § 368; Laws 2016, LB1066, § 6.    


Annotations

79-608. Students; transportation; buses; operator; requirements; violation; penalty.

(1) Any person, before operating a school bus, including any school bus which transports students by direct contract with the students or their parents and not owned by or under contract with the school district or nonpublic school, shall submit himself or herself to (a) an examination, to be conducted by a driver's license examiner of the Department of Motor Vehicles, to determine his or her qualifications to operate such bus and (b) an examination by a licensed physician to determine whether or not he or she meets the physical and mental standards established pursuant to section 79-607 and shall furnish to the school board or board of education or the governing authority of a nonpublic school and to the Director of Motor Vehicles a written report of each such examination on standard forms prescribed by the State Department of Education, signed by the person conducting the same, showing that he or she is qualified to operate a school bus and that he or she meets the physical and mental standards. If the Director of Motor Vehicles determines that the person is so qualified and meets such standards, the director shall issue to the person a special school bus operator's permit, which shall expire each year on the date of birth of the holder, in such form as the director prescribes. No contract shall be entered into until such permit has been received and exhibited to the school board or the governing authority of a nonpublic school. The holder of such permit shall have it on his or her person at all times while operating a school bus.

(2) It shall be unlawful for any person operating a school bus to be or remain on duty for a longer period than sixteen consecutive hours. When any person operating a bus has been continuously on duty for sixteen hours, he or she shall be relieved and not be permitted or required to again go on duty without having at least ten consecutive hours' rest off duty, and no such operator, who has been on duty sixteen hours in the aggregate in any twenty-four-hour period, shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty.

(3) Any person violating this section shall be guilty of a Class V misdemeanor. His or her contract with the school district shall be canceled as provided in section 79-607.

Source:Laws 1963, c. 460, § 1, p. 1488; Laws 1965, c. 523, § 3, p. 1653; Laws 1971, LB 292, § 13; Laws 1973, LB 358, § 2; Laws 1977, LB 39, § 251; Laws 1989, LB 285, § 142; Laws 1990, LB 980, § 35; R.S.1943, (1994), § 79-488.06; Laws 1996, LB 900, § 369; Laws 2009, LB549, § 24.    


Annotations

79-609. Pupils; transportation; buses; capacity; instruction in safe riding practice; emergency evacuation drills; occupant protection system; operator wear.

(1) The school board or board of education, after consultation with a member of the Nebraska State Patrol, shall determine the number of passengers that may be safely transported in each bus.

(2)(a) Any company or agency that provides transportation of pupils by school bus and contracts directly with the pupils or their parents, (b) the school board or board of education of the public schools, and (c) the governing authority of any private, denominational, or parochial school in this state shall provide, at least twice during each school year to each pupil who is transported in a school bus, instruction in safe riding practice and participation in emergency evacuation drills.

(3) The operator of a school bus equipped with an occupant protection system as defined in section 60-6,265 shall wear such system whenever the vehicle is in motion.

Source:Laws 1965, c. 523, § 2, p. 1652; Laws 1974, LB 863, § 11; Laws 1992, LB 958, § 11; Laws 1993, LB 370, § 480; R.S.1943, (1994), § 79-488.07; Laws 1996, LB 900, § 370.


79-610. Pupils; transportation; driver; liability policy; conditions.

When a school board or board of education employs a driver to transport the pupils from their homes to the school and return and to and from other school-sponsored activities by any means, the board shall purchase a liability insurance policy in a limit of not less than fifty thousand dollars to cover the bodily injuries of one person, one hundred thousand dollars to cover bodily injuries to more than one person in the same accident, and ten thousand dollars to cover property damage, the premium on which shall be paid out of the school district treasury. Such policy shall be conditioned for the payment of any and all damages on account of bodily injury or death, or injury to or destruction of property that may accrue to any person or persons by reason of any negligence or carelessness in transporting pupils from their homes to school and return and to and from other school-sponsored activities. Such policy may, in the discretion of the board, contain a deductible provision for up to one thousand dollars of any claim, in which event the school district shall be considered a self-insurer for that amount.

Source:Laws 1939, c. 111, § 1, p. 482; C.S.Supp.,1941, § 79-2102; R.S.1943, § 79-2111; Laws 1949, c. 256, § 127, p. 735; Laws 1951, c. 281, § 1, p. 946; Laws 1969, c. 138, § 26, p. 637; R.S.1943, (1994), § 79-489; Laws 1996, LB 900, § 371.


Cross References

79-611. Students; transportation; transportation allowance; when authorized; limitations; board; authorize service.

(1) The school board of any school district shall provide free transportation, partially provide free transportation, or pay an allowance for transportation in lieu of free transportation as follows:

(a) When a student attends an elementary school in his or her own district and lives more than four miles from the public schoolhouse in such district as measured by the shortest route that must actually and necessarily be traveled by motor vehicle to reach the student's residence;

(b) When a student is required to attend an elementary school outside of his or her own district and lives more than four miles from such elementary school as measured by the shortest route that must actually and necessarily be traveled by motor vehicle to reach the student's residence;

(c) When a student attends a secondary school in his or her own Class II or Class III school district and lives more than four miles from the public schoolhouse as measured by the shortest route that must actually and necessarily be traveled by motor vehicle to reach the student's residence. This subdivision does not apply when one or more Class I school districts merge with a Class VI school district to form a new Class II or III school district on or after January 1, 1997; and

(d) When a student, other than a student in grades ten through twelve in a Class V district, attends an elementary or junior high school in his or her own Class V district and lives more than four miles from the public schoolhouse in such district as measured by the shortest route that must actually and necessarily be traveled by motor vehicle to reach the student's residence.

(2)(a) For school years prior to school year 2017-18 and as required pursuant to subsection (3) of section 79-241, the school board of any school district that is a member of a learning community shall provide free transportation for a student who resides in such learning community and attends school in such school district if (i) the student is transferring pursuant to the open enrollment provisions of section 79-2110, qualifies for free or reduced-price lunches, lives more than one mile from the school to which he or she transfers, and is not otherwise disqualified under subdivision (2)(c) of this section, (ii) the student is transferring pursuant to the open enrollment provisions of section 79-2110, is a student who contributes to the socioeconomic diversity of enrollment at the school building he or she attends, lives more than one mile from the school to which he or she transfers, and is not otherwise disqualified under subdivision (2)(c) of this section, (iii) the student is attending a focus school or program and lives more than one mile from the school building housing the focus school or program, or (iv) the student is attending a magnet school or program and lives more than one mile from the magnet school or the school housing the magnet program.

(b) For purposes of this subsection, student who contributes to the socioeconomic diversity of enrollment at the school building he or she attends has the definition found in section 79-2110. This subsection does not prohibit a school district that is a member of a learning community from providing transportation to any intradistrict student.

(c) For any student who resides within a learning community and transfers to another school building pursuant to the open enrollment provisions of section 79-2110 and who had not been accepted for open enrollment into any school building within such district prior to September 6, 2013, the school board is exempt from the requirement of subdivision (2)(a) of this section if (i) the student is transferring to another school building within his or her home school district or (ii) the student is transferring to a school building in a school district that does not share a common border with his or her home school district.

(3) The transportation allowance which may be paid to the parent, custodial parent, or guardian of students qualifying for free transportation pursuant to subsection (1) or (2) of this section shall equal two hundred eighty-five percent of the mileage rate provided in section 81-1176, multiplied by each mile actually and necessarily traveled, on each day of attendance, beyond which the one-way distance from the residence of the student to the schoolhouse exceeds three miles. Such transportation allowance does not apply to students residing in a learning community who qualify for free or reduced-price lunches.

(4) Whenever students from more than one family travel to school in the same vehicle, the transportation allowance prescribed in subsection (3) of this section shall be payable as follows:

(a) To the parent, custodial parent, or guardian providing transportation for students from other families, one hundred percent of the amount prescribed in subsection (3) of this section for the transportation of students of such parent's, custodial parent's, or guardian's own family and an additional five percent for students of each other family not to exceed a maximum of one hundred twenty-five percent of the amount determined pursuant to subsection (3) of this section; and

(b) To the parent, custodial parent, or guardian not providing transportation for students of other families, two hundred eighty-five percent of the mileage rate provided in section 81-1176 multiplied by each mile actually and necessarily traveled, on each day of attendance, from the residence of the student to the pick-up point at which students transfer to the vehicle of a parent, custodial parent, or guardian described in subdivision (a) of this subsection.

(5) When a student who qualifies under the mileage requirements of subsection (1) of this section lives more than three miles from the location where the student must be picked up and dropped off in order to access school-provided free transportation, as measured by the shortest route that must actually and necessarily be traveled by motor vehicle between his or her residence and such location, such school-provided transportation shall be deemed partially provided free transportation. School districts partially providing free transportation shall pay an allowance to the student's parent or guardian equal to two hundred eighty-five percent of the mileage rate provided in section 81-1176 multiplied by each mile actually and necessarily traveled, on each day of attendance, beyond which the one-way distance from the residence of the student to the location where the student must be picked up and dropped off exceeds three miles.

(6) The board may authorize school-provided transportation to any student who does not qualify under the mileage requirements of subsection (1) of this section and may charge a fee to the parent or guardian of the student for such service. An affiliated high school district may provide free transportation or pay the allowance described in this section for high school students residing in an affiliated Class I district. No transportation payments shall be made to a family for mileage not actually traveled by such family. The number of days the student has attended school shall be reported monthly by the teacher to the board of such public school district.

(7) No more than one allowance shall be made to a family irrespective of the number of students in a family being transported to school. If a family resides in a Class I district which is part of a Class VI district and has students enrolled in any of the grades offered by the Class I district and in any of the non-high-school grades offered by the Class VI district, such family shall receive not more than one allowance for the distance actually traveled when both districts are on the same direct travel route with one district being located a greater distance from the residence than the other. In such cases, the travel allowance shall be prorated among the school districts involved.

(8) No student shall be exempt from school attendance on account of distance from the public schoolhouse.

Source:Laws 1927, c. 84, § 1, p. 251; Laws 1929, c. 92, § 1, p. 348; C.S.1929, § 79-1902; Laws 1931, c. 149, § 1, p. 405; Laws 1941, c. 163, § 1, p. 650; C.S.Supp.,1941, § 79-1902; R.S.1943, § 79-1907; Laws 1949, c. 256, § 128, p. 735; Laws 1951, c. 276, § 6, p. 930; Laws 1955, c. 315, § 9, p. 979; Laws 1963, c. 483, § 1, p. 1553; Laws 1969, c. 717, § 1, p. 2743; Laws 1969, c. 718, § 1, p. 2744; Laws 1969, c. 719, § 1, p. 2746; Laws 1976, LB 852, § 1; Laws 1977, LB 117, § 1; Laws 1977, LB 33, § 10; Laws 1979, LB 425, § 1; Laws 1980, LB 867, § 2; Laws 1981, LB 204, § 156; Laws 1981, LB 316, § 3; Laws 1986, LB 419, § 1; Laws 1987, LB 200, § 1; Laws 1990, LB 259, § 22; Laws 1990, LB 1059, § 38; Laws 1993, LB 348, § 21; Laws 1994, LB 1311, § 1; R.S.1943, (1994), § 79-490; Laws 1996, LB 900, § 372; Laws 1997, LB 710, § 4; Laws 1997, LB 806, § 28; Laws 1999, LB 272, § 84;    Laws 2003, LB 394, § 7;    Laws 2005, LB 126, § 42;    Laws 2006, LB 1024, § 56;    Referendum 2006, No. 422; Laws 2007, LB641, § 10;    Laws 2008, LB1154, § 8;    Laws 2009, LB549, § 25;    Laws 2013, LB410, § 8;    Laws 2013, LB585, § 2;    Laws 2016, LB1067, § 29.    


Cross References

Annotations

79-612. Pupils; transportation allowance; claims; contents; limitation upon action for recovery.

All claims for transportation allowance under section 79-611 shall be filed for payment monthly. No action for recovery on any claim for transportation allowance filed with the secretary of the school board or board of education shall be brought after twelve months from the last day of any month of actual attendance for which attendance is claimed. All claims shall show the names of the students and the dates of the trips for which the allowance is claimed and shall be signed by the claimant.

Source:Laws 1941, c. 163, § 1, p. 650; C.S.Supp.,1941, § 79-1902; R.S.1943, § 79-1908; Laws 1949, c. 256, § 129, p. 736; Laws 1971, LB 215, § 1; R.S.1943, (1994), § 79-491; Laws 1996, LB 900, § 373.


Annotations

79-613. Pupils; transportation allowance; temporary residence; attendance at another school; how computed.

(1) When a student or students whose family would otherwise be eligible for the transportation allowance provided in section 79-611 reside temporarily for school purposes within four miles of the schoolhouse, the family of such student or students shall be paid two hundred eighty-five percent of the mileage rate provided in section 81-1176 for each mile actually and necessarily traveled by which the distance traveled one way from the residence of such family to the temporary residence exceeds three miles.

(2) When (a) a student or students whose family would otherwise be eligible for the transportation allowance provided in section 79-611 attend school in an adjacent school district due to convenience of the family and (b) the school district of residence pays tuition on behalf of such student or students pursuant to section 79-598, there shall also be paid by such school district of residence a transportation allowance equal to two hundred eighty-five percent of the mileage rate provided in section 81-1176 for each mile actually and necessarily traveled on each day of attendance by which the distance traveled one way from the residence of such student or students to the schoolhouse in the adjacent school district exceeds three miles.

Source:Laws 1929, c. 92, § 1, p. 348; C.S.1929, § 79-1902; Laws 1931, c. 149, § 1, p. 405; Laws 1941, c. 163, § 1, p. 650; C.S.Supp.,1941, § 79-1902; R.S.1943, § 79-1909; Laws 1949, c. 256, § 130, p. 736; Laws 1963, c. 483, § 2, p. 1554; Laws 1986, LB 419, § 2; R.S.1943, (1994), § 79-492; Laws 1996, LB 900, § 374.


79-701. Mission of public school system.

The Legislature hereby finds and declares that the mission of the State of Nebraska, through its public school system, is to:

(1) Offer each individual the opportunity to develop competence in the basic skills of communications, computations, and knowledge of basic facts concerning the environment, history, and society;

(2) Offer each individual the opportunity to develop higher order thinking and problem-solving skills by means of adequate preparation in mathematics, science, the social sciences, and foreign languages and by means of appropriate and progressive use of technology;

(3) Instill in each individual the ability and desire to continue learning throughout his or her life;

(4) Encourage knowledge and understanding of political society and democracy in order to foster active participation;

(5) Encourage the creative potential of each individual through exposure to the fine arts and humanities;

(6) Encourage a basic understanding of and aid the development of good health habits; and

(7) Offer each individual the opportunity for career exploration and awareness.

Source:Laws 1984, LB 994, § 1; R.S.1943, (1994), § 79-4,140.01; Laws 1996, LB 900, § 375.


79-702. Public school system; legislative intent.

(1) The Legislature recognizes that education as an investment in human resources is fundamental to the quality of life and economic development of Nebraskans. The Legislature further recognizes that public education faces ever growing challenges in an era of accelerated change, sophisticated information systems, high technology, and global markets. It is the intent of the Legislature to join with local governing bodies in a strong and ongoing partnership to further advance the quality and responsiveness of Nebraska's education system.

(2) It is the intent of the Legislature to encourage and support all public schools in this state in order to carry out the state's mission to promote quality education as described in section 79-701. Attracting and retaining highly qualified instructors in order to foster and improve a student's learning experience is a key factor in quality education. The Legislature intends to foster high standards of performance for teachers, students, administrators, and programs of instruction in the public schools so that each person of school age shall have the opportunity to receive a quality education regardless of the size, wealth, or geographic location of the school district in which such person resides.

(3) The Legislature intends that the schools meet the individual needs and develop the particular skills of all young Nebraskans. The Legislature further intends that all persons who graduate from Nebraska high schools possess certain minimum levels of knowledge, skills, and understanding.

(4) The Legislature recognizes that the resources of the state should be used efficiently to support the public school system of this state. The Legislature intends to foster, encourage, and, where necessary, mandate the cooperation of all public education service providers, including public school districts, educational service units, and the State Department of Education, in order to achieve a quality education system.

Source:Laws 1984, LB 994, § 2; R.S.1943, (1994), § 79-4,140.02; Laws 1996, LB 900, § 376.


79-703. Public schools; approval and accreditation standards; accreditation committee; duties; legislative intent.

(1) To ensure both equality of opportunity and quality of programs offered, all public schools in the state shall be required to meet quality and performance-based approval or accreditation standards as prescribed by the State Board of Education. The board shall establish a core curriculum standard, which shall include multicultural education and vocational education courses, for all public schools in the state. Accreditation and approval standards shall be designed to assure effective schooling and quality of instructional programs regardless of school size, wealth, or geographic location. Accreditation standards for school districts that are members of a learning community shall include participation in the community achievement plan for the learning community as approved by the board. The board shall recognize and encourage the maximum use of cooperative programs and may provide for approval or accreditation of programs on a cooperative basis, including the sharing of administrative and instructional staff, between school districts for the purpose of meeting the approval and accreditation requirements established pursuant to this section and section 79-318.

(2) The Commissioner of Education shall appoint an accreditation committee which shall be representative of the educational institutions and agencies of the state and shall include as a member the director of admissions of the University of Nebraska.

(3) The accreditation committee shall be responsible for: (a) Recommending appropriate standards and policies with respect to the accreditation and classification of schools; and (b) making recommendations annually to the commissioner relative to the accreditation and classification of individual schools. No school shall be considered for accreditation status which has not first fulfilled all requirements for an approved school.

(4) By school year 1993-94 all public schools in the state shall be accredited.

(5) It is the intent of the Legislature that all public school students shall have access to all educational services required of accredited schools. Such services may be provided through cooperative programs or alternative methods of delivery.

Source:Laws 1949, c. 248, § 1, p. 672; Laws 1953, c. 311, § 3, p. 1035; Laws 1984, LB 994, § 7; Laws 1985, LB 633, § 5; Laws 1988, LB 940, § 10; R.S.Supp.,1988, § 79-1247.02; Laws 1989, LB 15, § 3; Laws 1990, LB 259, § 30; Laws 1992, LB 922, § 6; R.S.1943, (1994), § 79-4,140.16; Laws 1996, LB 900, § 377; Laws 2016, LB1067, § 30.    


Cross References

Annotations

79-704. Biennial secondary course offerings; authorized; when.

(1) Except as otherwise provided in subsection (2) of this section, any school board of a school district or any governing authority of a private school may establish alternating biennial secondary course offerings, not to exceed one course in each of four subject fields as designated by such board or governing authority, as part of the total instructional units provided each school term for the purpose of meeting minimum annual criteria for accreditation under sections 79-318 and 79-703. Reporting of biennial course offerings which are to receive annual instructional unit credit in meeting accreditation standards shall be on forms prescribed by the State Department of Education.

(2) For school year 2009-10 and each school year thereafter, a school board of a school district shall not establish an alternating biennial secondary course offering in any subject area for which the State Board of Education has adopted content standards pursuant to section 79-760.01.

Source:Laws 1985, LB 633, § 6; Laws 1986, LB 997, § 13; R.S.1943, (1987), § 79-1241; Laws 1989, LB 15, § 2; R.S.1943, (1994), § 79-4,140.15; Laws 1996, LB 900, § 378; Laws 2006, LB 1208, § 2.    


79-705. State Fire Day; Fire Recognition Day; designation; how observed.

For the purpose of creating public sentiment and calling public attention to the great damage caused both to life and property by fire, the Friday before Fire Recognition Day shall be designated and known as State Fire Day. State Fire Day shall be observed by the public, private, and parochial schools of the state with exercises appropriate to the subject and the day. The second Saturday in May is designated and shall be known as Fire Recognition Day.

Source:Laws 1911, c. 126, § 1, p. 431; R.S.1913, § 6850; C.S.1922, § 6421; C.S.1929, § 79-1201; R.S.1943, § 79-1201; Laws 1949, c. 256, § 160, p. 746; Laws 1971, LB 917, § 1; R.S.1943, (1994), § 79-4,122; Laws 1996, LB 900, § 379; Laws 1997, LB 347, § 18.


79-706. Fire prevention instruction; requirements.

In addition to any required monthly fire drill, every public, private, denominational, or parochial school shall provide regular periods of instruction in the subject of fire dangers and in methods of fire prevention.

Source:Laws 1911, c. 126, § 2, p. 431; R.S.1913, § 6851; C.S.1922, § 6422; C.S.1929, § 79-1202; R.S.1943, § 79-1202; Laws 1949, c. 256, § 161, p. 746; Laws 1972, LB 1284, § 21; Laws 1982, LB 933, § 3; Laws 1984, LB 749, § 1; R.S.1943, (1994), § 79-4,123; Laws 1996, LB 900, § 380.


Cross References

79-707. Flags; United States; State of Nebraska; display.

The flags of the United States of America and of the State of Nebraska shall be prominently displayed on the school grounds of every public school in the state on each day that such school is in session, in accordance with the standards prescribed for the display of the flag of the United States of America. For the purposes of this section and section 79-708, public school shall mean all institutions of learning supported in whole or in part by public funds, including those providing postsecondary education.

Source:Laws 1971, LB 218, § 1; R.S.1943, (1994), § 79-4,128.01; Laws 1996, LB 900, § 381.


Cross References

79-708. Flags and flagstaffs; provide; payment.

The governing body of each school shall provide suitable flags and flagstaffs to carry out the provisions of this section and section 79-707, and the cost of such flags and flagstaffs shall be paid from the general operating funds of each school.

Source:Laws 1971, LB 218, § 2; R.S.1943, (1994), § 79-4,128.02; Laws 1996, LB 900, § 382.


79-709. School work; annual exhibit; how conducted; premiums.

There may be held at the county fair or other place in each county, under the supervision and direction of the county board of commissioners or county board of supervisors or its designee, an exhibit of school work done in each school district of the county during the current school year. The nature and character of the exhibit shall be determined by the county board. The county board may annually offer and award premiums intended to stimulate the interest in school affairs. A list of premiums to be awarded shall be mailed by the county board or its designee to the teacher, principal, or superintendent of each public, private, denominational, and parochial school in each school district in the county on or before January 15 of each year in which an exhibit shall be held.

Source:Laws 1919, c. 247, § 1, p. 1016; C.S.1922, § 6543; Laws 1927, c. 89, § 1, p. 258; C.S.1929, § 79-2120; R.S.1943, § 79-2129; Laws 1949, c. 256, § 177, p. 750; Laws 1963, c. 486, § 1, p. 1557; R.S.1943, (1994), § 79-4,139; Laws 1996, LB 900, § 383; Laws 1999, LB 272, § 85.    


79-710. Repealed. Laws 1997, LB 347, § 59.

79-711. Repealed. Laws 1997, LB 347, § 59.

79-712. Public school; health education; requirements.

Provisions shall be made by the proper local school authorities for instructing the pupils in all public schools in a comprehensive health education program which shall include instruction (1) as to the physiological, psychological, and sociological aspects of drug use, misuse, and abuse and (2) on intellectual disability and other developmental disabilities, such as cerebral palsy, autism, and epilepsy, their causes, and the prevention thereof through proper nutrition and the avoidance of the consumption of drugs as defined in this section. For purposes of this section, drugs means any and all biologically active substances used in the treatment of illnesses or for recreation or pleasure. Special emphasis shall be placed upon the commonly abused drugs of tobacco, alcohol, marijuana, hallucinogenics, amphetamines, barbiturates, and narcotics.

Source:Laws 1885, c. 83, § 1, p. 332; R.S.1913, § 6878; C.S.1922, § 6446; C.S.1929, § 79-1409; R.S.1943, § 79-1408; Laws 1949, c. 256, § 370, p. 815; Laws 1971, LB 51, § 1; Laws 1982, LB 423, § 1; R.S.1943, (1987), § 79-1270; Laws 1989, LB 15, § 4; R.S.1943, (1994), § 79-4,140.17; Laws 1996, LB 900, § 386; Laws 2013, LB23, § 44.    


79-713. Commissioner of Education; drug education; course on health education; prepare; distribute.

The Commissioner of Education shall prepare such teaching aids and materials as may be necessary for an effective course in comprehensive health education, which shall include drug education, for distribution to all public and private schools requesting such materials and approved for continued legal operation under rules and regulations adopted and promulgated by the State Board of Education pursuant to subdivision (5)(c) of section 79-318.

Source:Laws 1971, LB 51, § 2; R.S.1943, (1987), § 79-1270.01; Laws 1989, LB 15, § 5; R.S.1943, (1994), § 79-4,140.18; Laws 1996, LB 900, § 387.


79-714. School systems; tobacco, alcohol, and drugs; failure to instruct; action of State Department of Education.

School systems failing to meet the provisions of sections 79-712 and 79-713 shall be guilty of a deviation from the rules and regulations for the approval and accreditation of schools, and proper action by the State Department of Education shall be taken.

Source:Laws 1971, LB 51, § 3; R.S.1943, (1987), § 79-1270.02; Laws 1989, LB 15, § 6; R.S.1943, (1994), § 79-4,140.19; Laws 1996, LB 900, § 388.


79-715. Eye protective devices; required; when; term, defined; commissioner; duties.

(1) Every student and teacher in schools or other educational institutions shall be required to wear appropriate industrial-quality eye protective devices at all times while participating in or observing the following courses of instruction:

(a) Vocational, technical, industrial arts, chemical, or chemical-physical, involving exposure to:

(i) Hot molten metals or other molten materials;

(ii) Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;

(iii) Heat treatment, tempering, or kiln firing of any metal or other materials;

(iv) Gas or electric arc welding or other forms of welding processes;

(v) Repair or servicing of any vehicle; or

(vi) Caustic or explosive materials; and

(b) Chemical, physical, or combined chemical-physical laboratories involving caustic or explosive materials, hot liquids or solids, injurious radiations, or other hazards not enumerated.

Such devices shall be furnished by the school or educational institution for all students, teachers, and visitors to shops and laboratories of such institutions.

(2) For purposes of this section, unless the context otherwise requires, industrial-quality eye protective devices means devices which meet the standard of the American National Standard Practice for Occupational and Educational Eye and Face Protection, Z 87.1(1979) as approved by the American National Standards Institute, Inc.

(3) The Commissioner of Education shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this section.

Source:Laws 1984, LB 999, § 1; R.S.1943, (1994), § 79-4,144; Laws 1996, LB 900, § 389; Laws 2002, LB 1172, § 12.    


Cross References

79-716. Coordination of curriculum; when required; costs.

Every affiliated high school district and every Class VI school district shall undertake efforts to provide for coordination of the curriculum between the elementary school program of instruction of participating Class I school districts and the high school program of instruction of such affiliated high school district or Class VI school district. Notwithstanding reasonable and good faith efforts to provide for coordination of curriculum, each school board of a Class I school district shall retain the final authority to determine matters of curriculum. Any additional costs incurred in providing the coordinated services required by this section shall be included as a cost of the Class VI school district. In the case of an affiliated school system, any additional costs incurred for curriculum coordination pursuant to this section shall be funded through the budget of the high school district. Any additional services required by any affiliated Class I district shall be funded through such Class I district's budget which may include contractual or purchased services.

Source:Laws 1988, LB 940, § 6; Laws 1990, LB 259, § 31; Laws 1991, LB 511, § 44; Laws 1992, LB 245, § 49; Laws 1994, LB 858, § 8; R.S.1943, (1994), § 79-4,158.01; Laws 1996, LB 900, § 390.


Cross References

79-717. Class VI school district elementary school coordinator; qualifications; duties.

Each Class VI school district may have an elementary school coordinator who holds a valid Nebraska certificate to administer with an endorsement in elementary education. The responsibility of the coordinator shall be to coordinate the educational programs of all Class I schools within the boundaries of the Class VI district by advising the school board and the teachers of such Class I districts.

Source:Laws 1967, c. 523, § 1, p. 1744; Laws 1973, LB 355, § 1; R.S.1943, (1994), § 79-1110; Laws 1996, LB 900, § 391; Laws 2003, LB 685, § 3.    


Cross References

79-718. Junior Mathematics Prognosis Examination; legislative intent.

It is the intent of the Legislature that the Junior Mathematics Prognosis Examination be available to every student in the eleventh grade in Nebraska in order to measure his or her level of preparation for college-level mathematics.

The immediate goal of the examination is to decrease the number of Nebraska first-year college students who begin college mathematics at a remedial level. The long-term goal is to help develop a more mathematically and scientifically literate society.

Source:Laws 1989, LB 134, § 1; R.S.1943, (1994), § 79-4,221; Laws 1996, LB 900, § 392.


79-719. Multicultural education, defined.

For purposes of sections 79-719 to 79-723, multicultural education includes, but is not limited to, studies relative to the culture, history, and contributions of African Americans, Hispanic Americans, Native Americans, and Asian Americans. Special emphasis shall be placed on human relations and sensitivity toward all races.

Source:Laws 1992, LB 922, § 1; R.S.1943, (1994), § 79-4,229; Laws 1996, LB 900, § 393.


79-720. Multicultural education program; incorporation into curriculum; department; duties.

(1) Each school district, in consultation with the State Department of Education, shall develop for incorporation into all phases of the curriculum of grades kindergarten through twelve a multicultural education program.

(2) The department shall create and distribute recommended multicultural education curriculum guidelines to all school districts. Each district shall create its own multicultural education program based on such recommended guidelines.

(3) The incorporation of the multicultural education program into the curriculum of each district shall not change (a) the number of instructional hours prescribed for elementary and high school students or (b) the number of instructional hours dedicated to the existing curriculum of each district.

Source:Laws 1992, LB 922, § 2; Laws 1993, LB 27, § 1; R.S.1943, (1994), § 79-4,230; Laws 1996, LB 900, § 394; Laws 2011, LB333, § 2.    


79-721. Multicultural education; school districts and department; duties; loss of accreditation.

(1) Each school district shall present evidence annually, in a form prescribed by the State Department of Education, to the department that multicultural education is being taught to students pursuant to section 79-720. The department shall evaluate the effectiveness of the multicultural education program and establish reasonable timelines for the submission of such evidence.

(2) A school district which fails to provide or fails to provide evidence annually of multicultural education pursuant to such section shall lose its accreditation status.

Source:Laws 1992, LB 922, § 3; R.S.1943, (1994), § 79-4,231; Laws 1996, LB 900, § 395.


79-722. Evaluation of multicultural education program; report.

In conjunction with the multicultural education program prescribed in section 79-720, the State Department of Education shall design a process for evaluating the implementation and effectiveness of each multicultural education program, including the collection of baseline data. The collection of baseline data for evaluating the implementation and effectiveness of each multicultural education program shall not include the testing, assessment, or evaluation of individual students' attitudes or beliefs. An evaluation of the implementation and effectiveness of each multicultural education program shall be conducted every five school years. On or before November 1, 2013, and on or before November 1 every five years thereafter, the department shall report the results of each evaluation to the Clerk of the Legislature, the Education Committee of the Legislature, and the State Board of Education and publish such report on a web site established by the department. The report submitted to the Clerk of the Legislature and the committee shall be submitted electronically.

Source:Laws 1992, LB 922, § 4; Laws 1993, LB 27, § 2; R.S.1943, (1994), § 79-4,232; Laws 1996, LB 900, § 396; Laws 2011, LB333, § 3;    Laws 2012, LB782, § 150.    


79-723. Multicultural education; rules and regulations.

The State Department of Education shall adopt and promulgate rules and regulations to carry out sections 79-719 to 79-722.

Source:Laws 1992, LB 922, § 5; R.S.1943, (1994), § 79-4,233; Laws 1996, LB 900, § 397.


79-724. American citizenship; committee on Americanism; created; duties; required instruction; patriotic exercises; duties of officers.

An informed, loyal, just, and patriotic citizenry is necessary to a strong, stable, just, and prosperous America. Such a citizenry necessitates that every member thereof be fully acquainted with the nation's history and that he or she be in full accord with our form of government and fully aware of the liberties, opportunities, and advantages of which we are possessed and the sacrifices and struggles of those through whose efforts these benefits were gained. Since youth is the time most susceptible to the acceptance of principles and doctrines that will influence men and women throughout their lives, it is one of the first duties of our educational system to conduct its activities, choose its textbooks, and arrange its curriculum in such a way that the love of liberty, justice, democracy, and America will be instilled in the hearts and minds of the youth of the state.

(1) Every school board shall, at the beginning of each school year, appoint from its members a committee of three, to be known as the committee on Americanism. The committee on Americanism shall:

(a) Carefully examine, inspect, and approve all textbooks used in the teaching of American history and civil government in the school. Such textbooks shall adequately stress the services of the men and women who achieved our national independence, established our constitutional government, and preserved our union and shall be so written to include contributions by ethnic groups as to develop a pride and respect for our institutions and not be a mere recital of events and dates;

(b) Assure themselves as to the character of all teachers employed and their knowledge and acceptance of the American form of government; and

(c) Take all such other steps as will assure the carrying out of the provisions of this section.

(2) All American history courses approved for grade levels as provided by this section shall include and adequately stress contributions of all ethnic groups (a) to the development and growth of America into a great nation, (b) to art, music, education, medicine, literature, science, politics, and government, and (c) to the war services in all wars of this nation.

(3) All grades of all public, private, denominational, and parochial schools, below the sixth grade, shall devote at least one hour per week to exercises or teaching periods for the following purpose:

(a) The recital of stories having to do with American history or the deeds and exploits of American heroes;

(b) The singing of patriotic songs and the insistence that every pupil memorize the Star-Spangled Banner and America; and

(c) The development of reverence for the flag and instruction as to proper conduct in its presentation.

(4) In at least two of the three grades from the fifth grade to the eighth grade in all public, private, denominational, and parochial schools, at least three periods per week shall be set aside to be devoted to the teaching of American history from approved textbooks, taught in such a way as to make the course interesting and attractive and to develop a love of country.

(5) In at least two grades of every high school, at least three periods per week shall be devoted to the teaching of civics, during which courses specific attention shall be given to the following matters:

(a) The United States Constitution and the Constitution of Nebraska;

(b) The benefits and advantages of our form of government and the dangers and fallacies of Nazism, Communism, and similar ideologies; and

(c) The duties of citizenship, including active participation in the improvement of a citizen's community, state, country, and world and the value and practice of civil discourse between opposing interests.

(6) Appropriate patriotic exercises suitable to the occasion shall be held under the direction of the superintendent in every public, private, denominational, and parochial school on Lincoln's birthday, Washington's birthday, Flag Day, Memorial Day, and Veterans Day, or on the day preceding or following such holiday, if the school is in session.

(7) Every school board, the State Board of Education, and the superintendent of each school district in the state shall be held directly responsible in the order named for carrying out this section, and neglect thereof by any employee or appointed official shall be considered a dereliction of duty and cause for dismissal.

Source:Laws 1949, c. 256, § 19, p. 697; Laws 1969, c. 705, § 1, p. 2705; Laws 1971, LB 292, § 3; R.S.1943, (1994), § 79-213; Laws 1996, LB 900, § 398; Laws 1999, LB 272, § 86;    Laws 2011, LB544, § 1.    


Cross References

79-725. Character education; principles of instruction; duty of teachers.

Each teacher employed to give instruction in any public, private, parochial, or denominational school in the State of Nebraska shall arrange and present his or her instruction to give special emphasis to common honesty, morality, courtesy, obedience to law, respect for the national flag, the United States Constitution, and the Constitution of Nebraska, respect for parents and the home, the dignity and necessity of honest labor, and other lessons of a steadying influence which tend to promote and develop an upright and desirable citizenry.

Source:Laws 1927, c. 85, § 1, p. 253; C.S.1929, § 79-2131; R.S.1943, § 79-2139; Laws 1949, c. 256, § 20, p. 699; R.S.1943, (1994), § 79-214; Laws 1996, LB 900, § 399.


79-726. Character education; outline of instruction; duty of Commissioner of Education.

The Commissioner of Education shall prepare an outline with suggestions such as in his or her judgment will best accomplish the purpose set forth in section 79-725 and shall incorporate the same in the regular course of study for the first twelve grades of all schools of the State of Nebraska.

Source:Laws 1927, c. 85, § 2, p. 253; C.S.1929, § 79-2132; R.S.1943, § 79-2140; Laws 1949, c. 256, § 21, p. 700; R.S.1943, (1994), § 79-215; Laws 1996, LB 900, § 400.


79-727. Americanism and character education; violation; penalty.

Any person violating the provisions of sections 79-724 to 79-726 is guilty of a Class III misdemeanor.

Source:Laws 1996, LB 900, § 401.


79-728. Kindergarten programs; required.

All Class I, II, III, IV, and V school districts shall offer a kindergarten program.

Source:Laws 1988, LB 1197, § 2; R.S.1943, (1994), § 79-201.11; Laws 1996, LB 900, § 402.


Cross References

79-729. High school students; graduation requirements.

The Legislature recognizes the importance of assuring that all persons who graduate from Nebraska high schools possess certain minimum levels of knowledge, skills, and understanding. Beginning in school year 1987-88, each high school student shall complete a minimum of two hundred high school credit hours prior to graduation. At least eighty percent of such credit hours shall be core curriculum courses prescribed by the State Board of Education. The State Board of Education may establish recommended statewide graduation guidelines. This section does not apply to high school students whose individualized education plans prescribe a different course of instruction. This section does not prohibit the governing board of any high school from prescribing specific graduation guidelines as long as such guidelines do not conflict with this section. For purposes of this section, high school means grades nine through twelve and credit hour shall be defined by appropriate rules and regulations of the State Board of Education but shall not be less than the amount of credit given for successful completion of a course which meets at least one period per week for at least one semester.

Source:Laws 1984, LB 994, § 8; R.S.1943, (1994), § 79-4,140.03; Laws 1996, LB 900, § 403.


79-730. Diploma of high school equivalency; issuance by Commissioner of Education; conditions.

The Commissioner of Education may issue a diploma of high school equivalency conveying all the significance and privilege of a regular high school diploma to any person who is not a high school graduate if:

(1) The person is and has been a resident of Nebraska for at least thirty days immediately preceding application or if his or her final period of high school attendance during which credit was earned toward graduation was in a Nebraska high school;

(2) On the basis of such person's achievements in approved tests and other criteria deemed pertinent by the Commissioner of Education, there is reasonable certainty that he or she has attained the educational development and abilities of the typical high school graduate; and

(3) Such person has attained his or her eighteenth birthday and is unable to secure a diploma from the high school he or she last attended or the class in which he or she was enrolled at the time of his or her withdrawal from school has been graduated for at least one year.

Source:Laws 1959, c. 399, § 1, p. 1358; Laws 1969, c. 721, § 2, p. 2750; Laws 1975, LB 449, § 1; R.S.1943, (1994), § 79-4,147.01; Laws 1996, LB 900, § 404.


79-731. Diploma of high school equivalency; application; fee; disbursement; duplicate; transcript; fees.

The application for a diploma of high school equivalency shall be submitted on a form to be furnished by the Commissioner of Education and shall be accompanied by a fee of five dollars which will not be refundable under any circumstances. A fee of two dollars shall be charged for the issuance of a duplicate diploma of high school equivalency. A fee of two dollars shall be charged for the issuance of an official transcript. All fees collected for the issuance or reissuance of such a diploma shall be remitted to the State Treasurer for credit to the General Fund.

Source:Laws 1959, c. 399, § 2, p. 1359; Laws 1969, c. 721, § 3, p. 2751; Laws 1975, LB 449, § 2; Laws 1982, LB 928, § 71; R.S.1943, (1994), § 79-4,147.02; Laws 1996, LB 900, § 405.


79-732. Diploma of high school equivalency; State Board of Education; rules and regulations; adopt.

The State Board of Education shall adopt reasonable rules and regulations for the administration of sections 79-730 to 79-732, and the decision of the State Board of Education with reference to the eligibility of an applicant for a diploma of high school equivalency shall be final.

Source:Laws 1959, c. 399, § 3, p. 1359; Laws 1975, LB 449, § 3; R.S.1943, (1994), § 79-4,147.03; Laws 1996, LB 900, § 406.


79-733. Diplomas of high school equivalency; acceptance by colleges.

Diplomas of high school equivalency issued pursuant to section 79-730 shall be accepted by the University of Nebraska, the community colleges, and the state colleges for enrollment purposes.

Source:Laws 1969, c. 721, § 5, p. 2751; Laws 1975, LB 449, § 4; R.S.1943, (1994), § 79-4,147.04; Laws 1996, LB 900, § 407.


79-734. School textbooks, equipment, and supplies; purchase and loan; rules and regulations; department; duty.

(1) School boards and boards of education of all classes of school districts shall purchase all textbooks, equipment, and supplies necessary for the schools of such district. The duty to make such purchases may be delegated to employees of the school district.

(2) School boards and boards of education shall purchase and loan textbooks to all children who are enrolled in kindergarten to grade twelve of a public school and, upon individual request, to children who are enrolled in kindergarten to grade twelve of a private school which is approved for continued legal operation under rules and regulations established by the State Board of Education pursuant to subdivision (5)(c) of section 79-318. The Legislature may appropriate funds to carry out the provisions of this subsection. A school district is not obligated to spend any money for the purchase and loan of textbooks to children enrolled in private schools other than funds specifically appropriated by the Legislature to be distributed by the State Department of Education for the purpose of purchasing and loaning textbooks as provided in this subsection. Textbooks loaned to children enrolled in kindergarten to grade twelve of such private schools shall be textbooks which are designated for use in the public schools of the school district in which the child resides or the school district in which the private school the child attends is located. Such textbooks shall be loaned free to such children subject to such rules and regulations as are or may be prescribed by such school boards or boards of education. The State Department of Education shall adopt and promulgate rules and regulations to carry out this section. The rules and regulations shall include provisions for the distribution of funds appropriated for textbooks. The rules and regulations shall include a deadline for applications from school districts for distribution of funds. If funds are not appropriated to cover the entire cost of applications, a pro rata reduction shall be made. It is the intent of the Legislature that on or before October 1, 2016, the department provide to the Education Committee of the Legislature recommended changes to this subsection that reflect advances in technology and educational content for students.

Source:Laws 1891, c. 46, § 1, p. 334; Laws 1903, c. 99, § 1, p. 570; R.S.1913, § 6914; C.S.1922, § 6498; C.S.1929, § 79-1801; R.S.1943, § 79-1801; Laws 1947, c. 283, § 1, p. 891; Laws 1949, c. 256, § 156, p. 745; Laws 1971, LB 659, § 2; Laws 1973, LB 358, § 3; Laws 1983, LB 203, § 1; Laws 1986, LB 757, § 1; Laws 1995, LB 159, § 1; R.S.Supp.,1995, § 79-4,118; Laws 1996, LB 900, § 408; Laws 2016, LB1066, § 7.    


Annotations

79-734.01. Textbook contracts; requirements for publisher or manufacturer.

(1) On and after January 1, 2003, all contracts for the purchase of textbooks for school districts and educational service units shall require the publisher or manufacturer to provide to the school district or educational service unit, at no cost, (a) computer files or other electronic versions of each textbook title purchased and (b) the right to transcribe, reproduce, modify, and distribute each textbook title purchased in braille, large print if the publisher or manufacturer does not offer a large-print edition, or other specialized accessible media exclusively for use by students in the same school district or educational service unit who are blind or visually impaired.

(2) The contract shall also provide that: (a) Within thirty days after receiving a request from a school district or educational service unit, the publisher or manufacturer shall provide computer files or other electronic versions of each textbook title purchased to such school district or educational service unit; (b) the computer files or other electronic version shall maintain the structural integrity of the standard instructional materials, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary; (c) if the technology is not available to convert a math, science, or other nonliterary textbook into the format prescribed in this section, the publisher or manufacturer shall not be required to provide computer files or other electronic versions of the textbook; and (d) upon the willful failure of the publisher or manufacturer to comply with the requirements of the contract pursuant to this section, the publisher or manufacturer shall reimburse the school district or educational service unit for the cost of creating such computer files or electronic versions.

Source:Laws 2002, LB 647, § 1.    


79-735. School books, equipment, and supplies; payment.

For the purpose of paying for school books, equipment, and supplies, the school district officers may draw an order on the district treasurer for the amount of school books, equipment, and supplies ordered.

Source:Laws 1891, c. 46, § 3, p. 335; R.S.1913, § 6916; C.S.1922, § 6500; C.S.1929, § 79-1803; R.S.1943, § 79-1803; Laws 1949, c. 256, § 157, p. 745; Laws 1971, LB 659, § 3; Laws 1972, LB 1219, § 2; Laws 1973, LB 358, § 4; Laws 1986, LB 757, § 2; R.S.1943, (1994), § 79-4,119; Laws 1996, LB 900, § 409.


Annotations

79-736. School books; contracts with members of combination or trust; effect.

Any contract entered into under the provisions of section 79-734 with any publisher who becomes a party to any combination or trust for the purpose of raising the price of school textbooks shall, at the option of the school board or board of education of the district using such books, become null and void.

Source:Laws 1891, c. 46, § 5, p. 335; R.S.1913, § 6918; C.S.1922, § 6502; C.S.1929, § 79-1805; R.S.1943, § 79-1805; Laws 1947, c. 283, § 2, p. 891; Laws 1949, c. 256, § 158, p. 745; R.S.1943, (1994), § 79-4,120; Laws 1996, LB 900, § 410.


79-737. School books; ownership; care; liability of pupils for damage.

All books purchased by a school board or board of education shall be the property of the district and loaned free of charge to pupils of the school while they are pursuing a course of study in the school, but the board shall hold such pupils responsible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board.

Source:Laws 1891, c. 46, § 9, p. 336; R.S.1913, § 6922; C.S.1922, § 6506; C.S.1929, § 79-1809; R.S.1943, § 79-1809; Laws 1949, c. 256, § 159, p. 745; R.S.1943, (1994), § 79-4,121; Laws 1996, LB 900, § 411.


79-738. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-739. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-740. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-741. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-742. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-743. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-744. Repealed. Laws 2017, LB512, § 41.

Operative Date: May 23, 2017


79-745. Vocational educational needs; legislative findings.

The Legislature finds that the schools in this state may best serve their students' vocational educational needs by participating in cooperative agreements with other school districts in order to share resources and programs. The Legislature further finds that recent technology, including computer developments, are expanding rapidly and students should be exposed at the elementary and secondary school levels to such technological advances in order to complete their education and prepare them for the future.

Source:Laws 1983, LB 207, § 1; R.S.1943, (1994), § 79-1435.01; Laws 1996, LB 900, § 419.


79-746. Interdistrict school agreements; authorized.

Any public school district in this state may enter into an agreement with any other public school district in this state to provide and share vocational educational programs, particularly programs involving recent technological developments such as electronics, computer science, and communications. The agreement's terms shall be approved by the school board or board of education of each school district participating in the agreement. The terms of the agreement shall include, but not be limited to, the method of sharing or hiring personnel, purchasing equipment and materials, and course curriculum.

The State Board of Education shall be apprised of all interdistrict school agreements at the time such agreements are executed.

Source:Laws 1983, LB 207, § 2; R.S.1943, (1994), § 79-1435.02; Laws 1996, LB 900, § 420; Laws 2017, LB512, § 10.    
Operative Date: May 23, 2017


79-747. Interdistrict school agreement; tax levy.

In order to finance each school district's participation in the interdistrict school agreement pursuant to sections 79-745 to 79-747, a school district may levy a tax, in addition to any tax levy for general or other school purposes, not to exceed ten cents on each one hundred dollars upon the taxable value of all the taxable property in the district. The tax shall be levied, paid, and collected in the same manner as other school district taxes. Such additional tax levy shall be used only for payment by the school district of the costs it incurs as a result of its participation in the interdistrict agreement.

Source:Laws 1983, LB 207, § 3; Laws 1992, LB 719A, § 194; R.S.1943, (1994), § 79-1435.03; Laws 1996, LB 900, § 421.


Cross References

79-748. Legislative findings and intent.

(1) The Legislature finds and declares that:

(a) Global economic competition is making new demands upon the school system of the state;

(b) The competitiveness of the United States in the new global economy will require that schools effectively educate all students and prepare them to develop the capacity to learn new skills and tasks quickly and to apply this knowledge in creative and imaginative ways, in novel contexts, and in collaboration with others;

(c) The need to fundamentally restructure education to meet the challenges and opportunities of a constantly changing technological economy is recognized and endorsed by such diverse groups as the Committee for Economic Development, an organization of some eighty chief executive officers of American corporations, the Education Commission of the States, the National Education Association, the American Federation of Teachers, and the National Governors' Association; and

(d) The restructuring of the school system is a long-term, evolving process with the principal goal being to develop a system that ensures that all students learn to use their minds well as a result of their education.

(2) It is the intent of the Legislature to stimulate ideas and visions that go beyond the traditional models of schooling and to encourage the development of public-private partnerships in establishing and supporting reform in education.

Source:Laws 1990, LB 960, § 1; R.S.1943, (1994), § 79-4,225; Laws 1996, LB 900, § 422; Laws 1997, LB 347, § 21.


79-749. Repealed. Laws 1997, LB 347, § 59.

79-750. Rule, regulation, or policy; waiver authorized.

The State Board of Education may waive any rule or regulation of the State Department of Education and the board of education of each participating school may waive any school board policy which has been identified as a barrier in any school restructuring plan upon a showing that such rule, regulation, or policy will be a substantial impediment to success of the plan.

Source:Laws 1990, LB 960, § 3; R.S.1943, (1994), § 79-4,227; Laws 1996, LB 900, § 424.


79-751. Repealed. Laws 1997, LB 347, § 59.

79-752. Repealed. Laws 1997, LB 347, § 59.

79-753. Repealed. Laws 1997, LB 347, § 59.

79-754. Repealed. Laws 1997, LB 347, § 59.

79-755. Repealed. Laws 1997, LB 347, § 59.

79-756. Repealed. Laws 2013, LB 410, § 24.

79-757. Act, how cited.

Sections 79-757 to 79-762 shall be known and may be cited as the Quality Education Accountability Act.

Source:Laws 1998, LB 1228, § 1; Laws 2000, LB 812, § 1;    Laws 2007, LB653, § 1;    Laws 2011, LB637, § 25;    Laws 2012, LB870, § 1;    Laws 2014, LB438, § 1.    


79-758. Terms, defined.

For purposes of the Quality Education Accountability Act:

(1) Assessment means the process of measuring student achievement and progress on state-adopted standards;

(2) Assessment instrument means a test aligned with state standards that is designed to measure student progress and achievement; and

(3) National assessment instrument means a nationally norm-referenced test developed and scored by a national testing service.

Source:Laws 2007, LB653, § 2;    Laws 2008, LB1157, § 1.    


79-759. Standard college admission test; administered; expense.

No later than the 2017-18 school year, the State Department of Education shall administer a standard college admission test, selected by the State Board of Education, to students in the eleventh grade attending a public school in the state in lieu of the assessment for the one grade in high school as required under section 79-760.03. The department shall pay the expenses of administering such college admission test and may use funds from the Nebraska Education Improvement Fund as provided in section 9-812.

Source:Laws 2011, LB637, § 26;    Laws 2012, LB782, § 151;    Laws 2014, LB967, § 7;    Laws 2016, LB930, § 2.    


79-760. Repealed. Laws 2012, LB 870, § 7.

79-760.01. Academic content standards; State Board of Education; duties.

The State Board of Education shall adopt measurable academic content standards for at least the grade levels required for statewide assessment pursuant to section 79-760.03. The standards shall cover the subject areas of reading, writing, mathematics, science, and social studies. The standards adopted shall be sufficiently clear and measurable to be used for testing student performance with respect to mastery of the content described in the state standards. The State Board of Education shall develop a plan to review and update standards for each subject area every seven years. The state board plan shall include a review of commonly accepted standards adopted by school districts.

Source:Laws 2000, LB 812, § 2;    Laws 2007, LB653, § 5;    Laws 2008, LB1157, § 2;    Laws 2015, LB525, § 11.    


79-760.02. Academic content standards; school districts; duties.

In accordance with timelines that are adopted by the State Board of Education, but in no event later than one year following the adoption or modification of state standards, each school district shall adopt measurable quality academic content standards in the subject areas of reading, writing, mathematics, science, and social studies. The standards may be the same as, or may be equal to or exceed in rigor, the measurable academic content standards adopted by the state board and shall cover at least the same grade levels. School districts may work collaboratively with educational service units, with learning communities, or through interlocal agreements to develop such standards.

Source:Laws 2000, LB 812, § 3;    Laws 2007, LB653, § 6;    Laws 2008, LB1157, § 3;    Laws 2015, LB525, § 12.    


79-760.03. Statewide assessment and reporting system for school year 2009-10 and subsequent years; State Board of Education; duties; technical advisory committee; terms; expenses.

(1) For school year 2009-10 and each school year thereafter, the State Board of Education shall implement a statewide system for the assessment of student learning and for reporting the performance of school districts and learning communities pursuant to this section. The assessment and reporting system shall measure student knowledge of subject matter materials covered by measurable academic content standards selected by the state board.

(2) The state board shall adopt a plan for an assessment and reporting system and implement and maintain the assessment and reporting system according to such plan. The plan shall be submitted annually to the State Department of Education, the Governor, the chairperson of the Education Committee of the Legislature, and the Clerk of the Legislature. The plan submitted to the committee and the Clerk of the Legislature shall be submitted electronically. The state board shall select grade levels for assessment and reporting required pursuant to subsections (4) through (7) of this section. The purposes of the system are to:

(a) Determine how well public schools are performing in terms of achievement of public school students related to the state academic content standards;

(b) Report the performance of public schools based upon the results of state assessment instruments and national assessment instruments;

(c) Provide information for the public and policymakers on the performance of public schools; and

(d) Provide for the comparison among Nebraska public schools and the comparison of Nebraska public schools to public schools elsewhere.

(3) The Governor shall appoint a technical advisory committee to review (a) the statewide assessment plan, (b) state assessment instruments, and (c) the accountability system developed under the Quality Education Accountability Act. The technical advisory committee shall consist of three nationally recognized experts in educational assessment and measurement, one administrator from a school in Nebraska, and one teacher from a school in Nebraska. The members shall serve terms of three years, except that two of the members shall be appointed for initial terms of two years. Any vacancy shall be filled by the Governor for the remainder of the term. One of the members shall be designated as chairperson by the Governor. Members shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177. The committee shall advise the Governor, the state board, and the State Department of Education on the development of statewide assessment instruments and the statewide assessment plan. The appointments to the committee shall be confirmed by the Legislature.

(4) Through school year 2016-17, the state board shall prescribe a statewide assessment of writing that relies on writing samples in each of three grades selected by the state board. Each year at least one of the three selected grades shall participate in the statewide writing assessment with each selected grade level participating at least once every three years.

(5) For school year 2009-10 and for each school year thereafter, the state board shall prescribe a statewide assessment of reading. The statewide assessment of reading shall include assessment instruments for each of the grade levels three through eight and for one grade in high school and standards adopted by the state board pursuant to section 79-760.01. For school year 2017-18 and each school year thereafter, the statewide assessment of reading shall include a component of writing as determined by the state board.

(6) For no later than school year 2010-11 and for each school year thereafter, the state board shall prescribe a statewide assessment of mathematics. The statewide assessment of mathematics shall include assessment instruments for each of the grade levels three through eight and for one grade in high school and standards adopted by the state board pursuant to section 79-760.01.

(7) For no later than school year 2011-12 and each school year thereafter, the state board shall prescribe a statewide assessment of science. The statewide assessment of science shall include assessment instruments for each of the grade levels selected by the state board and standards adopted by the state board pursuant to section 79-760.01. The grade levels shall include at least one grade in elementary school, one grade in middle school or junior high school, and one grade in high school.

(8) The department shall conduct studies to verify the technical quality of assessment instruments and demonstrate the comparability of assessment instrument results required by the act. The department shall annually report such findings to the Governor, the Legislature, and the state board. The report submitted to the Legislature shall be submitted electronically.

(9) The state board shall recommend national assessment instruments for the purpose of national comparison. Beginning with school year 2017-18, the state board shall select a national assessment instrument that is also used as a standard college admission test which shall be administered to students in the eleventh grade in every public high school in each school district. Each school district shall report individual student data for scores and sub-scores according to procedures established by the state board and the department pursuant to section 79-760.05.

(10) The aggregate results of assessment instruments and national assessment instruments shall be reported by the district on a building basis to the public in that district, to the learning community coordinating council if such district is a member of a learning community, and to the department. Each learning community shall also report the aggregate results of any assessment instruments and national assessment instruments to the public in that learning community and to the department. The department shall report the aggregate results of any assessment instruments and national assessment instruments on a learning community, district, and building basis as part of the statewide assessment and reporting system.

(11)(a) The assessment and reporting plan shall:

(i) Provide for the confidentiality of the results of individual students; and

(ii) Include all public schools and all public school students.

(b) The state board shall adopt criteria for the inclusion of students with disabilities, students entering the school for the first time, and students with limited English proficiency.

The department may determine appropriate accommodations for the assessment of students with disabilities or any student receiving special education programs and services pursuant to section 79-1139. Alternate academic achievement standards in reading, mathematics, and science and alternate assessment instruments aligned with the standards may be among the accommodations for students with severe cognitive disabilities.

(12) The state board may select additional grade levels, subject areas, or assessment instruments for statewide assessment consistent with federal requirements.

(13) The state board shall not require school districts to administer assessments or assessment instruments which are not consistent with the act.

(14) The state board may appoint committees of teachers, from each appropriate subject area, and administrators to assist in the development of statewide assessment instruments required by the act.

Source:Laws 2007, LB653, § 4;    Laws 2008, LB1157, § 4;    Laws 2012, LB782, § 152;    Laws 2016, LB930, § 3;    Laws 2016, LB1066, § 8.    


79-760.04. Repealed. Laws 2012, LB 870, § 7.

79-760.05. Statewide system for tracking individual student achievement; State Board of Education; duties; school districts; provide data; analysis and reports.

(1) The State Board of Education shall implement a statewide system for tracking individual student achievement, using the student identifier system of the State Department of Education, that can be aggregated to track student progress by demographic characteristics, including, but not limited to, race, poverty, high mobility, attendance, and limited English proficiency, on available measures of student achievement which include, but need not be limited to, national assessment instruments, state assessment instruments, and the indicators used in the accountability system required pursuant to section 79-760.06. Such a system shall be designed so as to aggregate student data by available educational input characteristics, which may include class size, teacher education, teacher experience, special education, early childhood programs, federal programs, and other targeted education programs. School districts shall provide the department with individual student achievement data from assessment instruments required pursuant to section 79-760.03 in order to implement the statewide system.

(2) The department shall annually analyze and report on student achievement for the state, each school district, each public school, and each learning community aggregated by the demographic characteristics described in subsection (1) of this section. The department shall report the findings to the Governor, the Legislature, school districts, educational service units, and each learning community. The report submitted to the Legislature shall be submitted electronically. Such analysis shall include aggregated data that would indicate differences in achievement due to available educational input characteristics described in subsection (1) of this section. Such analysis shall include indicators of progress toward state achievement goals for students in poverty, limited English proficient students, and highly mobile students.

Source:Laws 2007, LB653, § 8;    Laws 2008, LB1157, § 5;    Laws 2011, LB333, § 5;    Laws 2012, LB782, § 153;    Laws 2012, LB870, § 3.    


79-760.06. Accountability system; combine multiple indicators; State Department of Education; powers; duties; designation of priority schools.

(1) On or before August 1, 2012, the State Board of Education shall establish an accountability system to be used to measure the performance of individual public schools and school districts. The accountability system shall combine multiple indicators, including, but not limited to, graduation rates, student growth and student improvement on the assessment instruments provided in section 79-760.03, and other indicators of the performance of public schools and school districts as established by the state board.

(2) Beginning with the reporting of data from school year 2014-15, the indicators selected by the state board for the accountability system shall be combined into a school performance score and district performance score. The state board shall establish levels of performance based upon school performance scores and district performance scores in order to classify the performance of public schools and school districts beginning with the reporting of data from school year 2014-15. The state board shall designate priority schools based on such classification. Schools designated as priority schools shall be at the lowest performance level at the time of the initial priority school designation. Schools designated as priority schools shall remain priority schools until such designation is removed by the state board. No more than three schools may have a priority school designation at one time. Schools designated as priority schools shall be subject to the requirements of section 79-760.07. Progress plans for the initial schools designated as priority schools shall be approved by the state board no later than August 15, 2016. The State Department of Education shall annually report the performance level of individual public schools and school districts as part of the statewide assessment and reporting system.

Source:Laws 2012, LB870, § 2;    Laws 2014, LB438, § 2;    Laws 2015, LB525, § 13.    


79-760.07. Priority school; intervention team; members; duties; expenses; develop progress plan; contents; compliance required; review; school board; duties; Commissioner of Education; report; contents.

(1) For each school designated as a priority school, the Commissioner of Education shall appoint an intervention team. The intervention team shall assist the school district with diagnosing issues that negatively affect student achievement in the priority school, designing and implementing strategies to address such issues through the progress plan, and developing measurable indicators of progress.

(2) The intervention team shall be composed of up to five people with the education and experience to carry out the responsibilities of the team. Any member of the intervention team may receive pay for work performed in conjunction with his or her duties as a member of such team. Such pay shall be determined and provided (a) by the State Department of Education for any member of the intervention team who is not an employee of the school district containing the priority school for which such intervention team is appointed or (b) by the school district containing the priority school for which the intervention team is appointed for any member of the intervention team who is an employee of such school district. Any member of the intervention team who is eligible to receive pay from the department pursuant to subdivision (a) of this subsection shall also be eligible for reimbursement of actual and necessary expenses incurred in carrying out his or her duties as a member of such team as provided in sections 81-1174 to 81-1177. Reimbursement of actual and necessary expenses for any member of the intervention team who is an employee of the school district containing the priority school for which the intervention team is appointed shall be provided in accordance with the policies and procedures of such school district.

(3) The intervention team, in collaboration with the priority school staff and the administration and school board of the school district with control of the priority school, shall develop a progress plan for approval by the State Board of Education. Any progress plan shall include specific actions required by the school and the district in order to remove its classification as a priority school, including any required level of progress as indicated by the measurable indicators.

(4) Compliance with progress plans shall be a requirement to maintain accreditation for any school district that contains a priority school. The state board shall annually review any progress plans and determine whether any modifications are needed. If a school has been designated as a priority school for the fifth consecutive school year, the state board shall reevaluate the progress plan to determine if (a) a significant revision of the progress plan is necessary, (b) an entirely new progress plan is developed, or (c) an alternative administrative structure is warranted.

(5) The school board of a school district containing a priority school as designated pursuant to section 79-760.06 shall provide the intervention team with full access to the priority school, priority school staff, the school district, school district staff, academic information, financial information, and any other requested information.

(6) The Commissioner of Education shall annually report to the Governor and electronically to the Clerk of the Legislature and the chairperson of the Education Committee of the Legislature on all schools designated as priority schools. The report shall include the name of the school, the grades included in the priority school designation, the name of the school district, the years for which the school was designated a priority school, a summary of the progress plan, and the level of progress as indicated by the measurable indicators.

Source:Laws 2014, LB438, § 3.    


79-761. Mentor teacher programs; State Board of Education; duties.

The State Board of Education shall develop guidelines for mentor teacher programs in local systems in order to provide ongoing support for individuals entering the teaching profession. Mentor teachers shall not participate in the formal evaluation of beginning teachers which shall be the responsibility of school administrators. Local systems shall identify criteria for selecting excellent, experienced, and qualified teachers to be participants in the local system mentor teacher program which are consistent with the guidelines developed by the State Board of Education.

Source:Laws 1998, LB 1228, § 5; Laws 2006, LB 1208, § 3;    Laws 2015, LB525, § 14.    


79-762. Rules and regulations.

The State Board of Education shall adopt and promulgate rules and regulations to carry out the Quality Education Accountability Act.

Source:Laws 1998, LB 1228, § 6.


79-763. Repealed. Laws 2009, LB 476, § 6.

79-764. Repealed. Laws 2009, LB 476, § 6.

79-765. Repealed. Laws 2009, LB 476, § 6.

79-766. Repealed. Laws 2009, LB 476, § 6.

79-767. Repealed. Laws 2009, LB 476, § 6.

79-768. Repealed. Laws 2009, LB 476, § 6.

79-769. Focus programs; focus schools; magnet schools; authorized; requirements.

(1) Any one or more member school districts of a learning community may establish one or more focus programs, focus schools, or magnet schools. If included as part of the diversity plan of a learning community, the focus school or focus program shall be eligible for a focus school and program allowance pursuant to section 79-1007.05.

(2) Focus schools, focus programs, and magnet schools may be included in pathways across member school districts pursuant to the diversity plan developed by the learning community coordinating council pursuant to section 79-2104.

(3) If multiple member school districts collaborate on a focus program, focus school, or magnet school, the school districts shall form a joint entity pursuant to the Interlocal Cooperation Act for the purpose of creating, implementing, and operating such focus program, focus school, or magnet school. The agreement creating such joint entity shall address legal, financial, and academic responsibilities and the assignment to participating school districts of students enrolled in such focus program, focus school, or magnet school who reside in nonparticipating school districts.

(4) For purposes of this section:

(a) Focus program means a program that does not have an attendance area, whose enrollment is designed so that the socioeconomic diversity of the students attending the focus program reflects as nearly as possible the socioeconomic diversity of the student body of the learning community, which has a unique curriculum with specific learning goals or teaching techniques different from the standard curriculum, which may be housed in a building with other public school programs, and which may consist of either the complete education program for participating students or part of the education program for participating students;

(b) Focus school means a school that does not have an attendance area, whose enrollment is designed so that the socioeconomic diversity of the students attending the focus school reflects as nearly as possible the socioeconomic diversity of the student body of the learning community, which has a unique curriculum with specific learning goals or teaching techniques different from the standard curriculum, and which is housed in a building that does not contain another public school program;

(c) Magnet school means a school having a home attendance area but which reserves a portion of its capacity specifically for students from outside the attendance area who will contribute to the socioeconomic diversity of the student body of such school and which has a unique curriculum with specific learning goals or teaching techniques different from the standard curriculum; and

(d) Pathway means elementary, middle, and high school focus programs, focus schools, and magnet schools with coordinated curricula based on specific learning goals or teaching techniques.

Source:Laws 2006, LB 1024, § 57;    Laws 2007, LB641, § 11;    Laws 2008, LB1154, § 9;    Laws 2011, LB558, § 1.    


Cross References

79-770. Certificate of attendance; participation in high school graduation ceremony.

At the request of a parent or guardian, a school district shall issue a certificate of attendance to a student who receives special education services under the Special Education Act, who has reached seventeen years of age, and who has not completed his or her individualized education plan. A school district shall allow a student who receives a certificate of attendance under this section to participate in the high school graduation ceremony of such high school with students receiving high school diplomas. A student may receive only one certificate of attendance and may participate in only one graduation ceremony based on such certificate. The receipt of a certificate of attendance pursuant to this section shall not affect a school district's obligation to continue to provide special education services to a student receiving such certificate.

This section does not preclude a student from receiving a high school diploma by meeting the school district's graduation requirements established pursuant to section 79-729 or in his or her individualized education plan or receiving a diploma of high school equivalency under section 79-730 upon completing the requirements of such section. The school district may allow a student who has previously participated in a graduation ceremony based on a certificate of attendance to participate in an additional graduation ceremony when such student receives a high school diploma.

Source:Laws 2008, LB1153, § 1.    


Cross References

79-771. Nebraska community college degrees; how treated.

For purposes of financial aid relating to postsecondary education and admission to postsecondary educational institutions, a student shall be deemed a high school graduate if he or she has obtained an associate of arts degree or an associate of science degree from a community college in Nebraska.

Source:Laws 2009, LB102, § 1.    


79-772. Act, how cited.

Sections 79-772 to 79-775 shall be known and may be cited as the Center for Student Leadership and Expanded Learning Act.

Source:Laws 2009, LB476, § 1;    Laws 2016, LB1066, § 9.    


79-773. Legislative findings.

(1) The Legislature finds that:

(a) Since 1928, Nebraska students have benefited from participation in career education student organizations;

(b) Research conducted in 2007 by the National Research Center for Career and Technical Education has documented a positive association between career education student organizations participation and academic motivation, academic engagement, grades, career self-efficacy, college aspirations, and employability skills;

(c) Long-term sustainability of the state associations of career education student organizations has a positive impact on Nebraska students and is in the best interests of the economic well-being of the State of Nebraska;

(d) Students in Nebraska schools should have opportunities to acquire academic, technical, and employability knowledge and skills needed to meet the demands of a global economy;

(e) Students benefit from the opportunities provided by career education student organizations to develop and demonstrate leadership skills that prepare them for civic, economic, and entrepreneurial leadership roles;

(f) Students benefit from engaging in expanded-learning experiences outside their normal classrooms that allow them to apply their knowledge and skill in authentic situations;

(g) There is a need to establish and expand strategies and programs that enable young people to be college-ready and career-ready, build assets, and remain as productive citizens in their communities; and

(h) There is a need to establish a statewide structure that supports existing and emerging curriculum and program offerings with student leadership development opportunities and experiences.

(2) The Legislature recognizes that Nebraska must provide opportunities to educate young people with leadership and employability skills to (a) meet the needs of business and industry and remain economically viable, (b) educate and nurture future entrepreneurs for successful business ventures to diversify and strengthen our economic base, (c) foster rewarding personal development experiences that involve students in their communities and encourage them to return to their communities after completing postsecondary education, and (d) invest in and support the leadership development of our future state and community civic leaders.

Source:Laws 2009, LB476, § 2;    Laws 2016, LB1066, § 10.    


79-774. Terms, defined.

For purposes of the Center for Student Leadership and Expanded Learning Act:

(1) Career and technical education means educational programs that support the development of knowledge and skill in the following areas: Agriculture, food, and natural resources; architecture and construction; arts, audiovisual, technology, and communication; business management and administration; education and training; finance; government and public administration; health science; hospitality and tourism; human services; information technology; law, public safety, and security; marketing; manufacturing; science, technology, engineering, and mathematics; and transportation, distribution, and logistics;

(2) Career education student organization means an organization for individuals enrolled in a career and technical education program that engages career and technical education activities as an integral part of the instructional program; and

(3) Expanded learning means school-based or school-linked activities and programs that utilize school-community partnerships to expand opportunities for students to participate in educational activities outside the normal classroom.

Source:Laws 2009, LB476, § 3;    Laws 2016, LB1066, § 11.    


79-775. Purpose of act; Center for Student Leadership and Expanded Learning; duties.

The purpose of the Center for Student Leadership and Expanded Learning Act is to provide state support for establishing and maintaining within the State Department of Education the Center for Student Leadership and Expanded Learning. The center shall provide ongoing financial and administrative support for state leadership and administration of Nebraska career education student organizations, create and coordinate opportunities for students to participate in educational activities outside the normal classroom, and partner with state and local organizations to share research and identify best practices that can be disseminated to schools and community organizations.

Source:Laws 2009, LB476, § 4;    Laws 2016, LB1066, § 12.    


79-776. State Board of Education; policy to share student data; duties.

The State Board of Education shall enter into memoranda of understanding on or before September 1, 2010, with the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, and the board of governors of each community college area to adopt a policy to share student data. At a minimum, the policy shall ensure that the exchange of information is conducted in conformance with the requirements of the federal Family Educational Rights and Privacy Act of 1974, as amended, 20 U.S.C. 1232g, and all federal regulations and applicable guidelines adopted in accordance with such act, as such act, regulations, and guidelines existed on January 1, 2010.

Source:Laws 2010, LB1071, § 7.    


79-777. Career academy; establishment and operation; duties; funding; department; define standards and criteria.

(1) Any school district, with the approval of the State Department of Education, may establish and operate a career academy. The purpose of a career academy is to provide students with a career-based educational curriculum. A school district may partner with another school district, an educational service unit, a learning community, a postsecondary educational institution, or a private entity in the establishment and operation of a career academy.

(2) A career academy established pursuant to subsection (1) of this section shall:

(a) Recruit students who seek a career-based curriculum, which curriculum shall be based on criteria determined by the department;

(b) Recruit and hire instructors based on their expertise in career-based education; and

(c) Provide a rigorous academic curriculum with a transition component to prepare students for the workforce, including, but not limited to, internships, job training, and skills training.

(3) In addition to funding from the establishing school district or any of the district's partners, a career academy may also receive private donations for operating expenses.

(4) The department shall define standards and criteria for (a) the establishment, evaluation, and continuing approval of career academies, (b) career-based curriculum utilized by career academies, (c) the necessary data elements and collection of data pertaining to career academies, including, but not limited to, the number of students enrolled in a career academy and their grade levels, and (d) the establishment of advisory boards consisting of business and education representatives to provide guidance and direction for the operation of career academies.

(5) The State Board of Education may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2012, LB870, § 4.    


79-801. Nebraska certificate to administer; required of administrators and supervisors.

All persons holding the official title of (1) superintendent of schools, (2) principal or supervisor of an accredited school, or (3) supervisor of any special subjects or subject in which such persons actually supervise the work of other teachers in that subject or those subjects shall hold a Nebraska certificate to administer.

Source:Laws 1937, c. 184, § 3, p. 728; C.S.Supp.,1941, § 79-1303; R.S.1943, § 79-1329; Laws 1949, c. 256, § 329, p. 801; Laws 1957, c. 355, § 18, p. 1212; R.S.1943, (1994), § 79-1229; Laws 1996, LB 900, § 431; Laws 2003, LB 685, § 4.    


Cross References

79-802. Nebraska certificate or permit; prerequisite to teaching; employment of teacher aides; requirements.

(1) Except as provided in subsection (2) of this section, no person shall be employed to teach in any public, private, denominational, or parochial school in this state who does not hold a valid Nebraska certificate or permit issued by the Commissioner of Education legalizing him or her to teach the grade or subjects to which elected.

(2) Any person who holds a valid certificate or permit to teach issued by another state may be employed as a substitute teacher in any public, private, denominational, or parochial school in this state for not more than ten working days if he or she begins the application process, on the first employment day, for a Nebraska substitute teacher's certificate and the issuance of such certificate is pending.

(3) Public, private, denominational, or parochial schools in the state may employ persons who do not hold a valid Nebraska teaching certificate or permit issued by the Commissioner of Education to serve as aides to a teacher or teachers. Such teacher aides may not assume any teaching responsibilities. A teacher aide may be assigned duties which are nonteaching in nature if the employing school has assured itself that the aide has been specifically prepared for such duties, including the handling of emergency situations which might arise in the course of his or her work.

Source:Laws 1925, c. 182, § 7, p. 476; C.S.1929, § 79-1307; R.S.1943, § 79-1333; Laws 1949, c. 256, § 333, p. 802; Laws 1957, c. 355, § 19, p. 1212; Laws 1965, c. 515, § 4, p. 1638; Laws 1969, c. 726, § 1, p. 2760; Laws 1988, LB 802, § 22; Laws 1995, LB 123, § 1; R.S.Supp.,1995, § 79-1233; Laws 1996, LB 900, § 432; Laws 1997, LB 347, § 23.


Cross References

Annotations

79-802.01. American Indian language teacher; requirements.

(1) Teaching American Indian languages is essential to the proper education of American Indian children. School districts and postsecondary educational institutions may employ approved American Indian language teachers to teach their native language. For purposes of this section, approved American Indian language teacher means a teacher who has passed the tribe's written and oral approval test.

(2) Approved American Indian language teachers that do not also have a Nebraska teaching certificate shall not teach any subject other than the American Indian language they are approved to teach by the tribe.

(3) Each tribe shall develop both a written and an oral test that must be successfully completed in order to determine that a teacher is approved to teach the tribe's native language. When developing such approval tests, the tribe shall include, but not be limited to, which dialects will be used, whether it will standardize its writing system, and how the teaching methods will be evaluated in the classroom. The teacher approval tests shall be administered at a community college or state college.

Source:Laws 1999, LB 475, § 1.    


79-803. Certificate; extension; service in armed forces; conditions.

The Commissioner of Education may extend the term of the certificate of any person who has served in the armed forces of the United States and whose certificate was in force on the day of induction or the spouse of such person. This extension shall be equal in length of time to the total number of months which intervene between the date of entrance into the military service and the date of discharge therefrom. There shall be no fee for this service. Each person who applies for an extension of the term of his or her certificate shall furnish the Commissioner of Education proper evidence of service in the armed forces and of sound physical and mental health at the time he or she applies for such extension.

Source:Laws 1945, c. 220, § 1, p. 657; R.S.Supp.,1947, § 79-1335.01; Laws 1949, c. 256, § 336, p. 803; Laws 1951, c. 287, § 1, p. 954; Laws 1971, LB 802, § 3; R.S.1943, (1994), § 79-1236; Laws 1996, LB 900, § 433; Laws 1999, LB 813, § 18.    


79-804. Teacher's or administrator's certificate; registration required; failure; effect.

(1) Each teacher or administrator shall register his or her certificate with the public, private, denominational, or parochial school in which the teacher or administrator is employed. The superintendent or administrator of the school shall endorse upon the certificate that it has been registered and the date of registration. Such registration shall be without fee. No employment of a teacher or administrator shall be valid until the certificate is so registered. On or before September 15 of each year, the public, private, denominational, and parochial schools shall file with the State Department of Education a fall personnel report which shall specify the names of all individuals employed by the school who are required by law to hold a certificate and such other information as the Commissioner of Education directs. The superintendent or administrator of the school shall transmit within ten days to the State Department of Education the name of the teacher or administrator to be employed, together with the position to which employed, if the teacher or administrator is employed after the submission of the fall personnel report. The Commissioner of Education shall certify to the school the name of any teacher or administrator who has not been issued a certificate or given evidence of application to the State Department of Education and qualification for a certificate or permit. The teacher or administrator shall not be reimbursed for any services to the school after the date of receipt of notification by the school.

(2) The Commissioner of Education shall notify the county treasurer to withhold all school money belonging to any district employing an uncertificated teacher or administrator until the teacher or administrator has obtained a certificate or has been dismissed by the board employing such teacher or administrator. The county treasurer shall withhold such money.

Source:Laws 1925, c. 181, § 1, p. 470; C.S.1929, § 79-1310; R.S.1943, § 79-1338; Laws 1949, c. 256, § 339, p. 803; Laws 1959, c. 410, § 1, p. 1376; Laws 1961, c. 408, § 1, p. 1225; Laws 1971, LB 802, § 4; R.S.1943, (1994), § 79-1239; Laws 1996, LB 900, § 434; Laws 1999, LB 272, § 87.    


Annotations

79-805. Teachers or administrators without certificates; employment prohibited; effect.

The school board or board of education shall be personally liable for all public money paid to teachers or administrators who are not qualified under sections 79-806 to 79-815. A teacher or administrator violating such sections shall not recover any money for services while teaching during the time that such contract and certificate are invalid. Any person having knowledge of the employment by a school district of an uncertified teacher or administrator may prefer charges against the board.

Source:Laws 1925, c. 181, § 2, p. 470; C.S.1929, § 79-1311; R.S.1943, § 79-1339; Laws 1949, c. 256, § 340, p. 804; Laws 1965, c. 515, § 5, p. 1638; Laws 1971, LB 802, § 5; Laws 1988, LB 802, § 23; R.S.1943, (1994), § 79-1240; Laws 1996, LB 900, § 435; Laws 2003, LB 685, § 5.    


Annotations

79-806. Declaration of purpose.

It is declared to be the purpose of sections 79-806 to 79-815 to provide more flexibility in the certification of qualified educators for Nebraska schools and not to decrease any requirements for certificates to teach, provide special services, and administer in Nebraska schools.

Source:Laws 1963, c. 491, § 1, p. 1569; Laws 1988, LB 802, § 24; R.S.1943, (1994), § 79-1247.03; Laws 1996, LB 900, § 436; Laws 2003, LB 685, § 6.    


Cross References

Annotations

79-807. Terms, defined.

For purposes of sections 79-806 to 79-815, unless the context otherwise requires:

(1) Basic skills competency means either (a) proficiency in (i) the written use of the English language, (ii) reading, comprehending, and interpreting professional writing and other written materials, and (iii) working with fundamental mathematical computations as demonstrated by successful completion of an examination designated by the board taken by teacher education students at a standard institution of higher education or (b) successful employment experiences;

(2) Board means the State Board of Education;

(3) Certificate means an authorization issued by the commissioner to an individual who meets the qualifications to engage in teaching, providing special services, or administering in prekindergarten through grade twelve in the elementary and secondary schools in this state;

(4) Commissioner means the Commissioner of Education;

(5) Department means the State Department of Education;

(6) Human relations training means course work or employment experiences that lead to (a) an awareness and understanding of the values, lifestyles, contributions, and history of a pluralistic society, (b) the ability to recognize and deal with dehumanizing biases, including, but not limited to, sexism, racism, prejudice, and discrimination, and an awareness of the impact such biases have on interpersonal relations, (c) the ability to translate knowledge of human relations into attitudes, skills, and techniques which result in favorable experiences for students, (d) the ability to recognize the ways in which dehumanizing biases may be reflected in instructional materials, (e) respect for human dignity and individual rights, and (f) the ability to relate effectively to other individuals and to groups in a pluralistic society other than the applicant's own;

(7) Special education training means course work or employment experiences that provide an individual with the knowledge of (a) the exceptional needs of the disabilities defined under the Special Education Act, (b) the major characteristics of each disability in order to recognize its existence in children, (c) the various alternatives for providing the least restrictive environment for children with disabilities, (d) methods of teaching children with disabilities in the regular classroom, and (e) prereferral alternatives, referral systems, multidisciplinary team responsibilities, the individualized education plan process, and the placement process;

(8) Special services means supportive services provided to students that do not primarily involve teaching, including, but not limited to, (a) audiology, psychology, and physical or occupational therapy, (b) the coaching of extracurricular activities, and (c) subject areas for which endorsement programs are not offered by a standard institution of higher education; and

(9) Standard institution of higher education means any college or university, the teacher education programs of which are fully approved by the board or approved in another state pursuant to standards which are comparable and equivalent to those set by the board.

Source:Laws 1963, c. 491, § 2, p. 1569; Laws 1988, LB 802, § 25; Laws 1989, LB 250, § 1; R.S.1943, (1994), § 79-1247.04; Laws 1996, LB 900, § 437; Laws 2003, LB 685, § 7.    


Cross References

79-808. Teachers and administrators; certificates and permits; requirements; board; duties; advisory committees.

(1) The board shall establish, adopt, and promulgate appropriate rules, regulations, and procedures governing the issuance, renewal, conversion, suspension, and revocation of certificates and permits to teach, provide special services, and administer based upon (a) earned college credit in humanities, social and natural sciences, mathematics, or career and technical education, (b) earned college credit, or its equivalent in professional education, for particular teaching, special services, or administrative assignments, (c) criminal history record information if the applicant has not been a continuous Nebraska resident for five years immediately preceding application for the first issuance of a certificate, (d) human relations training, (e) successful teaching, administration, or provision of special services, and (f) moral, mental, and physical fitness for teaching, all in accordance with sound educational practices. Such rules, regulations, and procedures shall also provide for endorsement requirements to indicate areas of specialization on such certificates and permits.

(2) The board may issue a temporary certificate, valid for a period not to exceed two years, to any applicant for certification who has not completed the human relations training requirement.

(3) Members of any advisory committee established by the board to assist the board in teacher education and certification matters shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177. Each school district which has an employee who serves as a member of such committee and which is required to hire a person to replace such member during the member's attendance at meetings or activities of the committee or any subcommittee thereof shall be reimbursed from the Certification Fund for the expense it incurs from hiring a replacement. School districts may excuse employees who serve on such advisory committees from certain duties which conflict with any advisory committee duties.

Source:Laws 1963, c. 491, § 3, p. 1569; Laws 1981, LB 427, § 1; Laws 1984, LB 994, § 9; Laws 1985, LB 633, § 7; Laws 1986, LB 997, § 14; Laws 1987, LB 529, § 6; Laws 1989, LB 250, § 2; Laws 1990, LB 1090, § 20; Laws 1991, LB 511, § 57; Laws 1992, LB 245, § 62; Laws 1995, LB 123, § 2; R.S.Supp.,1995, § 79-1247.05; Laws 1996, LB 900, § 438; Laws 2001, LB 314, § 1;    Laws 2003, LB 685, § 8;    Laws 2009, LB547, § 2.    


Annotations

79-809. Teachers' entry-level certificates or permits; qualifications.

In addition to the requirements in section 79-808, the maximum which the board may require for the issuance of any entry-level certificate or permit shall be that the applicant (1) has a baccalaureate degree that qualifies for a certificate to teach, (2) has satisfactorily completed, within two years of the date of application, an approved program at a standard institution of higher education, (3) has satisfactorily demonstrated basic skills competency, (4) has special education training, (5) has earned college credit in an approved program, at a standard institution of higher education, for which endorsement is sought, and (6) has paid a nonrefundable fee to the department as provided in section 79-810.

Source:Laws 1963, c. 491, § 4, p. 1570; Laws 1976, LB 833, § 1; Laws 1984, LB 994, § 10; Laws 1985, LB 633, § 8; Laws 1990, LB 1090, § 21; Laws 1994, LB 1310, § 10; Laws 1996, LB 754, § 8; R.S.1943, (1994), § 79-1247.06; Laws 1996, LB 900, § 439; Laws 2001, LB 314, § 2;    Laws 2003, LB 685, § 9;    Laws 2007, LB150, § 1.    


Annotations

79-810. Certificates or permits; issuance by Commissioner of Education; fee; disposition; contents of certificate or permit; endorsements; Certification Fund; Professional Practices Commission Fund; created; use; investment.

(1) Certificates and permits shall be issued by the commissioner upon application on forms prescribed and provided by him or her which shall include the applicant's social security number.

(2) Each certificate or permit issued by the commissioner shall indicate the area of authorization to teach, provide special services, or administer and any areas of endorsement for which the holder qualifies. During the term of any certificate or permit issued by the commissioner, additional endorsements may be made on the certificate or permit if the holder submits an application, meets the requirements for issuance of the additional endorsements, and pays a nonrefundable fee of forty dollars.

(3) The Certification Fund is created. Any fee received by the department under sections 79-806 to 79-815 shall be remitted to the State Treasurer for credit to the fund. The fund shall be used by the department in paying the costs of certifying educators pursuant to such sections and to carry out subsection (3) of section 79-808. For issuance of a certificate or permit valid in all schools, the nonrefundable fee shall be fifty-five dollars, except that thirteen dollars of the fifty-five-dollar fee shall be credited to the Professional Practices Commission Fund which is created for use by the department to pay for the provisions of sections 79-859 to 79-871, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. For issuance of a certificate or permit valid only in nonpublic schools, the nonrefundable fee shall be forty dollars. Any money in the Certification Fund or the Professional Practices Commission Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1963, c. 491, § 5, p. 1571; Laws 1967, c. 549, § 8, p. 1814; Laws 1969, c. 728, § 1, p. 2763; Laws 1969, c. 729, § 1, p. 2764; Laws 1969, c. 584, § 79, p. 2393; Laws 1977, LB 540, § 1; Laws 1980, LB 771, § 1; Laws 1991, LB 855, § 1; Laws 1991, LB 511, § 58; Laws 1992, LB 245, § 63; Laws 1993, LB 348, § 29; Laws 1994, LB 1066, § 89; R.S.1943, (1994), § 79-1247.07; Laws 1996, LB 900, § 440; Laws 1997, LB 206, § 1; Laws 1997, LB 752, § 216; Laws 2002, Second Spec. Sess., LB 1, § 5;    Laws 2003, LB 685, § 10;    Laws 2007, LB150, § 2;    Laws 2009, First Spec. Sess., LB3, § 59.    


Cross References

79-811. Teachers' and administrators' certificates or permits; college credits submitted; certification.

All college credits submitted for the purpose of obtaining a certificate or permit shall be earned in or accepted by a standard institution of higher education and shall be certified by the proper authorities of the institution attended, showing the academic and professional preparation of the applicant.

Source:Laws 1963, c. 491, § 6, p. 1571; R.S.1943, (1994), § 79-1247.08; Laws 1996, LB 900, § 441; Laws 2003, LB 685, § 11.    


Cross References

79-812. Repealed. Laws 2003, LB 685, § 37.

79-813. Teachers' and administrators' certificates or permits; reciprocity; requirements.

The board may authorize the issuance of certificates or permits to applicants who hold a valid certificate or permit currently in force in a state other than Nebraska if the requirements for the certificate or permit held by the applicant are comparable and equivalent to those required for a similar type of certificate or permit issued under sections 79-806 to 79-815.

Source:Laws 1963, c. 491, § 8, p. 1571; Laws 1988, LB 802, § 26; R.S.1943, (1994), § 79-1247.10; Laws 1996, LB 900, § 443; Laws 2003, LB 685, § 12.    


79-814. Teachers' and administrators' certificates or permits; limitations on use.

The board may limit the use of any certificate or permit issued under sections 79-806 to 79-815.

Source:Laws 1963, c. 491, § 9, p. 1572; Laws 1985, LB 633, § 9; R.S.1943, (1994), § 79-1247.11; Laws 1996, LB 900, § 444; Laws 1997, LB 347, § 24; Laws 2003, LB 685, § 13.    


79-814.01. Criminal history record information search; denial of certificate or permit; when; costs; confidentiality.

(1) Upon request by the commissioner, the Nebraska State Patrol shall undertake a search for criminal history record information relating to an applicant for a certificate pursuant to subdivision (1)(c) of section 79-808, including transmittal of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The criminal history record information check shall include information concerning the applicant from federal repositories of such information and repositories of such information in other states if authorized by federal law. The Nebraska State Patrol shall issue a report to the commissioner that shall include the criminal history record information concerning the applicant.

(2) The commissioner may deny issuance of a certificate or permit to any applicant who has a felony conviction or who has any misdemeanor conviction involving abuse, neglect, or sexual misconduct. In reviewing an applicant's criminal history record information, the commissioner shall take into consideration any information, including information submitted by the applicant, regarding (a) the facts and circumstances surrounding a conviction, (b) the type of offense and the sentence imposed, (c) whether the conduct resulting in a conviction would constitute a crime in Nebraska, (d) the date of the offense, (e) the age of the applicant at the time of the offense, and (f) the applicant's conduct and positive social contributions since the offense.

(3) The board shall determine and set the costs for processing criminal history record information checks pursuant to this section and section 79-808 which shall be borne by the applicant for a certificate or permit. The costs shall be limited to the actual direct costs arising from the processing of the criminal history record information checks.

(4) Criminal history record information subject to federal confidentiality requirements shall remain confidential and may be released only upon the written authorization by the applicant, except that if the applicant appeals the denial of a certificate or permit by the commissioner, the filing of an administrative appeal shall constitute a release of the information for the limited purpose of the appeal. If the applicant requests a closed hearing, such request shall be subject to the Open Meetings Act.

Source:Laws 2003, LB 685, § 14;    Laws 2004, LB 821, § 28.    


Cross References

79-814.02. Conditional permit; when.

An applicant subject to a criminal history record information check shall be issued a conditional permit prior to receipt by the commissioner of criminal history record information of the applicant, which conditional permit shall be valid for up to one year, if the applicant signs a statement that identifies all crimes of which the applicant has been convicted and the commissioner determines the applicant to be of good moral character and meets all other certification requirements. An applicant's conditional permit is void upon a final determination that the applicant does not meet the requirements for issuance of a certificate. The applicant may request a hearing regarding the denial of a certificate or permit as provided by the rules and regulations adopted pursuant to section 79-808.

For purposes of this section, a determination is final upon issuance of a final decision on appeal or upon expiration of the time in which the applicant may request a hearing without such hearing being requested.

Source:Laws 2003, LB 685, § 15.    


79-815. Certificate; continuance in force; conversion privileges.

Any regular Nebraska certificate, including any permanent or life certificate in force on January 1, 1964, shall remain in force for its regular term. Upon application by the holder of any such certificate, the board may authorize the conversion of such certificate to a similar certificate or permit issued by the commissioner under sections 79-806 to 79-815.

Source:Laws 1963, c. 491, § 11, p. 1572; Laws 1971, LB 292, § 21; Laws 1988, LB 802, § 28; R.S.1943, (1994), § 79-1247.13; Laws 1996, LB 900, § 445; Laws 2003, LB 685, § 16.    


79-816. Repealed. Laws 2003, LB 685, § 37.

79-817. Schools; contract of employment; writing required.

A contract for the employment of a teacher or administrator for a public school in the State of Nebraska shall be in writing.

Source:Laws 1943, c. 201, § 1, p. 672; R.S.1943, § 79-2146; Laws 1949, c. 256, § 348, p. 807; Laws 1971, LB 802, § 6; R.S.1943, (1994), § 79-1248; Laws 1996, LB 900, § 447; Laws 2001, LB 797, § 17.    


Annotations

79-818. School board; employment of teachers and administrators; contracts; how executed; prohibitions.

A majority of the members of a school board of any school district may enter into a contract of employment with a legally qualified teacher or administrator. Such majority has authority to designate one or more members of the board to sign such contract, which signature shall be binding upon the entire board. A duplicate of such contract shall be filed with the secretary. No member of the board shall enter into or execute on behalf of the district any contract with any teacher or administrator related to him or her or to the majority of the board by blood or marriage notwithstanding section 49-1499.04. The secretary shall notify the State Department of Education, at the time the contract is made, of the length of the proposed term of school and the name of the teacher or administrator. No money belonging to the district shall be paid for teaching to any but legally qualified teachers, and a board shall not pay out money belonging to the school district to any teacher or administrator after such board has received a sworn statement upon behalf of a board that the services of the teacher or administrator in question are under previous contract to that board.

Source:Laws 1881, c. 78, subdivision IV, § 11, p. 348; Laws 1883, c. 72, § 7, p. 291; Laws 1901, c. 60, § 1, p. 432; R.S.1913, § 6773; Laws 1915, c. 117, § 1, p. 267; C.S.1922, § 6314; C.S.1929, § 79-411; Laws 1937, c. 182, § 1, p. 713; C.S.Supp.,1941, § 79-411; R.S.1943, § 79-411; Laws 1949, c. 256, § 349, p. 807; Laws 1971, LB 802, § 7; R.S.1943, (1994), § 79-1249; Laws 1996, LB 900, § 448; Laws 1999, LB 272, § 88;    Laws 2001, LB 242, § 25.    


Annotations

79-819. Schools; contract of employment; contents.

A contract for employment of a teacher or administrator authorized under section 79-818 shall contain (1) a provision by which the employed person affirms that he or she holds or will hold, at the beginning of the term of the contract, a valid certificate properly registered with the school district and that he or she is not under contract with another school board of a school district in this state and (2) a provision that there shall be no penalty for release from the contract.

Source:Laws 1943, c. 201, § 2, p. 672; R.S.1943, § 79-2147; Laws 1949, c. 256, § 350, p. 808; Laws 1971, LB 802, § 8; R.S.1943, (1994), § 79-1250; Laws 1996, LB 900, § 449; Laws 1999, LB 272, § 89.    


Cross References

Annotations

79-820. Schools; contract with employees of another district, prohibited; penalty.

No school board or board of education in the State of Nebraska shall enter into a contract of employment with a teacher or administrator who is already under contract with another school board or board of education within this state covering a part or all of the same time of performance as the contract with such other board. No person under contract with any school board or board of education shall enter into such a contract of employment with another school board or board of education for part or all of the same time of performance as his or her contract with such other board. Upon the receipt of a sworn statement, made for or authorized by such other board, that a person employed by any board in such capacity is already under contract of employment with such other board for part or all of the same time of performance as such person is, has been, or will be so employed by the board, the board shall immediately cease payment of any salary to such teacher or administrator. Any member of a board of education or school board who knowingly violates any of the provisions of this section shall be individually and personally liable for any damages sustained by the other school district.

Source:Laws 1943, c. 201, § 3, p. 672; R.S.1943, § 79-2148; Laws 1949, c. 256, § 351, p. 808; Laws 1971, LB 802, § 9; R.S.1943, (1994), § 79-1251; Laws 1996, LB 900, § 450.


79-821. Schools; violation of contract; notice; suspension of certificate.

Upon presentation of proof that any teacher, principal, supervisor, assistant superintendent, or superintendent has, without just cause, violated or abrogated his or her contract with a school district in the state, the State Board of Education shall suspend the certificate of such teacher, principal, supervisor, assistant superintendent, or superintendent for a period of not more than one calendar year after a hearing has been held at a time and place fixed by the board and of which notice has been given to the person whose certificate is sought to be suspended by either registered or certified mail at least ten days prior to the hearing.

Source:Laws 1943, c. 201, § 4, p. 673; R.S.1943, § 79-2149; Laws 1949, c. 256, § 352, p. 809; Laws 1957, c. 242, § 58, p. 865; Laws 1992, LB 1001, § 28; R.S.1943, (1994), § 79-1252; Laws 1996, LB 900, § 451.


Annotations

79-822. Administrators; employment; salary; contract; term.

At any regular meeting, a school board or board of education may elect for employment such administrators as the board may deem necessary for the proper conduct of the affairs of the school district at such salaries as the board may deem reasonable. It may contract with such administrators for terms not to exceed three years. No person shall be declared elected unless he or she receives the vote of a majority of all the members of the board. The contract of employment shall be reduced to writing.

Source:Laws 1971, LB 802, § 11; R.S.1943, (1994), § 79-1254.01; Laws 1996, LB 900, § 452.


79-823. Repealed. Laws 1997, LB 347, § 59.

79-824. Terms, defined.

For purposes of sections 79-824 to 79-842, unless the context otherwise requires:

(1) Certificated employee means and includes all teachers and administrators as defined in section 79-101, other than substitute teachers, who are employed one-half time or more by any class of school district;

(2) School board means the governing board or body of any class of school district;

(3) Probationary certificated employee means a teacher or administrator who has served under a contract with the school district for less than three successive school years in any school district, unless extended one or two years by a majority vote of the board in a Class IV or V school district, except that after September 1, 1983, in Class IV and V school districts the requirement shall be three successive school years. Probationary certificated employee also means superintendents, regardless of length of service;

(4) Just cause means: (a) Incompetency, which includes, but is not limited to, demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or administrative skills; (b) neglect of duty; (c) unprofessional conduct; (d) insubordination; (e) immorality; (f) physical or mental incapacity; (g) failure to give evidence of professional growth as required in section 79-830; or (h) other conduct which interferes substantially with the continued performance of duties;

(5) Permanent certificated employee means a teacher or administrator who has served the probation period as defined in this section; and

(6) School year, for purposes of employment, means three-fourths of the school year or more on duty, exclusive of summer school.

A certificated employee who has been hired to fulfill the duties of another certificated employee who is on leave of absence shall not accrue rights under sections 79-824 to 79-842 during the period that the employee is fulfilling such duties.

Source:Laws 1982, LB 259, § 1; Laws 1984, LB 994, § 13; Laws 1991, LB 166, § 1; R.S.1943, (1994), § 79-12,107; Laws 1996, LB 900, § 454.


Annotations

79-825. Part-time certificated employee; become permanent employee; formula; reduction in force; effect.

(1) Part-time certificated employees shall become permanent certificated employees based upon the following formula:

(a) For certificated employees employed four-fifths time or more, each such year of employment shall count as a full successive school year; and

(b) For certificated employees employed one-half time or more but less than four-fifths time, each such year of employment shall be credited against the three-year requirement for acquiring permanent certificated employee status in an amount proportionate to the term of such employment for each year. Such certificated employees shall become eligible for permanent certificated status at the beginning of the school year next succeeding the year in which they attain the proportionate amount of time.

(2) Any certificated employee who achieves permanent certificated employee status shall not lose such permanent certificated employee status because of reduction in force resulting in a contract amendment which would reduce such certificated employee to any part-time employment position.

Source:Laws 1982, LB 259, § 2; Laws 1991, LB 166, § 2; R.S.1943, (1994), § 79-12,108; Laws 1996, LB 900, § 455.


Cross References

Annotations

79-826. Certificated employee; disciplinary action; superintendent; powers; procedures.

The superintendent or the superintendent's designee may take action with regard to a certificated employee's performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes, including: (1) Counseling; (2) oral reprimand; (3) written reprimand; and (4) suspension without pay for not to exceed thirty working days.

Prior to taking any action under subdivision (3) of this section, the certificated employee shall be advised of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. The certificated employee may proceed under the school district's grievance procedure if the school district has such a grievance procedure which provides for a review of such action or may, within seven calendar days after the superintendent or superintendent's designee takes such action, challenge the decision through the administrative chain of command.

Prior to taking any action under subdivision (4) of this section, the certificated employee shall be advised in writing of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. Within seven calendar days after receipt of such notice, the certificated employee may make a written request to the secretary of the school board or the superintendent or superintendent's designee for formal due process hearing under section 79-832. If such a request is not delivered within such time, the action of the superintendent or the superintendent's designee shall become final.

Source:Laws 1982, LB 259, § 3; R.S.1943, (1994), § 79-12,109; Laws 1996, LB 900, § 456.


Annotations

79-827. Certificated employee; contract cancellation or amendment; reasons; procedures.

(1) The contract of any certificated employee, including a superintendent, associate superintendent, or assistant superintendent, may be canceled or amended by a majority of the members of the school board during the school year for any of the following reasons: (a) Upon revocation or suspension of a certificate by the State Board of Education of any certificated employee whose duties require such a certificate; (b) breach of any of the material provisions of the teacher's or administrator's contract; (c) for any of the reasons set forth in the employment contract; (d) incompetency; (e) neglect of duty; (f) unprofessional conduct; (g) insubordination; (h) immorality; or (i) physical or mental incapacity.

(2) If the school board or the superintendent or superintendent's designee of any school district determines that it is appropriate to consider cancellation of a certificated employee's contract during the school year for the reasons set forth in subsection (1) of this section, the certificated employee shall be notified in writing of the alleged grounds for cancellation of the contract and that such certificated employee's contract may be canceled. Within seven calendar days after receipt of such notice, the certificated employee may make a written request to the secretary of the school board or to the superintendent or superintendent's designee for a hearing.

(3) Prior to scheduling of action or the hearing, if requested, the notice of possible cancellation and the reasons supporting possible cancellation shall be considered a confidential employment matter subject to the provisions of sections 79-539, 79-8,109, and 84-1410 and shall not be released to the public or any news media.

(4) This section does not prevent the suspension from duty with pay of a certificated employee pending a decision on the cancellation of the contract.

Source:Laws 1982, LB 259, § 4; R.S.1943, (1994), § 79-12,110; Laws 1996, LB 900, § 457; Laws 2003, LB 685, § 17.    


Annotations

79-828. Probationary certificated employee; probationary period; evaluation; contract amendment or nonrenewal; procedure.

(1) The contract of a probationary certificated employee shall be deemed renewed and remain in full force and effect unless amended or not renewed in accordance with sections 79-824 to 79-842.

(2) The purpose of the probationary period is to allow the employer an opportunity to evaluate, assess, and assist the employee's professional skills and work performance prior to the employee obtaining permanent status.

All probationary certificated employees employed by any class of school district shall, during each year of probationary employment, be evaluated at least once each semester, unless the probationary certificated employee is a superintendent, in accordance with the procedures outlined below:

The probationary certificated employee shall be observed and evaluation shall be based upon actual classroom observations for an entire instructional period. If deficiencies are noted in the work performance of any probationary certificated employee, the evaluator shall provide the probationary certificated employee at the time of the observation with a list of deficiencies and a list of suggestions for improvement and assistance in overcoming the deficiencies. The evaluator shall also provide the probationary certificated employee with followup evaluations and assistance when deficiencies remain.

If the probationary certificated employee is a superintendent, he or she shall be evaluated twice during the first year of employment and at least once annually thereafter.

Any certificated employee employed prior to September 1, 1982, by the school board of any Class I, II, III, or VI school district shall serve the probationary period required by law prior to such date and shall not be subject to any extension of probation.

(3) If the school board or the superintendent or superintendent's designee determines that it is appropriate to consider whether the contract of a probationary certificated employee or the superintendent should be amended or not renewed for the next school year, such certificated employee shall be given written notice that the school board will consider the amendment or nonrenewal of such certificated employee's contract for the ensuing school year. Upon request of the certificated employee, notice shall be provided which shall contain the written reasons for such proposed amendment or nonrenewal and shall be sufficiently specific so as to provide such employee the opportunity to prepare a response and the reasons set forth in the notice shall be employment related.

(4) The school board may elect to amend or not renew the contract of a probationary certificated employee for any reason it deems sufficient if such nonrenewal is not for constitutionally impermissible reasons, and such nonrenewal shall be in accordance with sections 79-824 to 79-842. Amendment or nonrenewal for reason of reduction in force shall be subject to sections 79-824 to 79-842 and 79-846 to 79-849.

(5) Within seven calendar days after receipt of the notice, the probationary certificated employee may make a written request to the secretary of the school board or to the superintendent or superintendent's designee for a hearing before the school board.

(6) Prior to scheduling of action or a hearing on the matter, if requested, the notice of possible amendment or nonrenewal and the reasons supporting possible amendment or nonrenewal shall be considered a confidential employment matter as provided in sections 79-539, 79-8,109, and 84-1410 and shall not be released to the public or any news media.

(7) At any time prior to the holding of a hearing or prior to final determination by the school board to amend or not renew the contract involved, the probationary certificated employee may submit a letter of resignation for the ensuing year, which resignation shall be accepted by the school board.

(8) The probationary certificated employee shall be afforded a hearing which shall not be required to meet the requirements of a formal due process hearing as set forth in section 79-832 but shall be subject to section 79-834.

Source:Laws 1982, LB 259, § 5; Laws 1986, LB 534, § 1; R.S.1943, (1994), § 79-12,111; Laws 1996, LB 900, § 458; Laws 2012, LB870, § 5.    


Annotations

79-829. Permanent certificated employee; contract amendment or termination; reasons.

The contract of a permanent certificated employee shall be deemed continuing and shall be renewed and remain in full force and effect unless amended or terminated in accordance with the provisions of sections 79-824 to 79-842. The school board by a vote of the majority of its members may determine that such permanent certificated employee's contract shall be amended or terminated for any of the following reasons: (1) Just cause as defined in section 79-824; (2) reduction in force as set forth in sections 79-846 to 79-849, or change of leave-of-absence policies; (3) failure of the certificated employee upon written request of the school board or the administrators of the school district to accept employment for the next school year within the time designated in the request, except that the certificated employee shall not be required to signify such acceptance prior to March 15 of each year; or (4) revocation or suspension by the State Board of Education of the certificate of a certificated employee whose duties require such a certificate.

Source:Laws 1982, LB 259, § 6; R.S.1943, (1994), § 79-12,112; Laws 1996, LB 900, § 459; Laws 2003, LB 685, § 18.    


Annotations

79-830. Permanent certificated employee; evidence of professional growth required.

Every six years permanent certificated employees shall give evidence of professional growth. Six semester hours of college credit shall be accepted as evidence of professional growth or, in the alternative, such other activities as are approved by the school board, which may include, but are not limited to, educational travel, professional publications, or work on educational committees.

Source:Laws 1982, LB 259, § 7; R.S.1943, (1994), § 79-12,113; Laws 1996, LB 900, § 460.


79-831. Certificated employee; contract amendment, termination, nonrenewal, or cancellation; notice; hearing.

Any probationary or permanent certificated employee whose contract of employment may be amended, terminated, or not renewed for the next 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 hearing, a written request shall be sent to the secretary of the school board or the superintendent of schools or the superintendent's designee within seven calendar days after receipt of the written notice. Unless (1) continued by written agreement between the parties or their representatives as provided in this section or (2) a hearing officer is utilized as provided in sections 79-840 to 79-842, final action by the school board must be taken on or before May 15 of each year. If a hearing on amendment, nonrenewal, cancellation, or termination is not requested within the time provided for in sections 79-824 to 79-842, the school board shall make a final determination. With regard to all hearings provided for under such sections, either formal due process hearings or informal hearings, the certificated employee shall be advised in writing at least five days prior to the date of hearing of the date, time, and place of the hearing. Except as provided in section 79-840, all such hearings shall be held within thirty days of the date of the request for hearing. The parties or their representatives by mutual agreement, confirmed in writing, may extend the times for hearings or final determinations by the board under sections 79-824 to 79-842.

Source:Laws 1982, LB 259, § 8; Laws 1993, LB 177, § 1; R.S.1943, (1994), § 79-12,114; Laws 1996, LB 900, § 461.


Annotations

79-832. Formal due process hearing; employee's rights; how conducted; school board decision.

(1) A formal due process hearing for the purposes of sections 79-827 and 79-829 means a hearing procedure adopted by the school board which contains at least the following: (a) Notification to the certificated employee in writing at least five days prior to the hearing of the grounds alleged for action, cancellation, termination, or nonrenewal of the teacher's contract; (b) upon request of the certificated employee a notification, at least five days prior to the hearing, of the names of any witnesses who will be called to testify against the certificated employee and an opportunity to examine any documents that will be presented at the hearing; (c) the right to be represented; and (d) an opportunity to cross-examine all witnesses and to examine all documents and to present evidence material to the issues.

(2) Due and proper notice of the hearing shall be given in accordance with the Open Meetings Act. Upon an affirmative vote of a majority of the school board's members present and voting and upon specific request of the certificated employee or the certificated employee's representative, the hearing shall be conducted in a closed session, but the formal action of the school board shall be taken in open session.

(3) A majority of the members of the school board shall render the decision to amend, cancel, terminate, or not renew a certificated employee's contract, based solely upon the evidence produced at the hearing, shall reduce its findings and determinations to writing, and shall deliver a written copy thereof to the certificated employee.

Source:Laws 1982, LB 259, § 9; R.S.1943, (1994), § 79-12,115; Laws 1996, LB 900, § 462; Laws 2004, LB 821, § 29.    


Cross References

Annotations

79-833. Error proceedings; jurisdiction of court.

In error proceedings to reverse, vacate, or modify a final order by a school board made pursuant to sections 79-824 to 79-842, the school district, school board, or both may be named as defendants in error in the proceedings. The proceedings shall not be defeated and the court shall not be deprived of subject matter jurisdiction because the petitioner named the school board rather than the school district or the school district rather than the school board as the defendant in error.

This section shall apply to all error proceedings pending in the district court or the Supreme Court on June 11, 1991, and to error proceedings commenced after such date.

Source:Laws 1991, LB 511, § 60; Laws 1992, LB 245, § 65; R.S.1943, (1994), § 79-12,115.01; Laws 1996, LB 900, § 463.


79-834. Informal hearing; when held; procedures.

Hearings involving the question of the nonrenewal of a probationary certificated employee's contract or the nonrenewal of a superintendent shall not be due process hearings and shall not be required to meet the requirements of section 79-832 but shall be informal hearings at which the probationary certificated employee or superintendent, or his or her representative, shall be afforded the opportunity to discuss and explain his or her position with regard to continued employment, to present information, and to ask questions of those appearing on behalf of the school district. Such hearings shall be held in closed session at the request of the certificated employee or superintendent, or his or her representative, and upon affirmative vote of a majority of the school board members present and voting, but the formal action of the school board for nonrenewal shall be in open session.

Source:Laws 1982, LB 259, § 10; Laws 1993, LB 177, § 2; R.S.1943, (1994), § 79-12,116; Laws 1996, LB 900, § 464.


Annotations

79-835. Probationary certificated employee; superintendent; school board; special procedures applicable.

The hearing for a probationary certificated employee, except a superintendent, provided in section 79-834, may be held before a committee of the school board consisting of not less than three of the board's total members. Notice of such a hearing shall be sent to all board members five days prior to such hearing. If a hearing is held before such a committee, the majority opinion of the committee shall constitute a recommendation to the school board with the final determination being made by a majority vote of the members of the school board without additional hearing. The hearing for a superintendent provided in such section shall not be held before a committee of the school board. Notice shall be given to all parties at least five days prior to such a hearing. A vote of the majority of the members of the school board shall determine final action relative to the contract of the superintendent.

Source:Laws 1982, LB 259, § 11; Laws 1993, LB 177, § 3; R.S.1943, (1994), § 79-12,117; Laws 1996, LB 900, § 465.


79-836. School board; additional sanctions authorized; when.

(1) After providing the opportunity for a hearing on cancellation, termination, or nonrenewal as provided for in sections 79-828, 79-829, and 79-832, and except when reduction in force is the reason given for possible termination, and when just cause can be shown, the school board may impose such other sanctions, other than termination, cancellation, or nonrenewal of the contract, as may be agreed upon by the parties.

(2) The fact that action has been taken under this section in the past may be taken into consideration in determining appropriate action in future hearings with regard to the certificated employee for a period of five years following the date of such action.

Source:Laws 1982, LB 259, § 12; R.S.1943, (1994), § 79-12,118; Laws 1996, LB 900, § 466.


Cross References

79-837. School board; subpoena power.

The school board may on its own behalf, or shall upon the request of the certificated employee or his or her representative or at the request of the school district administration or the superintendent or the superintendent's designee, (1) subpoena and compel the attendance of witnesses residing either within or outside the state for the purpose of appearing and testifying at any hearing provided for in sections 79-824 to 79-842 and for the purpose of having such witnesses' depositions taken, in the manner prescribed by law for the taking of depositions in civil actions in the district court, and (2) issue subpoenas for the production of any papers, books, accounts, and documents.

Source:Laws 1982, LB 259, § 13; R.S.1943, (1994), § 79-12,119; Laws 1996, LB 900, § 467.


Cross References

79-838. School board; grant leave of absence; procedures; rights.

Any school board, upon written request, may grant a leave of absence to a permanent certificated employee for such reasons as the school board deems appropriate, including, but not limited to, study, military service, or professional improvement or because of physical disability or sickness, or as otherwise required by law, subject to such rules and regulations governing leaves of absence as may be adopted by the school board. A school board may require a permanent certificated employee, because of physical disability or sickness, to take a leave of absence for a period not exceeding one year. In any such case, the procedure to be followed and the rights of the permanent certificated employee shall be the same as those prescribed in sections 79-824 to 79-842 for termination of a permanent certificated employee.

Source:Laws 1982, LB 259, § 14; R.S.1943, (1994), § 79-12,120; Laws 1996, LB 900, § 468.


79-839. Certificated employees; assignment rights.

Sections 79-824 to 79-842 do not provide any certificated employee a right to a specific assignment so long as such certificated employee is assigned to duties for which he or she is qualified by reason of certification, endorsement, or college preparation.

Source:Laws 1982, LB 259, § 15; R.S.1943, (1994), § 79-12,121; Laws 1996, LB 900, § 469.


79-840. Class IV or Class V school district; hearing officer; use authorized.

Any school board of a Class IV or Class V school district or certificated employee thereof may require that hearings held pursuant to sections 79-824 to 79-839 and such other hearings as designated by the school board be conducted by a hearing officer as specified in sections 79-841 and 79-842. If a hearing is held before such a hearing officer, the requirements of section 79-831 that final action must be taken by the school board on or before May 15 of each year and that a hearing must be held within thirty days of the date of the request for a hearing shall not apply.

Source:Laws 1993, LB 177, § 4; R.S.1943, (1994), § 79-12,121.01; Laws 1996, LB 900, § 470.


79-841. Class IV or V school district; hearing officer; selection.

If the school board of a Class IV or V school district or certificated employee thereof determines that a hearing shall be conducted by a hearing officer, the parties to the hearing or their representatives shall select a hearing officer. Any person selected as a hearing officer pursuant to this section shall be an attorney admitted to practice in Nebraska and shall be knowledgeable in the rules of civil procedure and evidence applicable to the district courts. If the parties cannot agree on the selection of a hearing officer within seven days after the filing of the request for a hearing, the secretary of the school board shall immediately request a list of hearing officers from the State Department of Education. The department shall at all times maintain a list of at least five qualified hearing officers and shall provide a copy of the list within five days after receipt of a written request from the secretary of a school board. The parties or their representatives shall select the hearing officer by alternately removing a name from the list until only one name remains. The person whose name remains shall be the hearing officer. The parties shall determine by lot which party shall remove the first name from the list. Such selection shall be completed within seven days after the receipt of the list from the department. The secretary of the school board shall inform the department of the name of the hearing officer selected.

Source:Laws 1993, LB 177, § 5; R.S.1943, (1994), § 79-12,121.02; Laws 1996, LB 900, § 471.


79-842. Class IV or V school district; hearing officer; procedure; costs.

The hearing officer selected pursuant to section 79-841 shall conduct the hearing referred to in section 79-840, hear and receive evidence, and make recommended findings of fact and conclusions of law. The hearing shall be held in private if the employee so requests, and if the employee does not so request the hearing shall be conducted in public. Within thirty days following the hearing, the hearing officer shall transmit to the school board the original or a certified copy of the record of the hearing which shall include the transcribed testimony from the hearing and the recommended findings of fact and conclusions of law. The certified record filed by the hearing officer shall be the record upon which the school board shall make its decision, and no additional evidence shall be heard by the school board. The school board shall give each party an opportunity for oral argument and briefing prior to making its decision. If a hearing is requested, no one shall contact or be contacted by the school board or individual school board members regarding the subject matter of the hearing in order to obtain or provide information to be considered in making the decision or in an attempt to persuade the school board regarding the decision to be made, except that the school board may receive advice and counsel from an attorney hired to represent the school board in making the decision. In making its decision, the school board shall give weight to the findings of fact of the hearing officer but shall not be bound by them. The school board shall make its decision within twenty days after receipt of the record from the hearing officer. All expenses and fees of the hearing officer in connection with the hearing shall be paid by the school board.

Source:Laws 1993, LB 177, § 6; R.S.1943, (1994), § 79-12,121.03; Laws 1996, LB 900, § 472.


79-843. Teachers and school nurses; contract; renewal; exceptions; amend or terminate; notice; hearings; decision.

The contracts of the teaching staff and school nurses employed by an educational program administered by the State Department of Education, the Department of Health and Human Services, or a political subdivision of the state, except a school district or an educational service unit, the colleges governed by the Board of Trustees of the Nebraska State Colleges, and any university governed by the Board of Regents of the University of Nebraska shall require the sanction of a majority of the members of the governing board. Except as provided in section 79-845, each such contract shall be deemed renewed and in force and effect until a majority of the governing board votes or the Department of Health and Human Services determines, sixty days before the close of the contract period, to amend or terminate the contract for just cause. The department or the secretary of the governing board shall notify each teacher or school nurse in writing at least ninety days before the close of the contract period of any conditions of unsatisfactory performance or a reduction in teaching staff or nursing staff that the department or board considers may be just cause to either amend or terminate the contract for the ensuing year. Any teacher or school nurse so notified shall have the right to file, within five days after receipt of such notice, a written request with the department or board for a hearing before the department or board. Upon receipt of such request, the department or board shall order the hearing to be held within ten days after such receipt and shall give written notice of the time and place of the hearing to the teacher or school nurse. At the hearing, evidence shall be presented in support of the reasons given for considering amendment or termination of the contract and the teacher or school nurse shall be permitted to produce evidence related thereto. The department or board shall render the decision to amend or terminate a contract based on the evidence produced at the hearing.

Source:Laws 1973, LB 422, § 1; Laws 1975, LB 82, § 2; Laws 1975, LB 493, § 2; Laws 1977, LB 368, § 1; Laws 1978, LB 908, § 1; Laws 1980, LB 442, § 1; Laws 1982, LB 259, § 16; Laws 1991, LB 663, § 42; Laws 1991, LB 511, § 59; Laws 1992, LB 245, § 64; Laws 1993, LB 239, § 3; R.S.1943, (1994), § 79-1254.02; Laws 1996, LB 900, § 473; Laws 1996, LB 1044, § 818; Laws 2007, LB296, § 712.    


Annotations

79-844. Teachers and school nurses; contract; minimum standard.

Sections 79-843 and 79-844 provide a minimum standard and do not repeal any law of a governing authority that provides for additional contract rights pertaining to the same subject matter.

Source:Laws 1973, LB 422, § 2; R.S.1943, (1994), § 79-1254.03; Laws 1996, LB 900, § 474.


Annotations

79-845. Department of Correctional Services; Department of Health and Human Services; contract with teaching staff; probationary period.

Any contract of employment entered into after July 1, 1984, between the teaching staff and the Department of Correctional Services or the Department of Health and Human Services which applies to the first two years of the employment of such teaching staff shall provide that the first two years of the employment of such teacher are a probationary period. Any such contract may be terminated during the probationary period without cause.

Source:Laws 1980, LB 442, § 2; Laws 1984, LB 9, § 1; Laws 1993, LB 239, § 4; R.S.1943, (1994), § 79-1254.09; Laws 1996, LB 900, § 475; Laws 1996, LB 1044, § 819.


79-846. Reduction-in-force policy; adopt; requirements.

Prior to January 1, 1979, every school board, board of education, or governing board of any educational institution in Nebraska covered by the provisions of sections 79-824 to 79-842 shall adopt a reduction-in-force policy covering employees subject to such statutory provisions to carry out the intent of sections 79-846 to 79-849. No such policy shall allow the reduction of a permanent or tenured employee while a probationary employee is retained to render a service which such permanent employee is qualified by reason of certification and endorsement to perform or, in cases in which certification is not applicable, by reason of college credits in the teaching area. If employee evaluation is to be included as a criterion to be used for reduction in force, specific criteria such as frequency of evaluation, evaluation forms, and number and length of classroom observations shall be included as part of the reduction-in-force policy.

Source:Laws 1978, LB 375, § 1; R.S.1943, (1994), § 79-1254.05; Laws 1996, LB 900, § 476.


Annotations

79-847. Reduction in force; board of education and school district administration; duties.

Before a reduction in force occurs, the school board or board of education and the school district administration shall present competent evidence demonstrating that a change in circumstances has occurred necessitating a reduction in force. Any alleged change in circumstances must be specifically related to the teacher or teachers to be reduced in force, and the board, based upon evidence produced at the hearing required by sections 79-824 to 79-842, shall be required to specifically find that there are no other vacancies on the staff for which the employee to be reduced is qualified by endorsement or professional training to perform.

Source:Laws 1978, LB 375, § 2; Laws 1985, LB 633, § 10; R.S.1943, (1994), § 79-1254.06; Laws 1996, LB 900, § 477.


Annotations

79-848. Reduction in force; employee; contract terminated; effect; recall; rights.

Any employee whose contract is terminated because of reduction in force shall be considered dismissed with honor and shall upon request be provided a letter to that effect. Such employee shall have preferred rights to reemployment for a period of twenty-four months commencing at the end of the contract year of such employee, and the employee shall be recalled on the basis of length of service to the school to any position for which he or she is qualified by endorsement or college preparation to teach. Whenever a school district has, pursuant to section 79-598, contracted for the instruction of all of the students residing in such district or has, pursuant to section 79-499, contracted for the instruction of its students in grades nine through twelve, the preferred rights to reemployment shall commence at the end of the student contract period as agreed to by the contracting school district. The employee shall, upon reappointment, retain any benefits which had accrued to such employee prior to termination, but such leave of absence shall not be considered as a year of employment by the district. An employee under contract to another educational institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.

Source:Laws 1978, LB 375, § 3; Laws 1988, LB 520, § 4; R.S.1943, (1994), § 79-1254.07; Laws 1996, LB 900, § 478.


Annotations

79-849. Reduction in force; noncompliance with federal or state law; how treated.

Notwithstanding sections 79-846 to 79-848, if the reduction of an employee based upon the provisions of such sections would place a district in noncompliance of any federal or state laws or regulations requiring affirmative action employment practices, the district may vary from these provisions as necessary to comply with such laws or regulations.

Source:Laws 1978, LB 375, § 4; R.S.1943, (1994), § 79-1254.08; Laws 1996, LB 900, § 479.


79-850. Terms, defined.

For purposes of sections 79-850 to 79-858:

(1) Reorganized school district means: (a) Any expanded or altered school district, organized or altered by any of the means provided by Nebraska law including, but not limited to, the methods provided by the Reorganization of School Districts Act, the Learning Community Reorganization Act, section 79-407, 79-413, or 79-473, or sections 79-415 to 79-417 or 79-452 to 79-455; or (b) any school district to be formed in the future if the petition or plan for such reorganized school district has been approved pursuant to any of the methods set forth in subdivision (1)(a) of this section when the effective date of such reorganization is prospective. For purposes of this subdivision, a petition or plan shall be deemed approved when the last legal action has been taken, as prescribed in section 79-413, 79-450, or 79-455, necessary to effect the changes in boundaries as set forth in the petition or plan; and

(2) Unified system means a unified system as defined in section 79-4,108 recognized by the State Department of Education pursuant to subsection (3) of such section, which employs certificated staff.

Source:Laws 1980, LB 844, § 1; Laws 1985, LB 662, § 36; Laws 1988, LB 520, § 5; R.S.1943, (1994), § 79-12,104; Laws 1996, LB 900, § 480; Laws 1997, LB 347, § 25; Laws 1998, LB 1219, § 1; Laws 1999, LB 272, § 90;    Laws 2005, LB 126, § 43;    Laws 2006, LB 1024, § 59;    Referendum 2006, No. 422.


Cross References

79-851. Teachers; status rights.

The unified system or reorganized school district or districts may terminate, in accordance with sections 79-824 to 79-842, the contracts of employment of teachers whose employer's school district was or is to be closed, merged, or otherwise altered as provided for unified systems or reorganized school districts in section 79-850, except that such teachers shall for the purpose of reduction in force be considered teachers of the unified system or reorganized school district or districts and the teachers shall be given full credit for the years of teaching experience they had acquired as well as the same tenure or permanent status rights they had in the school district or districts affected by the unification or reorganization.

Source:Laws 1980, LB 844, § 2; Laws 1984, LB 634, § 1; Laws 1988, LB 520, § 6; R.S.1943, (1994), § 79-12,105; Laws 1996, LB 900, § 481; Laws 1998, LB 1219, § 2.


Cross References

79-852. Collective-bargaining agreement; continued; effect.

The collective-bargaining agreement of the school district or districts forming the unified system or reorganized school district with the largest number of teacher employees shall continue in full force and effect and govern all teachers in the unified system or reorganized school district until replaced by a successor agreement, and the teachers employed by the unified system or reorganized school district and previously employed by the school districts involved in the formation of the unified system or reorganized school district shall automatically be included in that bargaining unit but no certificated public school employee shall be compelled to join any organization or association. If only one collective-bargaining agreement is in effect in the school districts which are a part of the unification or reorganization, that collective-bargaining agreement shall continue in full force and effect until replaced by a successor agreement and the teachers employed by the other school districts involved in the unification or reorganization shall automatically be included in that bargaining unit. For purposes of the Industrial Relations Act, the unified system shall be deemed a public employer as defined in section 48-801.

Source:Laws 1980, LB 844, § 3; R.S.1943, (1994), § 79-12,106; Laws 1996, LB 900, § 482; Laws 1998, LB 1219, § 3; Laws 2011, LB397, § 17.    


Cross References

79-853. City of second class or village; merger with city of primary or metropolitan class; rights of teachers and employees preserved.

A consolidation under sections 79-468 and 79-469 shall not affect the rights of the principals, teachers, janitors, and employees of any of the districts merged under such sections. They shall continue in the employ of the school district into which their former districts are merged. In determining their status, salaries, and other rights, their previous service with the merged district employing them at the time of the merger shall be counted as if they had been originally employed by the consolidated district.

Source:Laws 1917, c. 225, § 27, p. 557; C.S.1922, § 6636; C.S.1929, § 79-2627; R.S.1943, § 79-2630; Laws 1949, c. 256, § 222, p. 764; R.S.1943, (1994), § 79-535; Laws 1996, LB 900, § 483.


79-854. Reduction in force; Retirement Incentive Plan; Staff Development Assistance; continued employment; notification; limitation.

(1) If the unification or reorganization of two or more school districts will involve a reduction in force, all certificated employees from the district or districts involved in the unification or reorganization shall have, except as limited by subsection (2) of this section, the option to: (a) Retire under the Retirement Incentive Plan pursuant to section 79-855; (b) terminate employment and receive Staff Development Assistance pursuant to section 79-856; or (c) remain employed by the district subject to personnel policies and staffing requirements of the unified system or reorganized district or districts. Each certificated employee shall be notified in writing of the proposed unification or reorganization, the number of employees which will be reduced, and the availability of the Retirement Incentive Plan and Staff Development Assistance prior to such unification or reorganization. If the unification or reorganization will involve a reduction in force prior to the effective date of the unification or reorganization, the notification shall be made by March 15 of the school year in effect. If the unification or reorganization will not involve a reduction in force prior to the effective date of the unification or reorganization, the notification shall be made at least thirty calendar days prior to the effective date of the unification or reorganization but in no event later than March 15 of the calendar year in which action on the reduction in force will occur. The employee electi