General Information Regarding NDE Rules and Regulations
Statutory Authority: The Administrative Procedures Act (Sections 84-901 to 84-920 of the Revised Statutes of Nebraska) contains the main statutory provisions detailing how state agency rules and regulations are adopted. Under state law, the terms “rules” and “regulations” may be used interchangeably. The State Board of Education has the authority to adopt state rules and regulations for carrying out the State Board’s constitutional responsibilities and those responsibilities assigned to the State Department of Education by the Legislature. State regulations that are properly adopted and filed with the Secretary of State have the effect of statutory law (See Nucor Steel v. Leuenberger, 233 Neb. 863 (1989).
Nebraska Administrative Code: All Nebraska state agency regulations are compiled in the Nebraska Administrative Code (NAC). Each agency is assigned certain titles of the Code for its rules and regulations. The Nebraska Department of Education uses Titles 92 and 93. The Nebraska Department of Education administration regulations are contained in Title 92 of the NAC, and each of the Department of Education’s “rules” are actually “chapters” of Title 92 of the NAC. Thus, the formal legal citation to the Department’s “Rule 1” is “Title 92, Nebraska Administrative Code, Chapter 1”, or “92 NAC 1” when abbreviated. In addition, Title 93 is used for the Department’s Personnel regulations for its state employees.