State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1601

79-1601. Private, denominational,or parochial schools, teachers, and other individuals; laws applicable;election not to meet accreditation or approval requirements.(1) Except as provided in subsections (2) through (6) of this section,all private, denominational, and parochial schools in the State of Nebraskaand all teachers employed or giving instruction in such schools shall be subjectto and governed by the provisions of the general school laws of the stateso far as the same apply to grades, qualifications, and certification of teachersand promotion of students. All private, denominational,and parochial schools shall have adequate equipment and supplies, shall begraded the same, and shall have courses of study for each grade conductedin such schools substantially the same as those given in the public schools which the students would attendin the absence of such private, denominational, or parochial schools.(2) All private, denominational, or parochial schools shalleither comply with the accreditation or approval requirements prescribed insection 79-318 or, for those schools which elect not to meet accreditationor approval requirements, the requirements prescribed in section 79-318 andsubsections (2) through (6) of this section. Standards and procedures forapproval and accreditation shall be based upon the program of studies, guidanceservices, the number and preparation of teachers in relation to the curriculumand enrollment, instructional materials and equipment, science facilitiesand equipment, library facilities and materials, and health and safety factorsin buildings and grounds. Rules and regulations which govern standards andprocedures for private, denominational, and parochial schools which elect,pursuant to the procedures prescribed in subsections (2) through (6) of thissection, not to meet state accreditation or approval requirements shall bebased upon evidence that such schools offer a program of instruction leadingto the acquisition of basic skills in the language arts, mathematics, science,social studies, and health. Such rules and regulations may include a provisionfor the visitation of such schools and regular achievement testing of studentsattending such schools in order to insure that such schools are offering instructionin the basic skills listed in this subsection. Any arrangements for visitationor testing shall be made through a parent representative of each such school.The results of such testing may be used as evidence that such schools areoffering instruction in such basic skills but shall not be used to measure,compare, or evaluate the competency of students at such schools.(3) The provisions of subsections (3) through (6) of thissection shall apply to any private, denominational, or parochial school inthe State of Nebraska which elects not to meet state accreditation or approvalrequirements. Elections pursuant to such subsections shall be effective whena statement is received by the Commissioner of Education signed by the parentsor legal guardians of all students attending such private,denominational, or parochial school, stating that (a) either specifically(i) the requirements for approval and accreditation required by law and therules and regulations adopted and promulgated by the State Board of Educationviolate sincerely held religious beliefs of the parents or legal guardiansor (ii) the requirements for approval and accreditation required by law andthe rules and regulations adopted and promulgated by the State Board of Educationinterfere with the decisions of the parents or legal guardians in directing the student's education, (b) an authorized representativeof such parents or legal guardians will at least annually submit to the Commissionerof Education the information necessary to prove that the requirements of subdivisions(4)(a) through (c) of this section are satisfied, (c) the school offers thecourses of instruction required by subsections (2), (3), and (4) of this section,and (d) the parents or legal guardians have satisfied themselves that individualsmonitoring instruction at such school are qualified to monitor instructionin the basic skills as required by subsections (2), (3), and (4) of this sectionand that such individuals have demonstrated an alternative competency to monitorinstruction or supervise students pursuant to subsections(3) through (6) of this section.(4) Each such private, denominational, or parochial schoolshall (a) meet minimum requirements relating to health, fire, and safety standardsprescribed by state law and the rules and regulations of the State Fire Marshal,(b) report attendance pursuant to section 79-201, (c) maintain a sequentialprogram of instruction designed to lead to basic skills in the language arts,mathematics, science, social studies, and health, and (d) comply with theimmunization requirements in section 79-217 if the statement signed by theparents or legal guardians indicate a nonreligious reason pursuant to subdivision(3)(a)(ii) of this section for the student attending a private, denominational,or parochial school which elects not to meet state accreditation or approvalrequirements. The State Board of Education shall establish procedures forreceiving information and reports required by subsections (3) through (6)of this section from authorized parent representatives who may act as agentsfor parents or legal guardians of students attending such school and for individualsmonitoring instruction in the basic skills required by subsections (2), (3),and (4) of this section.(5) Individuals employed orutilized by schools which elect not to meet state accreditationor approval requirements shall not be required to meet the certification requirementsprescribed in sections 79-801 to 79-815 but shall either (a) take appropriatesubject matter components of a nationally recognized teacher competency examinationdesignated by the State Board of Education as (i) including the appropriatesubject matter areas for purposes of satisfying the requirements of subsections(3) and (4) of this section and (ii) a nationally recognized examination or(b) offer evidence of competence to provide instruction in the basic skillsrequired by subsections (3) and (4) of this section pursuant to informal methodsof evaluation which shall be developed by the State Board of Education. Suchevidence may include educational transcripts, diplomas, and other informationregarding the formal educational background of such individuals. Informationconcerning test results, transcripts, diplomas, and other evidence of formaleducation may be transmitted to the State Department of Education by authorizedrepresentatives of parents or legal guardians. The results of such testingor alternative evaluation of individuals who monitor the instruction of studentsattending such schools may be used as evidence of whether or not such schoolsare offering adequate instruction in the basic skills prescribed in subsections(2), (3), and (4) of this section but shall not be used to prohibit any suchschool from employing such individuals. Failure of a monitor, who is testedfor the purpose of satisfying in whole or in part the requirements of subsections(3) through (6) of this section, to attain a score equal to or exceeding boththe state or national average score or rating on appropriate subject mattercomponents of recognized teacher competency examinations designated by theState Board of Education may be by itself sufficient proof that such schooldoes not offer adequate instruction in the basic skills prescribed in subsections(3) and (4) of this section.(6) The demonstration of competency to monitor instructionin a private, denominational, or parochial school which has elected not tomeet state accreditation or approval requirements shall in no way constituteor be construed to grant a license, permit, or certificate to teach in theState of Nebraska. Any school which elects not to meet state accreditationor approval requirements and does not meet the requirements of subsections(2) through (6) of this section shall not be deemed a school for purposesof section 79-201, and the parents or legal guardians of any students attendingsuch school shall be subject to prosecution pursuant to such section or anystatutes relating to habitual truancy. SourceLaws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(h), p. 230; C.S.1922, § 6508f; C.S.1929, § 79-1906; R.S.1943, § 79-1913; Laws 1949, c. 256, § 506, p. 864; Laws 1984, LB 928, § 3; R.S.1943, (1994), § 79-1701; Laws 1996, LB 900, § 1004; Laws 1999, LB 268, § 1; Laws 1999, LB 813, § 55; Laws 2003, LB 685, § 25; Laws 2009, LB549, § 49. Cross ReferencesAdmission to public college or university, see section 85-607.Identification of students, home school duties, see section 43-2007.Religious beliefs, conflict with required immunizations, see section 79-221.Sales and use tax exemption, see section 77-2704.12.Student transfer, access to student files or records, see section 79-2,105. AnnotationsRequirement of minimal school standards did not infringe upon constitutional rights of parents of school children. Meyerkorth v. State, 173 Neb. 889, 115 N.W.2d 585 (1962).

State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1601

79-1601. Private, denominational,or parochial schools, teachers, and other individuals; laws applicable;election not to meet accreditation or approval requirements.(1) Except as provided in subsections (2) through (6) of this section,all private, denominational, and parochial schools in the State of Nebraskaand all teachers employed or giving instruction in such schools shall be subjectto and governed by the provisions of the general school laws of the stateso far as the same apply to grades, qualifications, and certification of teachersand promotion of students. All private, denominational,and parochial schools shall have adequate equipment and supplies, shall begraded the same, and shall have courses of study for each grade conductedin such schools substantially the same as those given in the public schools which the students would attendin the absence of such private, denominational, or parochial schools.(2) All private, denominational, or parochial schools shalleither comply with the accreditation or approval requirements prescribed insection 79-318 or, for those schools which elect not to meet accreditationor approval requirements, the requirements prescribed in section 79-318 andsubsections (2) through (6) of this section. Standards and procedures forapproval and accreditation shall be based upon the program of studies, guidanceservices, the number and preparation of teachers in relation to the curriculumand enrollment, instructional materials and equipment, science facilitiesand equipment, library facilities and materials, and health and safety factorsin buildings and grounds. Rules and regulations which govern standards andprocedures for private, denominational, and parochial schools which elect,pursuant to the procedures prescribed in subsections (2) through (6) of thissection, not to meet state accreditation or approval requirements shall bebased upon evidence that such schools offer a program of instruction leadingto the acquisition of basic skills in the language arts, mathematics, science,social studies, and health. Such rules and regulations may include a provisionfor the visitation of such schools and regular achievement testing of studentsattending such schools in order to insure that such schools are offering instructionin the basic skills listed in this subsection. Any arrangements for visitationor testing shall be made through a parent representative of each such school.The results of such testing may be used as evidence that such schools areoffering instruction in such basic skills but shall not be used to measure,compare, or evaluate the competency of students at such schools.(3) The provisions of subsections (3) through (6) of thissection shall apply to any private, denominational, or parochial school inthe State of Nebraska which elects not to meet state accreditation or approvalrequirements. Elections pursuant to such subsections shall be effective whena statement is received by the Commissioner of Education signed by the parentsor legal guardians of all students attending such private,denominational, or parochial school, stating that (a) either specifically(i) the requirements for approval and accreditation required by law and therules and regulations adopted and promulgated by the State Board of Educationviolate sincerely held religious beliefs of the parents or legal guardiansor (ii) the requirements for approval and accreditation required by law andthe rules and regulations adopted and promulgated by the State Board of Educationinterfere with the decisions of the parents or legal guardians in directing the student's education, (b) an authorized representativeof such parents or legal guardians will at least annually submit to the Commissionerof Education the information necessary to prove that the requirements of subdivisions(4)(a) through (c) of this section are satisfied, (c) the school offers thecourses of instruction required by subsections (2), (3), and (4) of this section,and (d) the parents or legal guardians have satisfied themselves that individualsmonitoring instruction at such school are qualified to monitor instructionin the basic skills as required by subsections (2), (3), and (4) of this sectionand that such individuals have demonstrated an alternative competency to monitorinstruction or supervise students pursuant to subsections(3) through (6) of this section.(4) Each such private, denominational, or parochial schoolshall (a) meet minimum requirements relating to health, fire, and safety standardsprescribed by state law and the rules and regulations of the State Fire Marshal,(b) report attendance pursuant to section 79-201, (c) maintain a sequentialprogram of instruction designed to lead to basic skills in the language arts,mathematics, science, social studies, and health, and (d) comply with theimmunization requirements in section 79-217 if the statement signed by theparents or legal guardians indicate a nonreligious reason pursuant to subdivision(3)(a)(ii) of this section for the student attending a private, denominational,or parochial school which elects not to meet state accreditation or approvalrequirements. The State Board of Education shall establish procedures forreceiving information and reports required by subsections (3) through (6)of this section from authorized parent representatives who may act as agentsfor parents or legal guardians of students attending such school and for individualsmonitoring instruction in the basic skills required by subsections (2), (3),and (4) of this section.(5) Individuals employed orutilized by schools which elect not to meet state accreditationor approval requirements shall not be required to meet the certification requirementsprescribed in sections 79-801 to 79-815 but shall either (a) take appropriatesubject matter components of a nationally recognized teacher competency examinationdesignated by the State Board of Education as (i) including the appropriatesubject matter areas for purposes of satisfying the requirements of subsections(3) and (4) of this section and (ii) a nationally recognized examination or(b) offer evidence of competence to provide instruction in the basic skillsrequired by subsections (3) and (4) of this section pursuant to informal methodsof evaluation which shall be developed by the State Board of Education. Suchevidence may include educational transcripts, diplomas, and other informationregarding the formal educational background of such individuals. Informationconcerning test results, transcripts, diplomas, and other evidence of formaleducation may be transmitted to the State Department of Education by authorizedrepresentatives of parents or legal guardians. The results of such testingor alternative evaluation of individuals who monitor the instruction of studentsattending such schools may be used as evidence of whether or not such schoolsare offering adequate instruction in the basic skills prescribed in subsections(2), (3), and (4) of this section but shall not be used to prohibit any suchschool from employing such individuals. Failure of a monitor, who is testedfor the purpose of satisfying in whole or in part the requirements of subsections(3) through (6) of this section, to attain a score equal to or exceeding boththe state or national average score or rating on appropriate subject mattercomponents of recognized teacher competency examinations designated by theState Board of Education may be by itself sufficient proof that such schooldoes not offer adequate instruction in the basic skills prescribed in subsections(3) and (4) of this section.(6) The demonstration of competency to monitor instructionin a private, denominational, or parochial school which has elected not tomeet state accreditation or approval requirements shall in no way constituteor be construed to grant a license, permit, or certificate to teach in theState of Nebraska. Any school which elects not to meet state accreditationor approval requirements and does not meet the requirements of subsections(2) through (6) of this section shall not be deemed a school for purposesof section 79-201, and the parents or legal guardians of any students attendingsuch school shall be subject to prosecution pursuant to such section or anystatutes relating to habitual truancy. SourceLaws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(h), p. 230; C.S.1922, § 6508f; C.S.1929, § 79-1906; R.S.1943, § 79-1913; Laws 1949, c. 256, § 506, p. 864; Laws 1984, LB 928, § 3; R.S.1943, (1994), § 79-1701; Laws 1996, LB 900, § 1004; Laws 1999, LB 268, § 1; Laws 1999, LB 813, § 55; Laws 2003, LB 685, § 25; Laws 2009, LB549, § 49. Cross ReferencesAdmission to public college or university, see section 85-607.Identification of students, home school duties, see section 43-2007.Religious beliefs, conflict with required immunizations, see section 79-221.Sales and use tax exemption, see section 77-2704.12.Student transfer, access to student files or records, see section 79-2,105. AnnotationsRequirement of minimal school standards did not infringe upon constitutional rights of parents of school children. Meyerkorth v. State, 173 Neb. 889, 115 N.W.2d 585 (1962).

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State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1601

79-1601. Private, denominational,or parochial schools, teachers, and other individuals; laws applicable;election not to meet accreditation or approval requirements.(1) Except as provided in subsections (2) through (6) of this section,all private, denominational, and parochial schools in the State of Nebraskaand all teachers employed or giving instruction in such schools shall be subjectto and governed by the provisions of the general school laws of the stateso far as the same apply to grades, qualifications, and certification of teachersand promotion of students. All private, denominational,and parochial schools shall have adequate equipment and supplies, shall begraded the same, and shall have courses of study for each grade conductedin such schools substantially the same as those given in the public schools which the students would attendin the absence of such private, denominational, or parochial schools.(2) All private, denominational, or parochial schools shalleither comply with the accreditation or approval requirements prescribed insection 79-318 or, for those schools which elect not to meet accreditationor approval requirements, the requirements prescribed in section 79-318 andsubsections (2) through (6) of this section. Standards and procedures forapproval and accreditation shall be based upon the program of studies, guidanceservices, the number and preparation of teachers in relation to the curriculumand enrollment, instructional materials and equipment, science facilitiesand equipment, library facilities and materials, and health and safety factorsin buildings and grounds. Rules and regulations which govern standards andprocedures for private, denominational, and parochial schools which elect,pursuant to the procedures prescribed in subsections (2) through (6) of thissection, not to meet state accreditation or approval requirements shall bebased upon evidence that such schools offer a program of instruction leadingto the acquisition of basic skills in the language arts, mathematics, science,social studies, and health. Such rules and regulations may include a provisionfor the visitation of such schools and regular achievement testing of studentsattending such schools in order to insure that such schools are offering instructionin the basic skills listed in this subsection. Any arrangements for visitationor testing shall be made through a parent representative of each such school.The results of such testing may be used as evidence that such schools areoffering instruction in such basic skills but shall not be used to measure,compare, or evaluate the competency of students at such schools.(3) The provisions of subsections (3) through (6) of thissection shall apply to any private, denominational, or parochial school inthe State of Nebraska which elects not to meet state accreditation or approvalrequirements. Elections pursuant to such subsections shall be effective whena statement is received by the Commissioner of Education signed by the parentsor legal guardians of all students attending such private,denominational, or parochial school, stating that (a) either specifically(i) the requirements for approval and accreditation required by law and therules and regulations adopted and promulgated by the State Board of Educationviolate sincerely held religious beliefs of the parents or legal guardiansor (ii) the requirements for approval and accreditation required by law andthe rules and regulations adopted and promulgated by the State Board of Educationinterfere with the decisions of the parents or legal guardians in directing the student's education, (b) an authorized representativeof such parents or legal guardians will at least annually submit to the Commissionerof Education the information necessary to prove that the requirements of subdivisions(4)(a) through (c) of this section are satisfied, (c) the school offers thecourses of instruction required by subsections (2), (3), and (4) of this section,and (d) the parents or legal guardians have satisfied themselves that individualsmonitoring instruction at such school are qualified to monitor instructionin the basic skills as required by subsections (2), (3), and (4) of this sectionand that such individuals have demonstrated an alternative competency to monitorinstruction or supervise students pursuant to subsections(3) through (6) of this section.(4) Each such private, denominational, or parochial schoolshall (a) meet minimum requirements relating to health, fire, and safety standardsprescribed by state law and the rules and regulations of the State Fire Marshal,(b) report attendance pursuant to section 79-201, (c) maintain a sequentialprogram of instruction designed to lead to basic skills in the language arts,mathematics, science, social studies, and health, and (d) comply with theimmunization requirements in section 79-217 if the statement signed by theparents or legal guardians indicate a nonreligious reason pursuant to subdivision(3)(a)(ii) of this section for the student attending a private, denominational,or parochial school which elects not to meet state accreditation or approvalrequirements. The State Board of Education shall establish procedures forreceiving information and reports required by subsections (3) through (6)of this section from authorized parent representatives who may act as agentsfor parents or legal guardians of students attending such school and for individualsmonitoring instruction in the basic skills required by subsections (2), (3),and (4) of this section.(5) Individuals employed orutilized by schools which elect not to meet state accreditationor approval requirements shall not be required to meet the certification requirementsprescribed in sections 79-801 to 79-815 but shall either (a) take appropriatesubject matter components of a nationally recognized teacher competency examinationdesignated by the State Board of Education as (i) including the appropriatesubject matter areas for purposes of satisfying the requirements of subsections(3) and (4) of this section and (ii) a nationally recognized examination or(b) offer evidence of competence to provide instruction in the basic skillsrequired by subsections (3) and (4) of this section pursuant to informal methodsof evaluation which shall be developed by the State Board of Education. Suchevidence may include educational transcripts, diplomas, and other informationregarding the formal educational background of such individuals. Informationconcerning test results, transcripts, diplomas, and other evidence of formaleducation may be transmitted to the State Department of Education by authorizedrepresentatives of parents or legal guardians. The results of such testingor alternative evaluation of individuals who monitor the instruction of studentsattending such schools may be used as evidence of whether or not such schoolsare offering adequate instruction in the basic skills prescribed in subsections(2), (3), and (4) of this section but shall not be used to prohibit any suchschool from employing such individuals. Failure of a monitor, who is testedfor the purpose of satisfying in whole or in part the requirements of subsections(3) through (6) of this section, to attain a score equal to or exceeding boththe state or national average score or rating on appropriate subject mattercomponents of recognized teacher competency examinations designated by theState Board of Education may be by itself sufficient proof that such schooldoes not offer adequate instruction in the basic skills prescribed in subsections(3) and (4) of this section.(6) The demonstration of competency to monitor instructionin a private, denominational, or parochial school which has elected not tomeet state accreditation or approval requirements shall in no way constituteor be construed to grant a license, permit, or certificate to teach in theState of Nebraska. Any school which elects not to meet state accreditationor approval requirements and does not meet the requirements of subsections(2) through (6) of this section shall not be deemed a school for purposesof section 79-201, and the parents or legal guardians of any students attendingsuch school shall be subject to prosecution pursuant to such section or anystatutes relating to habitual truancy. SourceLaws 1919, c. 155, § 1, p. 346; Laws 1921, c. 53, § 1(h), p. 230; C.S.1922, § 6508f; C.S.1929, § 79-1906; R.S.1943, § 79-1913; Laws 1949, c. 256, § 506, p. 864; Laws 1984, LB 928, § 3; R.S.1943, (1994), § 79-1701; Laws 1996, LB 900, § 1004; Laws 1999, LB 268, § 1; Laws 1999, LB 813, § 55; Laws 2003, LB 685, § 25; Laws 2009, LB549, § 49. Cross ReferencesAdmission to public college or university, see section 85-607.Identification of students, home school duties, see section 43-2007.Religious beliefs, conflict with required immunizations, see section 79-221.Sales and use tax exemption, see section 77-2704.12.Student transfer, access to student files or records, see section 79-2,105. AnnotationsRequirement of minimal school standards did not infringe upon constitutional rights of parents of school children. Meyerkorth v. State, 173 Neb. 889, 115 N.W.2d 585 (1962).

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