92 Neb. Admin. Code, ch. 4, § 004

Current through September 17, 2024

Section 92-4-004 - Requirements for Boards of Education

004.01Local procedures Each school district shall have local rules and regulations for the distribution of textbooks and the management of funds under this chapter, which shall include, but not be limited to:

004.01A Making available, no later than November 15, a list of textbooks designated for use in the public schools of the district during the current school year, a list of any new textbooks that the school district has determined by November 15 shall be used during the next school year, and a list showing, by title (including edition and copyright), the numbers of all textbooks previously purchased for the textbook loan program and still available for loan.

004.01B The availability of a copy of the list for inspection at the central administrative offices of the district, as well as reproduction at a reasonable cost upon request,

004.01C Procedures and dates for distribution and return of textbooks.

004.01D Procedures for the receipt and disbursement of funds pursuant to this chapter.

004.01E Procedures for establishing and maintaining a separate inventory of textbooks for loan to private school children.

004.01F Procedures for disposing of unused textbooks. Only textbooks which have not been requested for three consecutive years may be classified as unused and, therefore, disposed of by sale or otherwise. All funds received from any sale of unused textbooks that were originally purchased pursuant to this chapter shall be retained in a separate account, treated in the same manner as carryover funds and used to offset the amount otherwise to be requested (Appendix C) in one or more future years for distribution under this chapter.

004.02Notification

Boards of Education shall, at least ten days prior to the beginning of public school classes, notify in writing the parent, legal guardian, or authorized parent representative of each private school student at the address specified in the application, where and when textbooks will be made available.

004.03Receipt

Boards of education shall require a parent, legal guardian, or authorized parent representative of each private school student to sign a receipt at the time the textbooks are picked up on designated Form NDE # 22-002, a copy of which is attached as Appendix B.

004.04Distribution of funds

Boards of education shall make application for funds from the Department of Education by filing an application with the Department of Education on designated Form NDE # 22-003, a copy of which is attached as Appendix C, no later than February 15 preceding the start of classes for the school year for which the application has been made. The board of education shall specify in the application:

004.04A The total number of applications (Appendix A) received;

004.04B The total number of textbooks requested and the total number of textbooks needed to be purchased to fulfill the requests;

004.04C The dollar amount to purchase the number of textbooks needed to be purchased in order to fulfill the requests. A district may claim up to 5% of that cost in order to defray administrative expense;

004.04D The titles of all textbooks, the number requested of each textbook, the price per textbook, and, if applicable, the amount of shipping and handling charges added to the invoice or billing by the seller/vendor; and

004.04E If applicable, the amount of carryover funds remaining from the previous year if the total amount received was not expended (and an explanation of the reasons for the carryover), the amount of funds on hand from any sale of unused textbooks (per Section 004.OIF), and the amount of funds on hand from reimbursements received for damaged textbooks (per Section 004.08).

004.05Time of distribution

The Department of Education shall distribute available funds no later than March 15.

004.06Purchase of textbooks

If, after the distribution of funds, boards of education are unable to provide all of the textbooks for which applications have been made due to a prorata funding reduction by the Department of Education, then boards of education may seek input from the authorized parent representatives, and thereupon shall use their best judgment in selecting the textbooks which shall be purchased. If, after exercising such judgment, there are not enough textbooks of a particular subject and grade level to fulfill all of the individual requests, then such textbooks shall be distributed on the basis of a random drawing.

004.07Availability of textbook inventory

Textbooks purchased with funds appropriated for purposes of this chapter shall be maintained in a separate inventory and shall be made available to private school children so long as the textbook titles remain on the list required in 004.OlA, and the textbooks are not lost, stolen, destroyed, or damaged beyond repair. Such inventory may be maintained at a facility of the school district which purchased the textbooks or at an alternative site or sites agreed upon by the school district and the authorized parent representative(s) responsible for such textbooks. If an alternative inventory site is designated, the authorized parent representative(s) shall be deemed to have custody of such textbooks, be personally liable for the safekeeping of such textbooks, and shall maintain a documented inventory-control system as agreed upon with the school district.

004.08Recovery of damages

Amounts reimbursed by students, parents, guardians or authorized parent representative(s) for damaged textbooks or textbooks not returned shall be retained in a separate account and used to offset the amount otherwise needed to be requested in future years for distribution under this chapter.

92 Neb. Admin. Code, ch. 4, § 004