004.01 Accreditation Accreditation shall be based on ESU performance during the immediate preceding period of accreditation. The ESU shall complete and submit on or before November 1 of each year the Annual Accreditation Compliance Report in Appendix A of this Chapter.
004.02 To receive accreditation status, the ESU shall comply with all provisions of this Chapter as verified by the Department.004.03 Violations In determining the future accreditation status of an ESU, each failure to meet a numbered regulation constitutes a separate violation which, if not corrected, will result in a recommendation to the Board for probation or loss of accreditation.
004.04 Reporting Violations The ESU shall report any existing violations to the Department on its Annual Accreditation Compliance Report (Appendix A).
004.05 Correction of Violations An ESU 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 Annual Accreditation Compliance Report. Written evidence of the correction of the violation(s) or a written plan developed in accordance with Section 004.05A must be submitted to the Department.
004.05A An ESU 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 1.004.06 Effect on Violations on an ESU An ESU is required by state statute to be accredited. If, after consultation with the ESU administrator and staff, the Commissioner determines that an ESU has any uncorrected violations, he or she shall make the applicable following recommendations to the Board:
004.06A An ESU having an uncorrected violation of a requirement with no written plan under Section 004.05A shall be recommended for ACCREDITATION ON PROBATION for the following school year.004.06B An ESU having a written plan under Section 004.05A and having the same uncorrected violation after September 1 shall be recommended for ACCREDITATION ON PROBATION for the current school year.004.06C An ESU receiving ACCREDITATION ON PROBATION designation and 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 the loss of authority to operate.004.07 Provisions for Notice and Hearing004.07A When the Commissioner makes a recommendation to the Board for an ESU to be placed on probation or for denial or revocation of accreditation, notice of the recommendation and of the right to request a hearing shall be given to the ESU 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 ESU administrator and to the presiding officer of the ESU board, if known. This notice shall specify the basis for the recommendation.004.07B If the ESU notifies the Commissioner at least seven (7) 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.004.07C All hearings arising under this Chapter shall be conducted in accordance with the hearing procedures of 92 NAC 61.004.08 Action by the Board Upon review of the Commissioner recommendation, and following any hearing, the Board shall make a determination of the future accreditation status of the ESU and shall inform the ESU in writing of its determination.
92 Neb. Admin. Code, ch. 84, § 004