Section 92-14-008 - Loss of ApprovalSection 004 of this Chapter lists requirements that must be met at all times by school systems as a condition of approval. Failure to meet the provisions of Section 004 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 approval.
008.01Violations. In determining the future approval status of a school, each failure to meet a numbered regulation other than those contained in Section 004 of this Chapter will constitute a separate violation.008.02Reporting Violations. A school must report any existing violations to the Department on its annual Statement of Assurance.008.03Correction of Violations. 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 008.03A of this Chapter must be submitted to the Department.008.03A 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 1.008.04Effect of Violations on Nonpublic Schools. If, after consultation with school officials, the Commissioner determines that approved nonpublic school systems have any uncorrected violations, the Commissioner must make the applicable following recommendations to the Board. 008.04A AN APPROVED NONPUBLIC SCHOOL SYSTEM having an uncorrected violation that applies to approved school systems and no written plan under Section 008.03A of this Chapter must be recommended for APPROVAL ON PROBATION for the following year.008.04B An APPROVED NONPUBLIC SCHOOL SYSTEM having a plan under Section 008.03A of this Chapter and having the same uncorrected violation after September 1 of any requirement that applies to approved school systems must be recommended for APPROVAL ON PROBATION for the current year.008.04C An APPROVED NONPUBLIC SCHOOL SYSTEM ON PROBATION continuing to have the same uncorrected violation after February 1 must be recommended for NONAPPROVAL for the following school year.008.05 Provisions for Notice and Hearing 008.05A When the Commissioner makes a recommendation to the Board for a school system to be placed on probation or for denial or revocation of approval, notice of the recommendation and of the right to request a hearing must 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 must specify the basis for the recommendation.008.05B 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 must schedule a hearing date.008.05C All hearings arising under this Chapter must 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 must apply to such appeal.008.06Action by the Board. Upon review of the Commissioner's recommendation, and following any hearing, the Board must make a determination of the future approval status of the system and must inform the system in writing of its determination.92 Neb. Admin. Code, ch. 14, § 008
Amended effective 6/2/2024