State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-215

79-215. Students; admission;tuition; persons exempt; department; duties.(1)Except as otherwise provided in this section, a student is a resident of theschool district where he or she resides andshall be admitted to any such school district upon request without charge.(2) A schoolboard shall admit a student upon request without charge if at least one ofthe student's parents resides in the school district.(3) A school board shall admitany homeless student uponrequest without charge.(4) A school board may allowa student whose residency in the district ceases during a school year to continueattending school in such district for the remainder of that school year.(5) A school board may admitnonresident students to the school district pursuant to a contract with thedistrict where the student is a resident and shall collect tuition pursuantto the contract.(6) A school board may admitnonresident students to the school district pursuant to the enrollment optionprogram as authorized by sections 79-232 to 79-246, and such admission shallbe without charge.(7) A schoolboard of any school district that is a member of a learning community shalladmit nonresident students to the school district pursuant to the open enrollmentprovisions of a diversity plan in a learning community as authorized by section 79-2110, and such admission shall be without charge.(8) A school board may admita student who is a resident of another state to the school district and collecttuition in advance at a rate determined by the school board.(9) When a student as a wardof the state or as a ward of any court (a) has been placed in a school districtother than the district in which he or she resided at the time he or she becamea ward and such ward does not reside in a foster family home licensed or approvedby the Department of Health and Human Services or a foster home maintainedor used pursuant to section 83-108.04 or (b) has been placed in any institutionwhich maintains a special education program which has been approved by theState Department of Education and such institution is not owned or operatedby the district in which he or she resided at the time he or she became award, the cost of his or her education and the required transportation costsassociated with the student's education shall be paid by the state, but notin advance, to the receiving school district or approved institution underrules and regulations prescribed by the Department of Health and Human Servicesand the student shall remain a resident of the district in which he or sheresided at the time he or she became a ward. Any student who is a ward ofthe state or a ward of any court who resides in a foster family home licensedor approved by the Department of Health and Human Services or a foster homemaintained or used pursuant to section 83-108.04 shall be deemed a residentof the district in which he or she resided at the time he or she became afoster child, unless it is determined under section 43-1311 or 43-1312 thathe or she will not attend such district in which case he or she shall be deemeda resident of the district in which the foster family home or foster homeis located.(10)(a)When a student is not a ward of the state or a ward of any court and is residingin a residential setting located in Nebraska for reasons other than to receivean education and the residential setting is operated by a service providerwhich is certified or licensed by the Department of Health and Human Servicesor is enrolled in the medical assistance program established pursuant to theMedical Assistance Act and Title XIX or XXI of the federal Social SecurityAct, as amended, the student shall remain a resident of the district in whichhe or she resided immediately prior to residing in such residential setting.The resident district for a student who is not a ward of the state or a wardof any court does not change when the student moves from one residential settingto another.(b)If a student is residing in a residential setting as described in subdivision(10)(a) of this section and such residential setting does not maintain aninterim-program school as defined in section 79-1119.01 or an approved oraccredited school, the resident school district shall contract with the districtin which such residential setting is located for the provision of all educationalservices, including all special education services and support services asdefined in section 79-1125.01, unless a parent or guardian and the residentschool district agree that an appropriate education will be provided by theresident school district while the student is residing in such residentialsetting. If the resident school district is required to contract, the districtin which such residential setting is located shall contract with the residentdistrict and provide all educational services, including all special educationservices, to the student. If the two districts cannot agree on the amountof the contract, the State Department of Education shall determine the amountto be paid by the resident district to the district in which such residentialsetting is located based on the needs of the student, approved special educationrates, the department's general experience with special education budgets,and the cost per student in the district in which such residential settingis located. Once the contract has been entered into, all legal responsibilityfor special education and related services shall be transferred to the schooldistrict in which the residential setting is located.(c) If a student is residing ina residential setting as described in subdivision (10)(a) of this sectionand such residential setting maintains an interim-program school as definedin section 79-1119.01 or an approved or accredited school, the departmentshall reimburse such residential setting for the provision of all educationalservices, including all special education services and support services, withthe amount of payment for all educational services determined pursuant tothe average per pupil cost of the service agency as defined in section 79-1116.The resident school district shall retain responsibility for such student'sindividualized education plan, if any. The educational services may be providedthrough (i) such interim-program school or approved or accredited school,(ii) a contract between the residential setting and the school district inwhich such residential setting is located, (iii) a contract between the residentialsetting and another service agency as defined in section 79-1124, or (iv)a combination of such educational service providers.(d) If a school district pays aschool district in which a residential setting is located for educationalservices provided pursuant to subdivision (10)(b) of this section and it islater determined that a different school district was the resident schooldistrict for such student at the time such educational services were provided,the school district that was later determined to be the resident school districtshall reimburse the school district that initially paid for the educationalservices one hundred ten percent of the amount paid.(e) A student residing in a residentialsetting described in this subsection shall be defined as a student with ahandicap pursuant to Article VII, section 11, of the Constitution of Nebraska,and as such the state and any political subdivision may contract with institutionsnot wholly owned or controlled by the state or any political subdivision toprovide the educational services to the student if such educational servicesare nonsectarian in nature.(11) Inthe case of any individual eighteen years of age or younger who is a wardof the state or any court and who is placed in a county detention home establishedunder section 43-2,110, the cost of his or her education shall be paid bythe state, regardless of the district in which he or she resided at the timehe or she became a ward, to the agency or institution which: (a) Is selectedby the county board with jurisdiction over such detention home; (b) has agreedor contracted with such county board to provide educational services; and(c) has been approved by the State Department of Education pursuant to rulesand regulations prescribed by the State Board of Education.(12) No tuition shall be chargedfor students who may be by law allowed to attend the school without charge.(13) On a form prescribedby the State Department of Education, an adult with legal or actual chargeor control of a student shall provide the name of the student, the name ofthe adult with legal or actual charge or control of the student, the addresswhere the student is residing, and the telephone number and address wherethe adult may generally be reached during the school day. If the student ishomeless or if the adult does not have a telephone number and address wherehe or she may generally be reached during the school day, those parts of theform may be left blank and a box may be marked acknowledging that these arethe reasons these parts of the form were left blank. The adult with legalor actual charge or control of the student shall also sign the form.(14) The department may adopt and promulgate rules and regulationsto carry out the department's responsibilities under this section. SourceLaws 1881, c. 78, subdivision V, § 4, p. 352; Laws 1883, c. 72, § 11, p. 293; Laws 1901, c. 63, § 10, p. 440; R.S.1913, § 6784; Laws 1921, c. 64, § 1, p. 250; C.S.1922, § 6325; Laws 1927, c. 88, § 1, p. 257; C.S.1929, § 79-504; R.S.1943, § 79-504; Laws 1947, c. 273, § 1, p. 877; Laws 1949, c. 256, § 84, p. 720; Laws 1972, LB 1219, § 1; Laws 1974, LB 43, § 1; Laws 1979, LB 128, § 1; Laws 1980, LB 770, § 1; Laws 1980, LB 839, § 1; Laws 1982, LB 642, § 1; Laws 1984, LB 286, § 1; Laws 1984, LB 768, § 1; Laws 1985, LB 592, § 1; Laws 1985, LB 725, § 1; Laws 1991, LB 511, § 29; Laws 1992, LB 245, § 34; Laws 1992, Third Spec. Sess., LB 3, § 1; Laws 1994, LB 858, § 5; R.S.1943, (1994), § 79-445; Laws 1996, LB 900, § 19; Laws 1996, LB 1044, § 814; Laws 1997, LB 307, § 212; Laws 2000, LB 1243, § 2; Laws 2001, LB 797, § 5; Laws 2002, LB 1105, § 503; Laws 2006, LB 1248, § 87; Laws 2008, LB1014, § 68; Laws 2010, LB1071, § 3; Laws 2010, LB1087, § 1.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB1071, section 3, with LB1087, section 1, to reflect all amendments.Note: Changes made by LB1071 became operative July 15, 2010. Changes made by LB1087 became operative August 1, 2010. Cross ReferencesMedical Assistance Act, see section 68-901. AnnotationsThe permissive language in subsection (8) of this section pertaining to a "request by a parent or legal guardian" does not affect a student's residency determination and does not narrow the scope of the section to the minor students only. Jefferson Cty. Bd. of Ed. v. York Cty. Bd. of Ed., 270 Neb. 407, 703 N.W.2d 257 (2005).Pursuant to subsection (2) (now subsection (7)) of this section, the unambiguous language of this section obligates the state to pay the cost of both regular and special education received by state wards placed in Boys Town schools. Subsection (2) of this section does not violate Neb. Const. Art. VII, section 11. Father Flanagan's Boys Home v. Dept. of Soc. Servs., 255 Neb. 303, 583 N.W.2d 774 (1998).Domicile of child normally follows that of parent who has custody by virtue of decree of divorce. State ex rel. Frasier v. Whaley, 194 Neb. 703, 234 N.W.2d 909 (1975).Cited in determining whether tuition had been paid for two or more consecutive years. Pischel v. Kreycik, 184 Neb. 332, 167 N.W.2d 388 (1969).Agreement on part of parents to pay high school tuition will not be implied. School District No. 15 of Furnas County v. Wilson, 101 Neb. 683, 164 N.W. 709 (1917).Nonresident pupil must pay tuition. State ex rel. Vale v. School Dist. of City of Superior, 55 Neb. 317, 75 N.W. 855 (1898).Child, for school purposes, may have separate residence from parent. Mizner v. School Dist. No. 11 of Sherman County, 2 Neb. Unof. 238, 96 N.W. 128 (1901).

State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-215

79-215. Students; admission;tuition; persons exempt; department; duties.(1)Except as otherwise provided in this section, a student is a resident of theschool district where he or she resides andshall be admitted to any such school district upon request without charge.(2) A schoolboard shall admit a student upon request without charge if at least one ofthe student's parents resides in the school district.(3) A school board shall admitany homeless student uponrequest without charge.(4) A school board may allowa student whose residency in the district ceases during a school year to continueattending school in such district for the remainder of that school year.(5) A school board may admitnonresident students to the school district pursuant to a contract with thedistrict where the student is a resident and shall collect tuition pursuantto the contract.(6) A school board may admitnonresident students to the school district pursuant to the enrollment optionprogram as authorized by sections 79-232 to 79-246, and such admission shallbe without charge.(7) A schoolboard of any school district that is a member of a learning community shalladmit nonresident students to the school district pursuant to the open enrollmentprovisions of a diversity plan in a learning community as authorized by section 79-2110, and such admission shall be without charge.(8) A school board may admita student who is a resident of another state to the school district and collecttuition in advance at a rate determined by the school board.(9) When a student as a wardof the state or as a ward of any court (a) has been placed in a school districtother than the district in which he or she resided at the time he or she becamea ward and such ward does not reside in a foster family home licensed or approvedby the Department of Health and Human Services or a foster home maintainedor used pursuant to section 83-108.04 or (b) has been placed in any institutionwhich maintains a special education program which has been approved by theState Department of Education and such institution is not owned or operatedby the district in which he or she resided at the time he or she became award, the cost of his or her education and the required transportation costsassociated with the student's education shall be paid by the state, but notin advance, to the receiving school district or approved institution underrules and regulations prescribed by the Department of Health and Human Servicesand the student shall remain a resident of the district in which he or sheresided at the time he or she became a ward. Any student who is a ward ofthe state or a ward of any court who resides in a foster family home licensedor approved by the Department of Health and Human Services or a foster homemaintained or used pursuant to section 83-108.04 shall be deemed a residentof the district in which he or she resided at the time he or she became afoster child, unless it is determined under section 43-1311 or 43-1312 thathe or she will not attend such district in which case he or she shall be deemeda resident of the district in which the foster family home or foster homeis located.(10)(a)When a student is not a ward of the state or a ward of any court and is residingin a residential setting located in Nebraska for reasons other than to receivean education and the residential setting is operated by a service providerwhich is certified or licensed by the Department of Health and Human Servicesor is enrolled in the medical assistance program established pursuant to theMedical Assistance Act and Title XIX or XXI of the federal Social SecurityAct, as amended, the student shall remain a resident of the district in whichhe or she resided immediately prior to residing in such residential setting.The resident district for a student who is not a ward of the state or a wardof any court does not change when the student moves from one residential settingto another.(b)If a student is residing in a residential setting as described in subdivision(10)(a) of this section and such residential setting does not maintain aninterim-program school as defined in section 79-1119.01 or an approved oraccredited school, the resident school district shall contract with the districtin which such residential setting is located for the provision of all educationalservices, including all special education services and support services asdefined in section 79-1125.01, unless a parent or guardian and the residentschool district agree that an appropriate education will be provided by theresident school district while the student is residing in such residentialsetting. If the resident school district is required to contract, the districtin which such residential setting is located shall contract with the residentdistrict and provide all educational services, including all special educationservices, to the student. If the two districts cannot agree on the amountof the contract, the State Department of Education shall determine the amountto be paid by the resident district to the district in which such residentialsetting is located based on the needs of the student, approved special educationrates, the department's general experience with special education budgets,and the cost per student in the district in which such residential settingis located. Once the contract has been entered into, all legal responsibilityfor special education and related services shall be transferred to the schooldistrict in which the residential setting is located.(c) If a student is residing ina residential setting as described in subdivision (10)(a) of this sectionand such residential setting maintains an interim-program school as definedin section 79-1119.01 or an approved or accredited school, the departmentshall reimburse such residential setting for the provision of all educationalservices, including all special education services and support services, withthe amount of payment for all educational services determined pursuant tothe average per pupil cost of the service agency as defined in section 79-1116.The resident school district shall retain responsibility for such student'sindividualized education plan, if any. The educational services may be providedthrough (i) such interim-program school or approved or accredited school,(ii) a contract between the residential setting and the school district inwhich such residential setting is located, (iii) a contract between the residentialsetting and another service agency as defined in section 79-1124, or (iv)a combination of such educational service providers.(d) If a school district pays aschool district in which a residential setting is located for educationalservices provided pursuant to subdivision (10)(b) of this section and it islater determined that a different school district was the resident schooldistrict for such student at the time such educational services were provided,the school district that was later determined to be the resident school districtshall reimburse the school district that initially paid for the educationalservices one hundred ten percent of the amount paid.(e) A student residing in a residentialsetting described in this subsection shall be defined as a student with ahandicap pursuant to Article VII, section 11, of the Constitution of Nebraska,and as such the state and any political subdivision may contract with institutionsnot wholly owned or controlled by the state or any political subdivision toprovide the educational services to the student if such educational servicesare nonsectarian in nature.(11) Inthe case of any individual eighteen years of age or younger who is a wardof the state or any court and who is placed in a county detention home establishedunder section 43-2,110, the cost of his or her education shall be paid bythe state, regardless of the district in which he or she resided at the timehe or she became a ward, to the agency or institution which: (a) Is selectedby the county board with jurisdiction over such detention home; (b) has agreedor contracted with such county board to provide educational services; and(c) has been approved by the State Department of Education pursuant to rulesand regulations prescribed by the State Board of Education.(12) No tuition shall be chargedfor students who may be by law allowed to attend the school without charge.(13) On a form prescribedby the State Department of Education, an adult with legal or actual chargeor control of a student shall provide the name of the student, the name ofthe adult with legal or actual charge or control of the student, the addresswhere the student is residing, and the telephone number and address wherethe adult may generally be reached during the school day. If the student ishomeless or if the adult does not have a telephone number and address wherehe or she may generally be reached during the school day, those parts of theform may be left blank and a box may be marked acknowledging that these arethe reasons these parts of the form were left blank. The adult with legalor actual charge or control of the student shall also sign the form.(14) The department may adopt and promulgate rules and regulationsto carry out the department's responsibilities under this section. SourceLaws 1881, c. 78, subdivision V, § 4, p. 352; Laws 1883, c. 72, § 11, p. 293; Laws 1901, c. 63, § 10, p. 440; R.S.1913, § 6784; Laws 1921, c. 64, § 1, p. 250; C.S.1922, § 6325; Laws 1927, c. 88, § 1, p. 257; C.S.1929, § 79-504; R.S.1943, § 79-504; Laws 1947, c. 273, § 1, p. 877; Laws 1949, c. 256, § 84, p. 720; Laws 1972, LB 1219, § 1; Laws 1974, LB 43, § 1; Laws 1979, LB 128, § 1; Laws 1980, LB 770, § 1; Laws 1980, LB 839, § 1; Laws 1982, LB 642, § 1; Laws 1984, LB 286, § 1; Laws 1984, LB 768, § 1; Laws 1985, LB 592, § 1; Laws 1985, LB 725, § 1; Laws 1991, LB 511, § 29; Laws 1992, LB 245, § 34; Laws 1992, Third Spec. Sess., LB 3, § 1; Laws 1994, LB 858, § 5; R.S.1943, (1994), § 79-445; Laws 1996, LB 900, § 19; Laws 1996, LB 1044, § 814; Laws 1997, LB 307, § 212; Laws 2000, LB 1243, § 2; Laws 2001, LB 797, § 5; Laws 2002, LB 1105, § 503; Laws 2006, LB 1248, § 87; Laws 2008, LB1014, § 68; Laws 2010, LB1071, § 3; Laws 2010, LB1087, § 1.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB1071, section 3, with LB1087, section 1, to reflect all amendments.Note: Changes made by LB1071 became operative July 15, 2010. Changes made by LB1087 became operative August 1, 2010. Cross ReferencesMedical Assistance Act, see section 68-901. AnnotationsThe permissive language in subsection (8) of this section pertaining to a "request by a parent or legal guardian" does not affect a student's residency determination and does not narrow the scope of the section to the minor students only. Jefferson Cty. Bd. of Ed. v. York Cty. Bd. of Ed., 270 Neb. 407, 703 N.W.2d 257 (2005).Pursuant to subsection (2) (now subsection (7)) of this section, the unambiguous language of this section obligates the state to pay the cost of both regular and special education received by state wards placed in Boys Town schools. Subsection (2) of this section does not violate Neb. Const. Art. VII, section 11. Father Flanagan's Boys Home v. Dept. of Soc. Servs., 255 Neb. 303, 583 N.W.2d 774 (1998).Domicile of child normally follows that of parent who has custody by virtue of decree of divorce. State ex rel. Frasier v. Whaley, 194 Neb. 703, 234 N.W.2d 909 (1975).Cited in determining whether tuition had been paid for two or more consecutive years. Pischel v. Kreycik, 184 Neb. 332, 167 N.W.2d 388 (1969).Agreement on part of parents to pay high school tuition will not be implied. School District No. 15 of Furnas County v. Wilson, 101 Neb. 683, 164 N.W. 709 (1917).Nonresident pupil must pay tuition. State ex rel. Vale v. School Dist. of City of Superior, 55 Neb. 317, 75 N.W. 855 (1898).Child, for school purposes, may have separate residence from parent. Mizner v. School Dist. No. 11 of Sherman County, 2 Neb. Unof. 238, 96 N.W. 128 (1901).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-215

79-215. Students; admission;tuition; persons exempt; department; duties.(1)Except as otherwise provided in this section, a student is a resident of theschool district where he or she resides andshall be admitted to any such school district upon request without charge.(2) A schoolboard shall admit a student upon request without charge if at least one ofthe student's parents resides in the school district.(3) A school board shall admitany homeless student uponrequest without charge.(4) A school board may allowa student whose residency in the district ceases during a school year to continueattending school in such district for the remainder of that school year.(5) A school board may admitnonresident students to the school district pursuant to a contract with thedistrict where the student is a resident and shall collect tuition pursuantto the contract.(6) A school board may admitnonresident students to the school district pursuant to the enrollment optionprogram as authorized by sections 79-232 to 79-246, and such admission shallbe without charge.(7) A schoolboard of any school district that is a member of a learning community shalladmit nonresident students to the school district pursuant to the open enrollmentprovisions of a diversity plan in a learning community as authorized by section 79-2110, and such admission shall be without charge.(8) A school board may admita student who is a resident of another state to the school district and collecttuition in advance at a rate determined by the school board.(9) When a student as a wardof the state or as a ward of any court (a) has been placed in a school districtother than the district in which he or she resided at the time he or she becamea ward and such ward does not reside in a foster family home licensed or approvedby the Department of Health and Human Services or a foster home maintainedor used pursuant to section 83-108.04 or (b) has been placed in any institutionwhich maintains a special education program which has been approved by theState Department of Education and such institution is not owned or operatedby the district in which he or she resided at the time he or she became award, the cost of his or her education and the required transportation costsassociated with the student's education shall be paid by the state, but notin advance, to the receiving school district or approved institution underrules and regulations prescribed by the Department of Health and Human Servicesand the student shall remain a resident of the district in which he or sheresided at the time he or she became a ward. Any student who is a ward ofthe state or a ward of any court who resides in a foster family home licensedor approved by the Department of Health and Human Services or a foster homemaintained or used pursuant to section 83-108.04 shall be deemed a residentof the district in which he or she resided at the time he or she became afoster child, unless it is determined under section 43-1311 or 43-1312 thathe or she will not attend such district in which case he or she shall be deemeda resident of the district in which the foster family home or foster homeis located.(10)(a)When a student is not a ward of the state or a ward of any court and is residingin a residential setting located in Nebraska for reasons other than to receivean education and the residential setting is operated by a service providerwhich is certified or licensed by the Department of Health and Human Servicesor is enrolled in the medical assistance program established pursuant to theMedical Assistance Act and Title XIX or XXI of the federal Social SecurityAct, as amended, the student shall remain a resident of the district in whichhe or she resided immediately prior to residing in such residential setting.The resident district for a student who is not a ward of the state or a wardof any court does not change when the student moves from one residential settingto another.(b)If a student is residing in a residential setting as described in subdivision(10)(a) of this section and such residential setting does not maintain aninterim-program school as defined in section 79-1119.01 or an approved oraccredited school, the resident school district shall contract with the districtin which such residential setting is located for the provision of all educationalservices, including all special education services and support services asdefined in section 79-1125.01, unless a parent or guardian and the residentschool district agree that an appropriate education will be provided by theresident school district while the student is residing in such residentialsetting. If the resident school district is required to contract, the districtin which such residential setting is located shall contract with the residentdistrict and provide all educational services, including all special educationservices, to the student. If the two districts cannot agree on the amountof the contract, the State Department of Education shall determine the amountto be paid by the resident district to the district in which such residentialsetting is located based on the needs of the student, approved special educationrates, the department's general experience with special education budgets,and the cost per student in the district in which such residential settingis located. Once the contract has been entered into, all legal responsibilityfor special education and related services shall be transferred to the schooldistrict in which the residential setting is located.(c) If a student is residing ina residential setting as described in subdivision (10)(a) of this sectionand such residential setting maintains an interim-program school as definedin section 79-1119.01 or an approved or accredited school, the departmentshall reimburse such residential setting for the provision of all educationalservices, including all special education services and support services, withthe amount of payment for all educational services determined pursuant tothe average per pupil cost of the service agency as defined in section 79-1116.The resident school district shall retain responsibility for such student'sindividualized education plan, if any. The educational services may be providedthrough (i) such interim-program school or approved or accredited school,(ii) a contract between the residential setting and the school district inwhich such residential setting is located, (iii) a contract between the residentialsetting and another service agency as defined in section 79-1124, or (iv)a combination of such educational service providers.(d) If a school district pays aschool district in which a residential setting is located for educationalservices provided pursuant to subdivision (10)(b) of this section and it islater determined that a different school district was the resident schooldistrict for such student at the time such educational services were provided,the school district that was later determined to be the resident school districtshall reimburse the school district that initially paid for the educationalservices one hundred ten percent of the amount paid.(e) A student residing in a residentialsetting described in this subsection shall be defined as a student with ahandicap pursuant to Article VII, section 11, of the Constitution of Nebraska,and as such the state and any political subdivision may contract with institutionsnot wholly owned or controlled by the state or any political subdivision toprovide the educational services to the student if such educational servicesare nonsectarian in nature.(11) Inthe case of any individual eighteen years of age or younger who is a wardof the state or any court and who is placed in a county detention home establishedunder section 43-2,110, the cost of his or her education shall be paid bythe state, regardless of the district in which he or she resided at the timehe or she became a ward, to the agency or institution which: (a) Is selectedby the county board with jurisdiction over such detention home; (b) has agreedor contracted with such county board to provide educational services; and(c) has been approved by the State Department of Education pursuant to rulesand regulations prescribed by the State Board of Education.(12) No tuition shall be chargedfor students who may be by law allowed to attend the school without charge.(13) On a form prescribedby the State Department of Education, an adult with legal or actual chargeor control of a student shall provide the name of the student, the name ofthe adult with legal or actual charge or control of the student, the addresswhere the student is residing, and the telephone number and address wherethe adult may generally be reached during the school day. If the student ishomeless or if the adult does not have a telephone number and address wherehe or she may generally be reached during the school day, those parts of theform may be left blank and a box may be marked acknowledging that these arethe reasons these parts of the form were left blank. The adult with legalor actual charge or control of the student shall also sign the form.(14) The department may adopt and promulgate rules and regulationsto carry out the department's responsibilities under this section. SourceLaws 1881, c. 78, subdivision V, § 4, p. 352; Laws 1883, c. 72, § 11, p. 293; Laws 1901, c. 63, § 10, p. 440; R.S.1913, § 6784; Laws 1921, c. 64, § 1, p. 250; C.S.1922, § 6325; Laws 1927, c. 88, § 1, p. 257; C.S.1929, § 79-504; R.S.1943, § 79-504; Laws 1947, c. 273, § 1, p. 877; Laws 1949, c. 256, § 84, p. 720; Laws 1972, LB 1219, § 1; Laws 1974, LB 43, § 1; Laws 1979, LB 128, § 1; Laws 1980, LB 770, § 1; Laws 1980, LB 839, § 1; Laws 1982, LB 642, § 1; Laws 1984, LB 286, § 1; Laws 1984, LB 768, § 1; Laws 1985, LB 592, § 1; Laws 1985, LB 725, § 1; Laws 1991, LB 511, § 29; Laws 1992, LB 245, § 34; Laws 1992, Third Spec. Sess., LB 3, § 1; Laws 1994, LB 858, § 5; R.S.1943, (1994), § 79-445; Laws 1996, LB 900, § 19; Laws 1996, LB 1044, § 814; Laws 1997, LB 307, § 212; Laws 2000, LB 1243, § 2; Laws 2001, LB 797, § 5; Laws 2002, LB 1105, § 503; Laws 2006, LB 1248, § 87; Laws 2008, LB1014, § 68; Laws 2010, LB1071, § 3; Laws 2010, LB1087, § 1.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB1071, section 3, with LB1087, section 1, to reflect all amendments.Note: Changes made by LB1071 became operative July 15, 2010. Changes made by LB1087 became operative August 1, 2010. Cross ReferencesMedical Assistance Act, see section 68-901. AnnotationsThe permissive language in subsection (8) of this section pertaining to a "request by a parent or legal guardian" does not affect a student's residency determination and does not narrow the scope of the section to the minor students only. Jefferson Cty. Bd. of Ed. v. York Cty. Bd. of Ed., 270 Neb. 407, 703 N.W.2d 257 (2005).Pursuant to subsection (2) (now subsection (7)) of this section, the unambiguous language of this section obligates the state to pay the cost of both regular and special education received by state wards placed in Boys Town schools. Subsection (2) of this section does not violate Neb. Const. Art. VII, section 11. Father Flanagan's Boys Home v. Dept. of Soc. Servs., 255 Neb. 303, 583 N.W.2d 774 (1998).Domicile of child normally follows that of parent who has custody by virtue of decree of divorce. State ex rel. Frasier v. Whaley, 194 Neb. 703, 234 N.W.2d 909 (1975).Cited in determining whether tuition had been paid for two or more consecutive years. Pischel v. Kreycik, 184 Neb. 332, 167 N.W.2d 388 (1969).Agreement on part of parents to pay high school tuition will not be implied. School District No. 15 of Furnas County v. Wilson, 101 Neb. 683, 164 N.W. 709 (1917).Nonresident pupil must pay tuition. State ex rel. Vale v. School Dist. of City of Superior, 55 Neb. 317, 75 N.W. 855 (1898).Child, for school purposes, may have separate residence from parent. Mizner v. School Dist. No. 11 of Sherman County, 2 Neb. Unof. 238, 96 N.W. 128 (1901).