State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-238

79-238. Application acceptanceand rejection; standards; requestfor release; standards and conditions.(1)Except as provided in section 79-240, the school board of the option schooldistrict shall adopt by resolution specific standards for acceptance and rejectionof applications. Standards may include the capacity of a program, class, gradelevel, or school building or the availability of appropriate special educationprograms operated by the option school district.Capacity shall be determined by setting a maximum number of option studentsthat a district will accept in any program, class, grade level, or schoolbuilding, based upon available staff, facilities, projected enrollment ofresident students, projected number of students with which the option school district will contractbased on existing contractual arrangements, and availability of appropriatespecial education programs. The school board of the option school districtmay by resolution declare a program, a class, or a school unavailable to optionstudents due to lack of capacity. Standards shall not include previous academicachievement, athletic or other extracurricular ability, disabilities, proficiencyin the English language, or previous disciplinary proceedings except as providedin section 79-266.01. Falseor substantively misleading information submitted by a parent or guardianon an application to an option school district may be cause for the optionschool district to reject a previously accepted application if the rejectionoccurs prior to the student's attendance as an option student.(2) The schoolboard of every school district shall also adopt standards and conditions foracceptance or rejection of a request for release of a resident student submittingan application to an option school district after March 15 under subsection(1) of section 79-237.(3) Anyoption school district shall give first priority for enrollment to siblingsof option students, except that the option school district shall not be requiredto accept the sibling of an option student if the district is at capacityexcept as provided in subsection(1) of section 79-240.(4) Any option school districtthat is in a learning community shall give second priority for enrollmentto students who reside in the learning community and who contribute to thesocioeconomic diversity of enrollment as defined in section 79-2110 at theschool building to which the student will be assigned pursuant to section 79-235. SourceLaws 1989, LB 183, § 7; Laws 1990, LB 843, § 8; Laws 1991, LB 207, § 5; Laws 1992, LB 1001, § 37; Laws 1994, LB 930, § 2; R.S.1943, (1994), § 79-3407; Laws 1996, LB 900, § 42; Laws 1997, LB 346, § 2; Laws 2001, LB 797, § 7; Laws 2006, LB 1024, § 20; Laws 2009, LB62, § 3; Laws 2009, LB549, § 7.