Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 85 - ESU BOUNDARY CHANGE PETITIONS
Section 92-85-006 - Disposition of Cases

Universal Citation: 92 NE Admin Rules and Regs ch 85 ยง 006

Current through March 20, 2024

006.01 Official Record

The hearing officer shall prepare an official record in each case which shall include pleadings, exhibits, orders, and recorded testimony, which need not be transcribed unless directed by the Board. Upon request by any person, a written copy of the testimony will be prepared upon the tender of the cost of preparation. The hearing officer may authorize the use of a court reporting service to record the hearing. The cost of obtaining verbatim transcripts from a court reporting service shall be paid directly to such service by the persons requesting the transcripts.

006.02 Recommended Order

The hearing officer shall submit a copy of the official record and a recommended order to the State Board.

006.03 Final Order

Within one hundred twenty days of the receipt of the petition, the Board shall grant or deny the petition based upon the following criteria:

006.03A The educational needs of students in the affected school districts and the affected educational services units;

006.03B The economic viability of the proposal as it relates to the affected established educational service units or affected proposed educational service units;

006.03C Any community of interest among affected school districts and affected educational service units;

006.03D Geographic proximity as such would affect the ability of affected educational service units to deliver service in a cost-effective manner; and,

006.03E In the dissolution of one or more entire educational service units, evidence of consent from each educational service unit board and two-thirds of the school boards or boards of education of member school districts representing a majority of students in each affected educational service unit.

006.04 Preparation of Orders

Upon direction of the Board, the Commissioner shall prepare and issue a final order on behalf of the Board. The Commissioner, as Board Secretary, shall have the authority to sign such orders on behalf of the Board.

006.05 Notification

The Commissioner shall notify affected districts and ESUs, and appropriate county officials, of the final decision or order of the Board by certified mail, return receipt requested.

006.06 Educational Service Unit Numbers

For educational service units created by merger after July 1, 1998, the number of the unit shall be the number of one of the educational service units dissolving into the new educational service unit. For all other educational service units created after July 1, 1998, the number shall be any number not otherwise assigned to an existing educational service unit, as determined by the State Board of Education.

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