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![handle is hein.sag/sagne2016 and id is 1 raw text is:
STATE OF NEBRASKA
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2115 STATE CAPITOL BUILDING
LINCOLN, NE 68509-8920
(402) 471-2682
TDD (402) 471-2682
FAX (402) 471-3297 or (402) 471-4725
DOUGLAS J. PETERSON
ATTORNEY GENERAL
SUBJECT:
REQUESTED BY:
WRITTEN BY:
Defining Textbooks for Purposes of the Textbook Loan Program
Senator Bob Krist
Nebraska State Legislature
Douglas J. Peterson, Attorney General
Leslie S. Donley, Assistant Attorney General
You have requested an opinion from this office with respect to a legal interpretation
of Neb. Rev. Stat. § 79-734(2) (2014). This statute requires public school boards to
purchase and loan textbooks, upon individual request, to children who are enrolled in
kindergarten to grade twelve of a private school approved for legal operation by the State
Board of Education. You state in' your opinion request letter that the Nebraska
Department of Education (Department) is interpreting the word textbook, as that term
is used in § 79-734(2) and the accompanying regulation, in a manner that provides public
school students with educational materials that are not allowed for private school students
under the textbook loan program. You indicate that you are considering introducing
legislation to define textbook under § 79-734(2), but would like us to clarify whether
legislation is necessary in light of the department's regulatory definition of textbook and
the 2008 amendments to the definition. You state that if legislation is necessary, [our]
opinion would help to clarify the nature and extent of the ambiguity in the statute. Finally,
you state that your opinion request has no financial implications, but rather seeks a
clarification as to what textbooks are to be provided to private school children once the
appropriation has been determined.
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