Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 10 - REGULATIONS AND PROCEDURES FOR THE ACCREDITATION OF SCHOOLS
Section 92-10-014 - Loss of Accreditation

Current through March 20, 2024

014.01 Quality Indicator: Schools comply fully and continuously with all accreditation requirements in order to provide for all students the learning opportunities described herein. Schools experiencing unfulfilled requirements make concerted efforts to achieve compliance or to provide alternative programs generating equivalent or improved programs and services. Schools not fulfilling accreditation requirements deprive students of opportunities for learning and may be subject to probation or loss of accreditation.

014.02 Section 003 of this Chapter lists requirements that must be met at all times by school systems as a condition of accreditation. Failure to meet those provisions may result in the Board terminating the legal operation of the school system during the school year. Noncompliance with other regulations in this Chapter will result in the assessment of violations which, if not corrected, will result in a recommendation to the Board for probation or loss of accreditation.

014.03 Violations

In determining the future accreditation status of a school system, each failure to meet a numbered regulation other than those contained in Section 003 constitutes a separate violation.

014.04 Reporting Violations

A school system shall report any existing violations to the Department on its annual Statement of Assurance.

014.05 Correction of Violations

A school system will have until February 1 to correct violations or to prepare a written plan for correction of a violation that existed at the time of submission of the Statement of Assurance. Written evidence of the correction of the violations or a written plan developed in accordance with Section 014.05A must be submitted to the Department.

014.05A School systems having an uncorrected violation may submit a written plan to the Department by February 1 for correcting the violation before the following school year. Such plans may be approved by the Board if evidence provided indicates that the violation occurred after August 1, and the violation could not reasonably be corrected immediately before or during the current school year. Written evidence of the correction must be submitted to the Department by the following September 1.

014.06 Effect of Violations on Public School Systems

All public school systems are required by state statute to be accredited. If, after consultation with school officials, the Commissioner determines that public school systems have any uncorrected violations, he or she shall make the applicable following recommendations to the Board:

014.06A A PUBLIC SCHOOL SYSTEM having an uncorrected violation of a requirement with no written plan under Section 014.05A shall be recommended for ACCREDITATION ON PROBATION for the following school year.

014.06B A PUBLIC SCHOOL SYSTEM having a written plan under Section 014.05A and having the same uncorrected violation after September 1 shall be recommended for ACCREDITATION ON PROBATION for the current school year.

014.06C A PUBLIC SCHOOL SYSTEM ON PROBATION continuing to have the same uncorrected violation after February 1 shall be recommended for NONACCREDITATION for the following school year and shall be subject to loss of authority to operate and reassignment of territory to other school districts.

014.07 Effect of Violations on Nonpublic School Systems

Nonpublic schools may operate either as accredited or approved school systems. If, after consultation with school officials, the Commissioner determines that nonpublic school systems have any uncorrected violations, he or she shall make the applicable following recommendations to the Board:

014.07A An ACCREDITED NONPUBLIC SCHOOL SYSTEM having a plan under Section 014.05A and having the same uncorrected violation after September 1 of a requirement shall be recommended for ACCREDITATION ON PROBATION for the current school year.

014.07B An ACCREDITED NONPUBLIC SCHOOL SYSTEM having an uncorrected violation of a requirement and having no written plan under Section 014.05A shall be recommended for ACCREDITATION ON PROBATION for the following school year.

014.07C An ACCREDITED NONPUBLIC SCHOOL SYSTEM ON PROBATION having an uncorrected violation after February 1 of a requirement shall be recommended for APPROVAL for the following school year.

014.08 Provisions for Notice and Hearing

014.08A When the Commissioner makes a recommendation to the Board for a school system to be placed on probation or for denial or revocation of accreditation or approval, notice of the recommendation and of the right to request a hearing shall be given to the school system by certified mail sent at least 30 calendar days prior to the date of the Board meeting at which the recommendation is to be considered. Copies will be sent to the superintendent, head administrator, or head teacher of the school system, and to the presiding officer of the governing body, if known. This notice shall specify the basis for the recommendation.

014.08B If the school system notifies the Commissioner at least seven days prior to the date the recommendation is to be considered by the Board that it requests a hearing, the Board shall schedule a hearing date.

014.08C All hearings arising under this Chapter shall be conducted in accordance with the hearing procedures of 92 NAC 61, including provisions of that Chapter relating to evidence. Any action taken or recommended by the Commissioner adverse to the school system may be the subject of a petition by such school system under 92 NAC 61, in which case all the provisions of 92 NAC 61 shall apply to such appeal.

014.09 Action by the Board

Upon review of the Commissioner's recommendation, and following any hearing, the Board shall make a determination of the future accreditation status of the system and shall inform the system in writing of its determination.

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