State Codes and Statutes
Statutes > Nebraska > Chapter79 > 79-23779-237. Attendance; application;cancellation; forms.(1) For a student to beginattendance as an option student in an option school district which is notin a learning community in which the student resides, the student's parentor legal guardian shall submit an application to the school board of the optionschool district between September 1 and March 15 for attendance during thefollowing and subsequent school years. Applications submitted after March15 shall containa release approval from the resident school district on the application form prescribed andfurnished by the State Department of Education pursuant to subsection (7)of this section. A district may not accept or approve any applications submittedafter such date without such a release approval. The option schooldistrict shall provide the resident school district with the name of the applicanton or before April 1 or, inthe case of an application submitted after March 15, within sixty days aftersubmission. The option school district shall notify, in writing,the parent or legal guardian of the student, the resident school district,and the State Department of Education whether the application is acceptedor rejected on or before April 1 or,in the case of an application submitted after March 15, within sixty daysafter submission.(2) For a student who resides in a learning community to beginattendance in an option school district which is a member of such learningcommunity, the student's parent or legal guardian shall submit an applicationto the school board of the option school district (a) for any learning communityestablished prior to February13, 2009, between February13, 2009, and April 1, 2009, or (b) for any learning communityestablished thereafter, between September 1 and March 15. Applications submittedafter such deadlines shall be accompanied by a written release from the residentschool district. Students who reside in a learning community shall only beginattendance in an option school district which is a member of such learningcommunity prior to the end of the first full school year for which the optionschool district is a member of such learning community. The option schooldistrict shall provide the resident school district with the name of the applicantwithin five days after the applicable deadline. The option school districtshall notify, in writing, the parent or legal guardian of the student, theresident school district, and the State Department of Education whether theapplication is accepted or rejected on or before April 10 for applicationssubmitted for school year 2009-10 and on or before April 1 for applicationssubmitted for any school year thereafter. A parent or guardian may provideinformation on the application regarding the applicant's potential qualificationfor free or reduced-price lunches. Any such information provided shall besubject to verification and shall only be used for the purposes of subsection (4) of section 79-238. Nothing in this subsectionrequires a parent or guardian to provide such information. Determinationsabout an applicant's qualification for free or reduced-price lunches for purposesof subsection (4) of section 79-238 shallbe based on any verified information provided on the application. If no suchinformation is provided, the student shall be presumed not to qualify forfree or reduced-price lunches for the purposes of subsection (4) ofsection 79-238.(3) Applications for students who do not actually attend theoption school district may be withdrawn in good standing upon mutual agreementby both the resident and option school districts.(4) No option student shall attend an option school districtfor less than one school year unless the student relocates to a differentresident school district, completes requirements for graduation prior to theend of his or her senior year, transfers to a private or parochial school,or upon mutual agreement of the resident and option school districts cancelsthe enrollment option and returns to the resident school district.(5) Except as provided in subsection (4) of this section,the option student shall attend the option school district until graduationunless the student relocates in a different resident school district, transfersto a private or parochial school, or chooses to return to the resident schooldistrict.(6) In each case of cancellation pursuant to subsections (4)and (5) of this section, the student's parent or legal guardian shall provide written notification to the school boardof the option school district, the resident school district, and the department onforms prescribed and furnished by the department under subsection (7) of thissection in advance of such cancellation.(7) The application and cancellation forms shall be prescribedand furnished by the State Department of Education.(8) An option student who subsequently chooses to attend aprivate or parochial school shall be automatically accepted to return to eitherthe resident school district or option school district upon the completionof the grade levels offered at the private or parochial school. If such studentchooses to return to the option school district, the student's parent or legalguardian shall submit another application to the school board of the optionschool district which shall be automatically accepted, and the deadlines prescribedin this section shall be waived. SourceLaws 1989, LB 183, § 6; Laws 1990, LB 843, § 7; Laws 1993, LB 348, § 66; Laws 1993, LB 838, § 1; R.S.1943, (1994), § 79-3406; Laws 1996, LB 900, § 41; Laws 2001, LB 797, § 6; Laws 2006, LB 1024, § 19; Laws 2009, LB62, § 2; Laws 2009, LB549, § 6.
