92 Neb. Admin. Code, ch. 19, § 004

Current through September 17, 2024

Section 92-19-004 - Contract Dispute Resolution

If two school districts cannot agree on the amount of a contract under subsection (10)(b) of § 79-215 R.R.S. (see Appendix C of this Chapter for full text of the law), that statute provides, in part, that:

". . . the State Department of Education shall determine the amount to be paid by the resident district to the district in which such residential setting is located based on the needs of the student, approved special education rates, the department's general experience with special education budgets, and the cost per student in the district in which such residential setting is located."

004.01 Request for Determination

If the districts cannot agree on a contract amount, either district may submit a written request for determination of the amount to the Commissioner. The Commissioner may designate another person to make the determination on his or her behalf.

004.01A The Commissioner, or his or her designee, shall consider such information as may be provided by the districts in writing, or in any informal meetings the Commissioner, or his or her designee, may choose to conduct with representatives of both districts.

004.01B The Commissioner, or his or her designee, shall base their determination on the factors specified in § 79-215(10)(b) R.R.S.

004.01C The determination by the Commissioner, or his or her designee, shall be provided to the districts in writing.

004.02 Appeal

If either district is dissatisfied with the determination of the Commissioner, or his or her designee, the determination may be appealed to the State Board of Education pursuant to 92 NAC 61.

92 Neb. Admin. Code, ch. 19, § 004

Amended effective 6/6/2017.