Section 92-21-003 - General Provisions003.01Transcripts. All transcripts submitted pursuant to certification or renewal requirements must be sufficiently legible so that microfilm copies of them are readable.003.02Armed Forces Extension. Upon application, the Commissioner may extend the term of any certificate or permit of any person who has served in the armed forces of the United States iii ii or the spouse of such person as provided in Neb. Rev. Stat. § 79-803.003.03False Information. Failure by an applicant to submit accurate information in support of an application is cause for denial or revocation of such certificate or permit.003.04Conversion of Certificates. Any person holding a certificate or permit valid only in Nebraska nonpublic school systems may convert such certificate or permit to one valid in all Nebraska school systems, both public and nonpublic, upon request and payment of fee. Alternatively, a certificate or permit valid in both public and nonpublic Nebraska school systems may be converted to a certificate or permit valid only in Nebraska nonpublic school systems upon request and payment of a fee. In either case, the expiration date of the converted certificate or permit is the same as that of the original certificate or permit.003.05Fees. Applicants for a certificate or permit must pay the fees as set by the Commissioner.003.06Statement Signed by Certification Officer. A statement signed by a certification officer on forms provided by the Department may be accepted as evidence of completion of the academic requirements for issuance of a certificate or permit pursuant to this chapter or of an endorsement pursuant to 92 NAC 24. A recommended form (Institutional Verification) is available on the Educator Certification website.003.07Certificates Issued on The Basis of Equivalency. The Commissioner may issue any certificate or permit provided for herein to an applicant who files with the office of the Commissioner evidence of the required qualifications or of education and experience equivalent to the required qualifications.003.08Life or Permanent Certificates. For purposes of Nebraska certification. Life or Permanent certificates issued in another state will be considered to have expired five (5) years after the date of the applicant's last regular employment as a teacher or administrator under that certificate. The holder of a Life or Permanent certificate issued by the Department that submits an application seeking additional endorsement(s) shall have the Life or Permanent certificate converted to a Professional certificate with an expiration date of August 31 in the tenth year following the issuance of the converted certificate.003.09Master of Arts in Teaching. The Master of Arts in Teaching (MAT) will be accorded equivalence with a baccalaureate degree when used for initial certification purposes in this chapter.003.10Mental Fitness. To be issued a certificate or permit, an applicant must not have an emotional or mental incapacity to practice the profession as evidenced by a legal adjudication or determination thereof by other lawful means. Such evidence shall be any of the following: 003.10A The applicant is, at the time of the consideration of the applicant's fitness to hold a certificate or permit, a mentally ill and dangerous person under Neb. Rev. Stat. § 71-908 as evidenced by a declaration or order to that effect by a mental health board of this state, or as evidenced by a similar finding by a similar body of another state.003.10B The applicant is, at the time of the consideration of the applicant's fitness to hold a certificate or permit, a mentally ill individual as defined in Neb. Rev. Stat. § 20-162 or a similar determination has been made by similarly qualified mental health professional(s) of another state.003.10C The applicant has been declared by a court as mentally incompetent in relation to standing trial for a criminal charge pursuant to Neb. Rev. Stat. §§ 29-1822 or 29-1823, or similar laws of another state, and has not been found by a court to have recovered from such incompetency.003.10D The applicant has been acquitted of a criminal charge on the basis of a finding of insanity under Neb. Rev. Stat. § 29-2203 or similar laws of another state, unless a court, subsequent to such an acquittal, has found that the applicant is not dangerous to himself, herself, or others by reason of mental illness or defect and has released such person from court ordered treatment pursuant to Neb. Rev. Stat. §§ 29-3702 and 29-3703, or similar laws of another state.003.10E A court has found the applicant to be an incapacitated person in need of a court appointed guardian pursuant to Neb. Rev. Stat. §§ 30-2601 and 30-2620, or similar laws of another state, and no court order has been entered that the applicant's incapacity has terminated.003.10F A court has appointed a conservator or made other protective order(s) in relation to the estate and property affairs of the applicant pursuant to Neb. Rev. Stat. § 30-2630 or similar laws of another state, and no court order has been entered that the disability of the applicant per has ceased.003.11Felony Convictions. For purposes of this chapter, felony conviction means any felony offense under the laws of any jurisdiction, including misdemeanor convictions in other jurisdictions that would constitute a felony if committed in Nebraska.003.12Misdemeanor Convictions. For purposes of this chapter, a misdemeanor conviction involving abuse, neglect, or sexual misconduct means an offense under the laws of any jurisdiction, which, if committed in Nebraska, would constitute one of the following misdemeanors (with the applicable sections of the Revised Statutes of Nebraska in parentheses): 003.12A Abandonment; cruel neglect; harassment of a police animal (28-1009);003.12B Abandonment of Spouse, Child, or Dependent Stepchild (28-705);003.12C Assault (third degree) (28-310);003.12D Child Abuse (28-707);003.12E Child/Vulnerable Adult Contact with Methamphetamine (28-457); 003.12F Contributing to the Delinquency of a Child (28-709);003.12G Debauching a Minor (28-805);003.12H 0037421 Domestic Assault (28-323);003.12I Failure to Report Child Abuse/Neglect (28-717);003.12J False Imprisonment (28-315);003.12K Hazing (28-311.06);003.12L Indecency with an Animal (28-1010);003.12M Intimidation by Phone Call (28-1310);003.12N Obscene Literature Distribution (28-813);003.12O Obscene Motion Picture Show, Admitting Minor (28-809);003.12P Prostitution (28-801);003.12Q Public Indecency (28-806);003.12R Resisting Arrest (28-904), when the conviction involves use or threat of physical force or violence against a police officer;003.12S Sale of Obscene Material to Minor (28-808);003.12T Sexual Assault (third degree) (28-320);003.12U Sexually Explicit Conduct (28-813.01);003.12V Solicitation of Prostitution (28-801.01);003.T2W Stalking (28-311.03);003.12X Unlawful Intrusion (28-311.08);003.12Y Violating a Harassment Protection Order (28-311.09);003.12Z Violating a Protection Order (42-924); and003.12AA Violence on a Service Animal (28-1009.01).003.13Other Convictions. For purposes of this chapter, in addition to the offenses listed above, felony convictions, and misdemeanor convictions involving abuse, neglect, or sexual misconduct will also include convictions related to such crimes, including (with the applicable sections of the Revised Statutes of Nebraska in parentheses): 003.13A Accessory to a Felony (28-204);003.13B Aiding, Abetting, Procuring, or Causing Another to Commit an Offense (28-206);003.13C Attempt to Commit a Crime (28-201); and003.13D Criminal Conspiracy (28-202).003.14Pardons or Convictions Set Aside. Convictions which have been set aside, nullified, expunged, or pardoned are not to be considered convictions for purposes of this chapter, unless the laws of the jurisdiction of the conviction would allow the conviction to be used as the basis for denial of a certificate or permit to teach, administer, or provide special services in schools. However, the applicant must report such convictions on the Criminal Charges Self-Reporting Form, found in Appendix B of this chapter, as part of his or her application filed with the Department.003.15Withdrawal of Application. An applicant may request in writing that his or her application be withdrawn without refund of any fees submitted. The Department must notify the applicant in writing if the request will be granted. Any request granted by the Department ends consideration of that application, and will not be subject to appeal pursuant to this chapter.003.16Expiration Dates. The expiration date on a valid certificate or permit that was issued by the Department prior to January 1, 1964, is subject to the provisions of Neb. Rev. Stat. § 79-815.92 Neb. Admin. Code, ch. 21, § 003
Amended effective 10/20/2020Amended effective 2/18/2024