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CONSTITUTION OF THE STATE OF NEBRASKA

of 1875,
AND SUBSEQUENT AMENDMENTS

PREAMBLE. We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the Constitution of the State of Nebraska.

ARTICLE I-BILL OF RIGHTS ..

Section 1. All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty and the pursuit of happiness. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed..

Sec. 2. There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.

Sec. 3. No person shall be deprived of life, liberty, or property, without due process of law.

Sec. 4. All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect or support any place of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious beliefs; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the Legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

Sec. S. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.

Sec. 6. The right of trial by jury shall remain inviolate, but the Legislature may authorize trial by a jury of a less number than twelve in courts inferior to the District Court, and may by general law authorize a verdict in civil cases in any court by not less than five-sixths of the APPENDIX - I

CHAPTER 79-1701 AND 79-1703
PRIVATE, DENOMINATIONAL AND PAROCHIAL SCHOOLS

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section 79-1529, but shall be allowed to retain his or her accumulated contribution in the system and continue to become vested in the state's accumulated contribution as well as the State Employees Retirement System according to the following:

(a) The years of participation in the School Retirement System before an election is made as provided in this act plus the years of participation in the State Employees Retirement System after the election is made as provided in this act, shall both be credited toward compliance with the five-year service requirement provided under section 79-1522.

(b) The years of participation in the School Retirement System before the election is made as provided in this act plus the years of participation in the State Employees Retirement System after the election is made as provided in this act shall both be credited toward compliance with section 84-1321.

Source: Laws 1980, LB 818, $ 2.
Nolo: "This act" includes sections 79-1510, 79.1565, and 84-1301.

ARTICLE 16
JUNIOR COLLEGES

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Chapter 79, article 16. Repealed. Laws 1975, LB 344, § 30.

ARTICLE 17
PRIVATE. DENOMINATIONAL, AND PAROCHIAL SCHOOLS

Cross Roloronce Water furnished froo by cities of metropolitan clası, see section 14-1024. Section. 79-1701. Private, denominational, or parochial schools; laws applicable. 79-1702. Repealed. Laws 1971, LB 292, $ 22. 79-1703. Private, denominational, or parochial schools; religious instruction

authorized. 79-1704. Private, denominational, or parochial schools; management and control. 79-1705. Private, denominational, or parochial schools; inspection by county

superintendent, superintendent of schools or other public school official;

when required. 79-1706. Private, denominational, or parochial schools; nonconformity with school

law; penalty. 79-1707. Violations; penalty.

79-1701. Private, denominational. or parochial schools: laws applica. ble. All private, denominational, and parochial schools in the State of Nebraska, and all teachers employed or giving instruction therein, shall be subject to and governed by the provisions of the general

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school laws of the state so far as the same apply to grades, qualifica. . tions, and certification of teachers and promotion of pupils. All pri

vate, denominational, and parochial schools shall have adequate equipment and supplies, and shall be graded the same and shall have courses of study for each grade conducted therein, substantially the same as those given in the public schools where the children attending would attend in the absence of such private, denominational, or parochial schools. Source: Laws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(h), p.

230; C.S.1922, $ 65088; C.S.1929, $ 79-1906; R.S.1943, § 79

1913; Laws 1949, c. 256, $ 506, p. 864. Requirement of minimal school standards parents of school children. Meyerkorth v. did not infringe upon constitutional rights of Sute, 173 Neb. 889, 115 N.W 2d 585.

79.1702. Repealed. Laws 1971, LB 292, § 22.

79-1703. Private, denominational, or parochicl schools; religious instruction authorized. Nothing in sections 79-1701 to 79-1704 contained shall be so construed as to interfere with religious instruction in any private, denominational, or parochial school. Source: Laws 1919, c. 155, $ 3, p. 349; Laws 1921, c. 53, § 1(j), p. 230;

C.S.1922, $ 6508h; C.S.1929, $ 79-1908; R.S.1943, § 79-1915;
Laws 1949, c. 256, $ 508, p. 864.

79-1704. Private, denominational, or parochial schools; management and control. For the purposes of sections 79-1701 to 79-1704 the owner or governing board of any private, denominational, or parochial school shall have authority to select and purchase textbooks, equipment, and supplies, to employ teachers, and to have and exercise the general management of the school, subject to the provisions of said sections. · Source: Laws 1919, c. 155, § 4, p. 349; Laws 1921, c. 53, § 1(k), p. 230;

C.S.1922, $ 6508i; C.S.1929, $ 79-1909; R.S.1943, $ 79-1916;
Laws 1949, c. 256, $ 509, p. 864.

79-1705. Private, denominational, or parochial schools; inspection by county superintendent, superintendent of schools or other public school official: when required. The county superintendent in first-class school districts, or the superintendent of schools in all other districts, where any private, denominational, or parochial school not otherwise inspected by an area or diocesan representative holding either a Nebraska Administrative and Supervisory Certificate or a Nebraska Professional Administrative and Supervisory Certificate is located, shall inspect such schools and report to the proper officers any evi. dence of failure to observe any of the provisions of sections 79-1701 to

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Proceedings had before the HONORABLE RONALD E. REAGAN,

JUDGE, at Plattsmouth, Nebraska, on April 26, 1984.

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Vicky Nickeson, RPR
Official Court Reporter
Plattsmouth, NE 68048

CERTIFICATE

1, Vicky Nickeson, Official Court Reporter in the district court of Nebraska for the second judicial district, do hereby certify that the within and following partial

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by me, and the rulings of the Court thereon, from the proceedings had in or at the trial of the foregoing cause in said court; and that said transcript is a correct and complete transcription of the evidence requested to be ttanscribed from the record made at the time of said proceedings or trial.

Dated this 30th day of April, 1984.

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