LB519 LB519
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 519
Introduced by Walz, 15.
Read first time January 17, 2023
Committee: Education
1 A BILL FOR AN ACT relating to education; to amend sections 79-809,
2 79-871, and 79-8,135, Reissue Revised Statutes of Nebraska, and
3 sections 79-808, 79-810, 79-813, 79-861, and 79-8,137, Revised
4 Statutes Cumulative Supplement, 2022; to eliminate certification
5 fees for teaching certificates as prescribed; to create and
6 terminate funds; to state intent regarding an appropriation; to
7 change provisions of the Excellence in Teaching Act; to adopt the
8 Student Teaching Assistance Act; to harmonize provisions; and to
9 repeal the original sections.
10 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 79-808, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 79-808 (1) The board shall establish, adopt, and promulgate
4 appropriate rules, regulations, and procedures governing the issuance,
5 renewal, conversion, suspension, and revocation of certificates and
6 permits to teach, provide special services, and administer based upon (a)
7 earned college credit in humanities, social and natural sciences,
8 mathematics, or career and technical education, (b) earned college
9 credit, or its equivalent in professional education, for particular
10 teaching, special services, or administrative assignments, (c) criminal
11 history record information if the applicant has not been a continuous
12 Nebraska resident for five years immediately preceding application for
13 the first issuance of a certificate, (d) human relations training, (e)
14 successful teaching, administration, or provision of special services,
15 and (f) moral, mental, and physical fitness for teaching, all in
16 accordance with sound educational practices. Such rules, regulations, and
17 procedures shall also provide for endorsement requirements to indicate
18 areas of specialization on such certificates and permits.
19 (2) The board may issue a temporary certificate, valid for a period
20 not to exceed two years, to any applicant for certification who has not
21 completed the human relations training requirement.
22 (3) Members of any advisory committee established by the board to
23 assist the board in teacher education and certification matters shall be
24 reimbursed for expenses as provided in sections 81-1174 to 81-1177. Each
25 school district which has an employee who serves as a member of such
26 committee and which is required to hire a person to replace such member
27 during the member's attendance at meetings or activities of the committee
28 or any subcommittee thereof shall be reimbursed from the General
29 Certification Fund for the expense it incurs from hiring a replacement.
30 School districts may excuse employees who serve on such advisory
31 committees from certain duties which conflict with any advisory committee
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1 duties.
2 Sec. 2. Section 79-809, Reissue Revised Statutes of Nebraska, is
3 amended to read:
4 79-809 In addition to the requirements in section 79-808, the
5 maximum which the board may require for the issuance of any entry-level
6 certificate or permit shall be that the applicant (1) has a baccalaureate
7 degree that qualifies for a certificate to teach, (2) has satisfactorily
8 completed, within two years of the date of application, an approved
9 program at a standard institution of higher education, (3) has
10 satisfactorily demonstrated basic skills competency, (4) has special
11 education training, and (5) has earned college credit in an approved
12 program, at a standard institution of higher education, for which
13 endorsement is sought, and (6) has paid a nonrefundable fee to the
14 department as provided in section 79-810.
15 Sec. 3. Section 79-810, Revised Statutes Cumulative Supplement,
16 2022, is amended to read:
17 79-810 (1) Certificates and permits shall be issued by the
18 commissioner upon application on forms prescribed and provided by him or
19 her which shall include the applicant's social security number.
20 (2) Each certificate or permit issued by the commissioner shall
21 indicate the area of authorization to teach, provide special services, or
22 administer and any areas of endorsement for which the holder qualifies.
23 During the term of any certificate or permit issued by the commissioner,
24 additional endorsements may be made on the certificate or permit if the
25 holder submits an application, and meets the requirements for issuance of
26 the additional endorsements, and pays a nonrefundable fee as set by the
27 commissioner, not to exceed fifty-five dollars.
28 (3) The Certification Fund is created. The Any fee received by the
29 department under sections 79-806 to 79-815 shall be remitted to the State
30 Treasurer for credit to the fund. The fund shall be used by the
31 department in paying the costs of certifying educators pursuant to such
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1 sections and to carry out subsection (3) of section 79-808. For issuance
2 of a certificate or permit valid in all schools, the nonrefundable fee
3 shall be set by the commissioner, not to exceed seventy-five dollars,
4 except that the commissioner shall designate a portion of the fee, not to
5 exceed seventeen dollars, that shall be credited to the Professional
6 Practices Commission Fund which is created for use by the department to
7 pay for the provisions of sections 79-859 to 79-871. For issuance of a
8 certificate or permit valid only in nonpublic schools, the nonrefundable
9 fee shall be set by the commissioner, not to exceed fifty-five dollars.
10 Any money in the Certification Fund or the Professional Practices
11 Commission Fund available for investment shall be invested by the state
12 investment officer pursuant to the Nebraska Capital Expansion Act and the
13 Nebraska State Funds Investment Act. The Certification Fund and the
14 Professional Practices Commission Fund shall terminate on October 1,
15 2023, and the State Treasurer shall transfer any money in such funds on
16 such date to the General Fund.
17 Sec. 4. Section 79-813, Revised Statutes Cumulative Supplement,
18 2022, is amended to read:
19 79-813 (1)(a) The board shall authorize the issuance of a
20 certificate or permit to any applicant for such certificate or permit
21 who:
22 (i) Is a military spouse or has been offered employment to teach,
23 administer, or provide special services by an accredited school district
24 in Nebraska or an approved and accredited private, denominational, or
25 parochial school in Nebraska;
26 (ii) Holds a valid certificate or permit currently in force in
27 another state to teach, administer, or provide special services;
28 (iii) Has held such certificate or permit for at least one year;
29 (iv) Is in good standing in all states where a certificate or permit
30 to teach, administer, or provide special services is held;
31 (v) Does not have any pending investigations or complaints against
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1 any such certificate or permit; and
2 (vi) Meets all residency and background check requirements otherwise
3 required for a Nebraska certificate or permit. ; and
4 (vii) Pays any applicable fees.
5 (b) The commissioner shall verify that the applicant for a
6 certificate or permit under this subsection meets the requirements of
7 subdivisions (a)(iv) and (v) of this subsection. Such applicant shall not
8 be required to meet the human relations training requirement under
9 section 79-808 to obtain such certification or permit. Such certificate
10 or permit shall be valid for at least three years and shall include the
11 same or similar endorsements to teach in all subject areas for which the
12 applicant had been certified to teach in such other state if a similar
13 endorsement is offered in Nebraska.
14 (c) A preliminary permit shall be issued to an applicant upon
15 submission of the application, payment of the applicable fees, and the
16 successful completion of the criminal history record information check as
17 provided in section 79-814.01. The preliminary permit shall remain in
18 force until the commissioner completes the review of all requirements in
19 subdivision (1)(a) of this section and either issues a certificate or
20 permit or notifies the applicant of the reason such certificate or permit
21 cannot be issued.
22 (d) The board shall adopt and promulgate rules and regulations to
23 (i) expedite the processing of an application submitted under this
24 subsection by an applicant whose spouse is serving on active duty at the
25 time of such submission and (ii) specify the documentation necessary to
26 establish the applicant's status as a spouse of a person who is serving
27 on active duty at the time of such submission.
28 (e) For purposes of this subsection:
29 (i) Active duty means full-time duty status in the active uniformed
30 service of the United States, including members of the National Guard and
31 Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and
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1 1211; and
2 (ii) Military spouse has the same meaning as in section 38-118.01.
3 (2) In addition to certificates and permits issued pursuant to
4 subsection (1) of this section, the board may authorize the issuance of
5 certificates or permits to applicants who hold a valid certificate or
6 permit currently in force in another state if the requirements for the
7 certificate or permit held by the applicant are comparable and equivalent
8 to those required for a similar type of certificate or permit issued
9 under sections 79-806 to 79-815.
10 Sec. 5. Section 79-861, Revised Statutes Cumulative Supplement,
11 2022, is amended to read:
12 79-861 (1) The Governor shall appoint a Professional Practices
13 Commission of twelve members nominated by the teaching profession and
14 existing teachers professional organizations. Members shall be
15 representative of elementary classroom teachers, secondary classroom
16 teachers, school administrators, and postsecondary education. Members
17 shall be appointed for staggered terms of three years. No member may
18 succeed himself or herself more than once. Members shall be reimbursed
19 for expenses as provided in sections 81-1174 to 81-1177. Compensation of
20 members who are public employees shall not be reduced by the agency or
21 body by which they are regularly employed for any absence from service
22 occasioned by attendance upon the business of the commission or any
23 panel, committee, or subcommittee of the commission. Each school district
24 which employs a member of the commission and which is required to employ
25 a person to replace such member during his or her attendance at meetings
26 of the commission or any panel, committee, or subcommittee of the
27 commission shall be reimbursed from the General Professional Practices
28 Commission Fund for the expense the district incurs from employing a
29 replacement.
30 (2) The members of the commission shall elect a chairperson pursuant
31 to the working rules of the commission. The chairperson shall call
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1 meetings of the commission, preside at all meetings of the commission en
2 banc, assign the work of the commission to the members, and perform such
3 other supervisory duties as required.
4 (3) A majority of the commission members shall constitute a quorum
5 to transact business. A hearing panel of not less than seven commission
6 members shall hear cases brought before the commission. Members of the
7 hearing panel shall be assigned on a rotating basis. For purposes of
8 hearings, the act or decision of a majority of the commission members
9 sitting on the hearing panel shall in all cases be deemed the final act
10 or decision of the commission.
11 Sec. 6. Section 79-871, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 79-871 All costs and expenses incurred by the commission in
14 administering the provisions of sections 79-859 to 79-871 shall be paid
15 as provided in section 79-810. The commission shall develop its own
16 budget for administration of sections 79-859 to 79-871, which shall be
17 included as a program in the general budget of the State Department of
18 Education.
19 Sec. 7. Section 79-8,135, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 79-8,135 (1) The department shall administer the Attracting
22 Excellence to Teaching Program either directly or by contracting with
23 public or private entities.
24 (2) To be eligible for the program, an eligible student shall:
25 (a) Graduate in the top quarter of his or her high school class or
26 have a minimum cumulative grade-point average of 3.0 on a four-point
27 scale in an eligible institution;
28 (b) Agree to complete a teacher education program at an eligible
29 institution and, for applicants applying for the first time on or after
30 April 23, 2009, to complete the major on which the applicant's
31 eligibility is based; and
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1 (c) Commit to teach in an accredited or approved public or private
2 school in Nebraska upon (i) successful completion of the teacher
3 education program for which the applicant is applying to the Attracting
4 Excellence to Teaching Program and (ii) becoming certified pursuant to
5 sections 79-806 to 79-815.
6 (3) Eligible students may apply on an annual basis for loans in an
7 amount of not more than five three thousand dollars per year. Loans
8 awarded to individual students shall not exceed a cumulative period
9 exceeding five consecutive years. Loans shall only be awarded through an
10 eligible institution. Loans shall be funded pursuant to section
11 79-8,137.05.
12 Sec. 8. Section 79-8,137, Revised Statutes Cumulative Supplement,
13 2022, is amended to read:
14 79-8,137 (1)(a) Prior to receiving any money from a loan pursuant to
15 the Attracting Excellence to Teaching Program, an eligible student shall
16 enter into a contract with the department. Such contract shall be exempt
17 from the requirements of sections 73-501 to 73-510.
18 (b) For eligible students who applied for the first time prior to
19 April 23, 2009, the contract shall require that if (i) the borrower is
20 not employed as a teacher in Nebraska for a time period equal to the
21 number of years required for loan forgiveness pursuant to subsection (2)
22 of this section and is not enrolled as a full-time student in a graduate