Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 18 - INTERIM-PROGRAM SCHOOLS IN COUNTY DETENTION HOMES, INSTITUTIONS, AND JUVENILE EMERGENCY SHELTERS
Section 92-18-007 - Loss of Approval

Universal Citation: 92 NE Admin Rules and Regs ch 18 ยง 007

Current through March 20, 2024

007.01 Section 004.01 of this Chapter lists requirements that must be met at all times by Interim-program schools as a condition of approval. Failure to meet the provisions of Section 004.01 may result in the Board terminating approval of the school 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 approval.

007.02 Violations

In determining the future approval status of an Interim-program school, each failure to meet a numbered regulation other than those contained in Section 004 shall constitute a separate violation.

007.03 Reporting Violations

An Interim-program school shall report any existing violations to the Department on its annual Statement of Assurance.

007.04 Correction of Violations

Interim-program schools 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 007.04A must be submitted to the Department.

007.04A Interim-program schools 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.

007.05 Effect of Violations on Interim-Program Schools

If, after consultation with school officials, the Commissioner determines that an approved Interim-program school has any uncorrected violations, he or she shall make the applicable following recommendations to the Board:

007.05A An APPROVED INTERIM-PROGRAM SCHOOL having an uncorrected violation and no written plan under Section 007.04A shall be recommended for APPROVAL ON PROBATION for the following year.

007.05B An APPROVED INTERIM-PROGRAM SCHOOL having a plan under Section 007.04A and having the same uncorrected violation after September 1 of any requirement shall be recommended for APPROVAL ON PROBATION for the current year.

007.05C An APPROVED INTERIM-PROGRAM SCHOOL ON PROBATION continuing to have the same uncorrected violation after February 1 shall be recommended for NONAPPROVAL for the following school year.

007.06 Provisions for Notice and Hearing

007.06A When the Commissioner makes a recommendation to the Board for an Interim-program school to be placed on probation or for denial or revocation of 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 head administrator of the school, and to the presiding officer of the governing body, if known. This notice shall specify the basis for the recommendation.

007.06B If the Interim-program school 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.

007.06C 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 Interim-program school 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.

007.07 Action by the Board

Upon review of the Commissioner's recommendation, and following any hearing, the Board shall make a determination of the future approval status of the Interim-program school and shall inform the school in writing of its determination.

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