State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-214

79-214. Admission of children; kindergarten; age; evidenceof physical examination; visual evaluation; when; exception.(1) For school years before schoolyear 2012-13:(a) Except as provided in subdivision (1)(b) of thissection, the school board of any school district shall not admit any childinto the kindergarten of any school of such school district unless such childhas reached the age of five years or will reach such age on or before October15 of the current year; and(b) The board may admit achild who will reach the age of five between October 16 and February 1 ofthe current school year if the parent or guardian requests such entrance andprovides an affidavit stating that (i) the child attended kindergartenin another jurisdiction in the current school year, (ii) thefamily anticipates relocation to another jurisdiction that would allow admissionwithin the current year, or (iii) the child has demonstratedthrough recognized assessment procedures approved by the board that he orshe is capable of carrying the work of kindergarten.(2) For school year 2012-13and each school year thereafter:(a) Except as provided in subdivision (2)(b) of thissection, the school board of any school district shall not admit any childinto the kindergarten of any school of such school district unless such childhas reached the age of five years on or before July 31 of the calendar yearin which the school year for which the child is seeking admission begins;and(b)The board may admit a child who will reach the age of five years on or afterAugust 1 and on or before October 15 of such school year if the parent orguardian requests such entrance and provides an affidavit stating that (i)the child attended kindergarten in another jurisdiction in the current schoolyear, (ii) the family anticipates relocation to another jurisdiction thatwould allow admission within the current year, or (iii) the child has demonstratedthrough a recognized assessment procedure approved by the board that he orshe is capable of carrying the work of kindergarten. On or before January1, 2012, each school board shall, for purposes of this subdivision, approveand make available a recognized assessment procedure for determining if achild is capable of carrying the work of kindergarten. The school board shallupdate approved procedures as the board deems appropriate.(3) The board shall comply with the requirements of subsection (2) ofsection 43-2007 and shall require evidence of: (a) A physical examinationby a physician, a physician assistant, or an advanced practice registerednurse, practicing under and in accordance with his or her respective certificationact, within six months prior to the entrance of a child into the beginnergrade and the seventh grade or, in the case of a transfer from out of state,to any other grade of the local school; and (b) for school year 2006-07 andeach school year thereafter, a visual evaluation by a physician, a physicianassistant, an advanced practice registered nurse, or an optometrist withinsix months prior to the entrance of a child into the beginner grade or, inthe case of a transfer from out of state, to any other grade of the localschool, which consists of testing for amblyopia, strabismus, and internaland external eye health, with testing sufficient to determine visual acuity,except that no such physical examination or visual evaluation shall be requiredof any child whose parent or guardian objects in writing. The cost of suchphysical examination and visual evaluation shall be borne by the parent orguardian of each child who is examined. SourceLaws 1931, c. 139, § 1, p. 385; C.S.Supp.,1941, § 79-412; R.S.1943, § 79-414; Laws 1949, c. 258, § 1, p. 869; Laws 1949, c. 256, § 83, p. 720; Laws 1965, c. 519, § 1, p. 1644; Laws 1967, c. 532, § 1, p. 1766; Laws 1973, LB 403, § 20; Laws 1979, LB 59, § 1; Laws 1986, LB 68, § 2; Laws 1987, LB 367, § 66; Laws 1988, LB 1013, § 4; Laws 1991, LB 836, § 33; Laws 1993, LB 348, § 18; Laws 1995, LB 214, § 1; Laws 1995, LB 401, § 42; R.S.Supp.,1995, § 79-444; Laws 1996, LB 900, § 18; Laws 1998, LB 1229, § 2; Laws 2000, LB 1115, § 87; Laws 2001, LB 797, § 4; Laws 2005, LB 114, § 1; Laws 2005, LB 256, § 96; Laws 2010, LB1006, § 2.Effective Date: July 15, 2010AnnotationsThis section deals with the subject of minimum age requirements at which pupils may enter kindergarten and first grade. State ex rel. Shineman v. Board of Education, 152 Neb. 644, 42 N.W.2d 168 (1950).