15-825

15-825. Certificate of educational convenience;
issuance; effect on enrollment records

A. A pupil who is precluded by distance or lack of adequate transportation
facilities from attending a school in the school district or county of the pupil's
residence or who resides in unorganized territory may apply to the county school
superintendent for a certificate of educational convenience. If it appears to the county
school superintendent that it is not feasible for the pupil to attend a school in the
school district or county of residence, the county school superintendent shall issue a
certificate authorizing the pupil to attend a school in an adjoining school district or
county, whether within or without this state. If a certificate of educational convenience
is issued as provided in this subsection, the school enrollment of a pupil is as follows:

1. The school enrollment of a pupil who is precluded from attending a school in
this state and who must attend school in another state, when certified to the county
school superintendent by the official in charge of the school attended, is deemed for the
purpose of determining student count to be enrollment in the school of the county or
school district of the student's residence.

2. The school enrollment of a pupil from unorganized territory or from another
school district is deemed for the purpose of determining student count to be enrollment
in the school district of actual attendance.

B. The county school superintendent of any county in which a pupil is placed as
described in this subsection shall issue a certificate of educational convenience for the
pupil to attend school in the school district or adjoining school district to that in
which the pupil is placed by an agency of this state or a state or federal court of
competent jurisdiction in one of the following:

1. A state rehabilitation or corrective institution.

2. A foster home or child care agency or institution which is licensed and
supervised by the department of economic security or the department of health services.

3. A residential facility operated or supported by the department of economic
security or the department of health services.

4. Under the supervision of the department of juvenile corrections in a residence
pursuant to the interstate compact on juveniles. Notwithstanding section 41-1959, the
placing agency, department or institution shall provide the school district of attendance
with the necessary information to enable the district to obtain a certificate of
educational convenience pursuant to this subsection.

C. A pupil attending school under a certificate of educational convenience issued
pursuant to subsection B of this section is deemed for the purpose of determining student
count to be enrolled in the school district of attendance. The county school
superintendent of any county shall not issue a certificate of educational convenience as
provided in subsection B of this section if the pupil is placed in the same district of
the pupil's parents' or legal guardians' residence or if the pupil is placed without a
court order and the pupil's parents or legal guardians are not residents of this state.

D. If a certificate of educational convenience is issued as provided in subsection
B of this section, or for a pupil whose parent or guardian is employed and domiciled by a
state institution as prescribed by section 15-976, tuition may be charged as follows:

1. For group B children with disabilities:

(a) Who are from unorganized territory, whose parent or guardian is employed by a
state institution as prescribed by section 15-976 or who have been issued a certificate
of educational convenience pursuant to subsection B of this section, the superintendent
of public instruction shall reimburse the district of attendance for the excess costs as
provided in section 15-824, subsection E, paragraph 4.

(b) Who are from another school district, the school district of residence shall
reimburse the district of attendance for the excess costs as provided in section 15-824,
subsection E, paragraph 4.

2. For pupils who are precluded from attending a school in this state and who must
attend a school in another state:

(a) If the pupil resides in a school district in this state, the district of
residence shall pay the amount charged by the district of attendance.

(b) If the pupil resides in unorganized territory, the superintendent of public
instruction shall pay the amount charged by the district of attendance.

E. The county school superintendent who issues a certificate of educational
convenience shall notify the superintendent of public instruction of the issuance of the
certificate. The superintendent of public instruction shall draw a warrant in favor of
the school district of actual attendance for the amount charged, whether for common or
high school attendance, as provided in section 15-824.

F. The total amount of state monies that may be spent in any fiscal year by the
superintendent of public instruction for certificates of educational convenience shall
not exceed the amount appropriated or authorized by section 35-173 for that
purpose. This section shall not be construed to impose a duty on an officer, agent or
employee of this state to discharge a responsibility or to create any right in a person
or group if the discharge or right would require an expenditure of state monies in excess
of the expenditure authorized by legislative appropriation for that specific purpose.