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Administrative Policy

Administrative policy is how laws are implemented in practice.

Your Voice Matters: Rule-Making Hearing – Nebraska Department of Education

Public Notice of Rule Hearing: https://www.education.ne.gov/legal/public-notices-of-upcoming-rule-hearings/

When: April 27, 2026 | 9:00 a.m. CT

What: The Nebraska Department of Education is proposing revisions to Title 92, Nebraska Administrative Code, Chapter 11 (Rule 11), Regulations for the Approval of Prekindergarten Programs Established by School Boards or Educational Service Units, and for the Issuance of Early Childhood Education Grants. The proposed changes:

  1. Provide eligibility in public prekindergarten programs for students who could be, but are not required to be, enrolled in kindergarten
  2. Provide that suspensions for pre-kindergarten children are to be governed by Neb. Rev. Stat. §79-265.01
  3. Simplify the teacher waiver process for early childhood education
  4. Provide alternatives to requiring certified teachers in specified circumstances

The FISCAL IMPACT statement may be obtained and inspected at the Office of the Nebraska Department of Education. This hearing is being conducted under the provisions of Neb. Rev. Stat. § 84-907, which provides that a DRAFT COPY OF THE PROPOSED RULE IS AVAILABLE for public examination at the Nebraska Department of Education and at the Office of the Secretary of State, State Capitol Building, Lincoln, Nebraska.

To obtain a copy of the hearing draft for these Rules, visit the Nebraska Department of Education webpage at https://www.education.ne.gov/legal/public-notices-of-upcoming-rule-hearings/.

How to Testify

  1. Testify via Zoom: ALL INTERESTED PERSONS are invited to ATTEND and TESTIFY via ZOOM. The link for the hearing will be available on the day of the hearing on the Nebraska Department of Education’s website at: www.education.ne.gov/legal/public-notices-of-upcoming-rule-hearings/.
  2. Submit written comments: Interested persons may also submit written comments to the Nebraska Department of Education prior to the hearing at NDE.RuleHearing@nebraska.gov. Written comments will be made a part of the hearing record at the time of the hearing.

Accommodations: If reasonable accommodations are needed, please contact David Jespersen at David.Jespersen@Nebraska.gov at least five (5) days prior to the hearing.

 

State Administrative Policy 

At the state level, the Legislature is responsible for passing laws, and state agencies, such as the Nebraska Department of Health and Human Services and the Nebraska Department of Education, implement them.

State Administrative Policy Includes:
  • Implementing federal requirements (CCDF, Medicaid)
  • Implementing state statutes
  • Remove state budget constraints
  • Governor’s administrative priorities
State Administrative Policy Process:
  1. Agency drafts proposed rules or guidance
  2. Public notice is issued
  3. Public comment and/or hearings occur
  4. Rules are finalized and implemented

How can advocates influence this state process?

 

  • Meet with agency leadership and program staff
  • Serve on advisory councils or task forces
  • Partner with providers and families to document barriers
  • Engage with the Governor’s office
  • Participate in public hearings and comment periods.

Federal Administrative Policy 

At the federal level, Congress passes laws, but agencies like the U.S. Department of Health and Human Services, Administration for Children and Families (ACF) and others are responsible for implementing them. 

Federal Administrative Policy Includes:
  • Federal regulations (rules)
  • Guidance and policy memos
  • Program instructions and grant rules
  • Oversight and compliance standards
The process is governed by the Administrative Procedure Act and works like this:
  1.  An agency publishes a notice of proposed rulemaking (NPRM)
  2.  Public comment period opens (often 30-60 days)
  3.  Agency reviews comments and may revise
  4.  Final rule is published and takes effect (takes at least 30 days for it to become effective)

 

A great example of this process is illustrated through a recent proposed rule change from the Department of Health and Human Services, Administration for Children and Families which would amend Child Care and Development Fund (CCDF) regulations. Check out our blog post, “New CCDF Proposed Rule: What it Does and How to Make an Online Comment,” for more information on this particular rule change.

How can advocates influence this federal process?

 

  • Meet with federal agency staff or congressional office staff to express your concerns.
  • Coordinate sign-on letters.
  • Submit written public comments. Comments for rules changes like the one linked above must be submitted through the Federal Register website.
    • After reviewing the proposal, click the “Submit a Public Comment” button to begin the submission process.
    • When you have written or uploaded your comment, you will be prompted to provide some basic information about yourself. When finished, click “Submit Comment” to complete the process.
    • It’s important to share data, lived experience and implementation concerns.

Check this page often to learn more about the latest proposals we’re watching at First Five Nebraska and for links to submit public comments.