reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-220 - Child; physical examination; visual evaluation; immunization; right of refusal.

79-220.
Child; physical examination; visual evaluation; immunization; right of refusal.
At the time the parent or guardian of any child is notified that such child must have a physical examination and a visual evaluation pursuant to section 79-214 or immunizations pursuant to section 79-217, the parent or guardian shall also be notified in writing of (1) his or her right to submit a written statement refusing a physical examination, a visual evaluation, or immunization for his or her child and (2) a telephone number or other contact information to assist the parent or guardian in receiving information regarding free or reduced-cost visual evaluations for low-income families who qualify.
Source
Laws 1979, LB 59, § 4;
R.S.1943, (1994), § 79-444.04;
Laws 1996, LB 900, § 24;
Laws 2005, LB 114, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-221 - Immunization; when not required.

79-221.
Immunization; when not required.
Immunization shall not be required for a student's enrollment in any school in this state if he or she submits to the admitting official either of the following:
(1) A statement signed by a physician, a physician assistant, or an advanced practice registered nurse practicing under and in accordance with his or her respective certification act, stating that, in the health care provider's opinion, the immunizations required would be injurious to the health and well-being of the student or any member of the student's family or household; or
(2) An affidavit signed by the student or, if he or she is a minor, by a legally authorized representative of the student, stating that the immunization conflicts with the tenets and practice of a recognized religious denomination of which the student is an adherent or member or that immunization conflicts with the personal and sincerely followed religious beliefs of the student.
Source
Laws 1993, LB 536, § 110;
Laws 1995, LB 214, § 2;
R.S.Supp.,1995, § 79-444.06;
Laws 1996, LB 900, § 25;
Laws 2000, LB 1115, § 88;
Laws 2005, LB 256, § 97.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-222 - Immunizations; provisional enrollment; conditions.

79-222.
Immunizations; provisional enrollment; conditions.
(1) A student may be provisionally enrolled in a school in Nebraska if he or she meets either of the following qualifications:
(a) The student has begun the immunizations required under section 79-217 and is receiving the necessary immunizations as rapidly as is medically feasible; or
(b) The student is the child or legal ward of an officer or enlisted person on active duty in any branch of the military services of the United States or of his or her spouse, enrolling in a Nebraska school following residence in another state or in a foreign country.
(2) As a condition for the provisional enrollment of a student qualified for such enrollment under subdivision (1)(b) of this section, a parent or adult legal guardian of the student shall provide the school with a signed written statement certifying that the student has completed the course of immunizations required by section 79-217.
(3) The provisional enrollment of a student qualified for such enrollment under subdivision (1)(b) of this section shall not continue beyond sixty days from the date of such enrollment. At such time the school shall be provided, with regard to the student, written evidence of compliance with section 79-217. The student shall not be permitted to continue in school until such evidence of compliance is provided.
Source
Laws 1993, LB 536, § 111;
Laws 1994, LB 1223, § 130;
R.S.1943, (1994), § 79-444.07;
Laws 1996, LB 900, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-223 - Violations; penalty.

79-223.
Violations; penalty.
Any person violating the provisions of section 79-214, 79-217, 79-219, or 79-220 shall be guilty of a Class V misdemeanor.
Source
Laws 1979, LB 59, § 5;
R.S.1943, (1994), § 79-444.05;
Laws 1996, LB 900, § 27.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-232 - Legislative findings.

79-232.
Legislative findings.
The Legislature finds and declares that parents and legal guardians have the primary responsibility of ensuring that their children receive the best education possible. In recognition of this responsibility, the Legislature intends to provide educational options for parents and legal guardians, when deciding what public school or public school district is best for their children, by allowing them to consider the following factors, including, but not limited to:
(1) The size of the schools and school districts in the area;
(2) The distance children have to travel and the ease and availability of transportation;
(3) The course offerings and extracurricular offerings of the schools and school districts in the area;
(4) The quantity and quality of the staff at such schools and school districts; and
(5) The performance of the school district on any indicators of performance established by the State Department of Education.
Source
Laws 1989, LB 183, § 1;
Laws 1994, LB 930, § 1;
R.S.1943, (1994), § 79-3401;
Laws 1996, LB 900, § 36;
Laws 2006, LB 1024, § 17.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-233 - Terms, defined.

79-233.
Terms, defined.
For purposes of sections 79-232 to 79-246:
(1) Enrollment option program means the program established in section 79-234;
(2) Option school district means the public school district that an option student chooses to attend instead of his or her resident school district;
(3) Option student means a student that has chosen to attend an option school district, including an open enrollment option student or a student who resides in a learning community and began attendance as an option student in an option school district in such learning community prior to the end of the first full school year for which the option school district will be a member of such learning community, but, for school years prior to school year 2017-18, not including a student who resides in a learning community and who attends pursuant to section 79-2110 another school district in such learning community;
(4) Open enrollment option student means a student who resides in a school district that is a member of a learning community, attended a school building in another school district in such learning community as an open enrollment student pursuant to section 79-2110, and attends such school building as an option student pursuant to section 79-235.01;
(5) Resident school district means the public school district in which a student resides or the school district in which the student is admitted as a resident of the school district pursuant to section 79-215; and
(6) Siblings means all children residing in the same household on a permanent basis who have the same mother or father or who are stepbrother or stepsister to each other.
Source
Laws 1989, LB 183, § 2;
Laws 1990, LB 843, § 3;
Laws 1992, LB 1001, § 36;
R.S.1943, (1994), § 79-3402;
Laws 1996, LB 900, § 37;
Laws 1997, LB 347, § 4;
Laws 2006, LB 1024, § 18;
Laws 2008, LB988, § 3;
Laws 2009, LB62, § 1;
Laws 2009, LB549, § 4;
Laws 2016, LB1067, § 12.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-234 - Enrollment option program; established; limitations.

79-234.
Enrollment option program; established; limitations.
(1) An enrollment option program is hereby established to enable any kindergarten through twelfth grade Nebraska student to attend a school in a Nebraska public school district in which the student does not reside subject to the limitations prescribed in section 79-238. The option shall be available only once to each student prior to graduation, except that the option does not count toward such limitation if such option meets, or met at the time of the option, one of the following criteria: (a) The student relocates to a different resident school district, (b) the option school district merges with another district, (c) the student will have completed either the grades offered in the school building originally attended in the option school district or the grades immediately preceding the lowest grade offered in the school building for which a new option is sought, (d) the option would allow the student to continue current enrollment in a school district, (e) the option would allow the student to enroll in a school district in which the student was previously enrolled as a student, or (f) the student is an open enrollment option student. Sections 79-232 to 79-246 do not relieve a parent or guardian from the compulsory attendance requirements in section 79-201.
(2) The program shall not apply to any student who resides in a district which has entered into an annexation agreement pursuant to section 79-473, except that such student may transfer to another district which accepts option students.
Source
Laws 1989, LB 183, § 3;
Laws 1990, LB 843, § 4;
Laws 1991, LB 207, § 3;
Laws 1993, LB 348, § 64;
R.S.1943, (1994), § 79-3403;
Laws 1996, LB 900, § 38;
Laws 2008, LB1154, § 7;
Laws 2009, LB549, § 5;
Laws 2013, LB410, § 3;
Laws 2016, LB1066, § 2;
Laws 2016, LB1067, § 13;
Laws 2018, LB377, § 13.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-235 - Option students; treatment; building assignment.

79-235.
Option students; treatment; building assignment.
For purposes of all duties, entitlements, and rights established by law, including special education as provided in section 79-1127, except as provided in section 79-241 and, for open enrollment option students, except as provided in section 79-235.01, option students shall be treated as resident students of the option school district. The option student may request a particular school building, but the building assignment of the option student shall be determined by the option school district except as provided in section 79-235.01 for open enrollment option students and in subsection (3) of section 79-2110 for students attending a focus school, focus program, or magnet school. In determining eligibility for extracurricular activities as defined in section 79-2,126, the option student shall be treated similarly to other students who transfer into the school from another public, private, denominational, or parochial school.
Source
Laws 1989, LB 183, § 4;
Laws 1990, LB 843, § 5;
R.S.1943, (1994), § 79-3404;
Laws 1996, LB 900, § 39;
Laws 1996, LB 1050, § 8;
Laws 2003, LB 249, § 1;
Laws 2016, LB1067, § 14.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-235.01 - Open enrollment option student; continued attendance; attendance at another school building; application.

79-235.01.
Open enrollment option student; continued attendance; attendance at another school building; application.
Each student attending a school building outside of the resident school district as an open enrollment student pursuant to section 79-2110 for any part of school year 2016-17 shall be automatically approved as an open enrollment option student beginning with school year 2017-18 and allowed to continue attending such school building as an option student without submitting an additional application unless the student has completed the grades offered in such school building or has been expelled and is disqualified pursuant to section 79-266.01. Except as provided in subsection (3) of section 79-2110 for students attending a focus school, focus program, or magnet school, approval as an open enrollment option student pursuant to this section does not permit the student to attend another school building within the option school district unless an application meeting the requirements prescribed in section 79-237 is approved by the school board of the option school district. Upon approval of an application meeting the requirements prescribed in section 79-237, a student previously enrolled as an open enrollment student in the option school district shall be treated as an option student of the option school district without regard to his or her former status as an open enrollment student. Except as otherwise provided in this section and sections 79-234, 79-235, 79-237, and 79-238 and subsection (3) of section 79-2110, open enrollment option students shall be treated as option students of the option school district.
Source
Laws 2016, LB1067, § 15.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-236 - Program; implementation.

79-236.
Program; implementation.
Beginning with the 1993-94 school year, the enrollment option program shall be implemented by all public school districts.
Source
Laws 1989, LB 183, § 5;
Laws 1990, LB 843, § 6;
Laws 1991, LB 207, § 4;
Laws 1993, LB 348, § 65;
R.S.1943, (1994), § 79-3405;
Laws 1996, LB 900, § 40.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-239 - Application; request for release; rejection; notice; appeal; school district; State Department of Education; duties.

79-239.
Application; request for release; rejection; notice; appeal; school district; State Department of Education; duties.
(1) If an application is rejected by the option school district or if the resident school district rejects a request for release under subsection (1) of section 79-237, the rejecting school district shall provide written notification to the parent or guardian stating (a) the specific reasons for the rejection including, for students with an individualized education program under the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., or with a diagnosed disability as defined in section 79-1118.01, a description of services and accommodations required that the school district does not have the capacity to provide, and (b) the process for appealing such rejection to the State Board of Education. Such notification shall be sent by certified mail.
(2) The parent or legal guardian may appeal a rejection to the State Board of Education by filing a written request, together with a copy of the rejection notice, with the State Board of Education. Such request and copy of the notice must be received by the board within thirty days after the date the notification of the rejection was received by the parent or legal guardian. Such hearing shall be held in accordance with the Administrative Procedure Act and shall determine whether the procedures of sections 79-234 to 79-241 have been followed.
(3)(a) Beginning July 1, 2024, and on or before July 1 of each year thereafter, each school district shall provide to the State Department of Education, on forms prescribed by the department, information relating to all applications rejected by the option school district. Such information shall include, but not be limited to, (a) the number of applications rejected in each public school in such district, (b) an explanation why each application was rejected, (c) whether each application for option enrollment indicated that the student had an individualized education program under the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., or had been diagnosed with a disability as defined in section 79-1118.01, and (d) whether information regarding the requirements of subsection (4) of section 79-238 was provided to the applicant.
(b) The State Department of Education shall annually compile the information received pursuant to this subsection and provide a report on such information electronically to the Legislature beginning on September 1, 2024, and on or before September 1 of each year thereafter. The State Board of Education may adopt and promulgate rules and regulations to carry out this subsection.
Source
Laws 1989, LB 183, § 8;
Laws 1992, LB 1001, § 38;
Laws 1993, LB 348, § 67;
R.S.1943, (1994), § 79-3408;
Laws 1996, LB 900, § 43;
Laws 2009, LB549, § 8;
Laws 2023, LB705, § 56.
Operative Date: September 2, 2023
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-240 - Relocation; automatic acceptance; deadlines waived.

79-240.
Relocation; automatic acceptance; deadlines waived.
(1) The application of a student who relocates in a different school district but wants to continue attending his or her original resident school district and who has been enrolled in his or her original resident school district for the immediately preceding two years shall be automatically accepted, and the deadlines prescribed in section 79-237 shall be waived.
(2) The application of an option student who relocates in a different school district but wants to continue attending the option school district shall be automatically accepted, and the deadlines prescribed in section 79-237 shall be waived.
Source
Laws 1989, LB 183, § 9;
Laws 1990, LB 843, § 9;
Laws 1991, LB 207, § 6;
Laws 1992, LB 1001, § 39;
Laws 1993, LB 348, § 68;
R.S.1943, (1994), § 79-3409;
Laws 1996, LB 900, § 44;
Laws 1996, LB 1050, § 9;
Laws 2009, LB549, § 9.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-241 - Transportation; fee authorized; reimbursement; when; free transportation; when.

79-241.
Transportation; fee authorized; reimbursement; when; free transportation; when.
(1) Except as otherwise provided in this section, section 79-611 does not apply to the transportation of an option student. The parent or legal guardian of the option student shall be responsible for required transportation. A school district may, upon mutual agreement with the parent or legal guardian of an option student, provide transportation to the option student on the same basis as provided for resident students. The school district may charge the parents of each option student transported a fee sufficient to recover the additional costs of such transportation.
(2) Option students who qualify for free lunches shall be eligible for either free transportation or transportation reimbursement as described in section 79-611 from the option school district pursuant to policies established by the school district in compliance with this section, except that they shall be reimbursed at the rate of one hundred forty-two and one-half percent of the mandatorily established mileage rate provided in section 81-1176 for each mile actually and necessarily traveled on each day of attendance by which the distance traveled one way from the residence of such student to the schoolhouse exceeds three miles.
(3) For open enrollment option students who received free transportation for school year 2016-17 pursuant to subsection (2) of section 79-611, the school board of the option school district shall continue to provide free transportation for the duration of the student’s status as an open enrollment option student or for the duration of the student’s enrollment in a pathway pursuant to subsection (3) of section 79-2110 unless the student relocates to a school district that would have prevented the student from qualifying for free transportation for the 2016-17 school year pursuant to subsection (2) of section 79-611.
(4) For option students verified as having a disability as defined in section 79-1118.01, the transportation services set forth in section 79-1129 shall be provided by the resident school district. The State Department of Education shall reimburse the resident school district for the cost of transportation in accordance with section 79-1144.
Source
Laws 1989, LB 183, § 10;
Laws 1990, LB 843, § 10;
Laws 1991, LB 207, § 7;
Laws 1992, LB 1001, § 40;
Laws 1993, LB 838, § 2;
Laws 1993, LB 348, § 69;
R.S.1943, (1994), § 79-3410;
Laws 1996, LB 900, § 45;
Laws 1997, LB 346, § 3;
Laws 1998, Spec. Sess., LB 1, § 8;
Laws 2013, LB410, § 5;
Laws 2016, LB1067, § 18.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-242 - Graduation credits; award of diploma.

79-242.
Graduation credits; award of diploma.
An option school district shall accept credits toward graduation that were awarded by another school district. The option school district shall award a diploma to an option student if the student meets its graduation requirements.
Source
Laws 1989, LB 183, § 12;
R.S.1943, (1994), § 79-3412;
Laws 1996, LB 900, § 46.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-243 - School district; provide information.

79-243.
School district; provide information.
A school district shall make information about the school district and its schools, programs, policies, and procedures available to all interested people.
Source
Laws 1989, LB 183, § 13;
R.S.1943, (1994), § 79-3413;
Laws 1996, LB 900, § 47.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-244 - Program; effect on contracting.

79-244.
Program; effect on contracting.
The enrollment option program does not preclude a school district from contracting with other school districts, educational service units, or other state-approved entities for the provision of services.
Source
Laws 1989, LB 183, § 14;
Laws 1990, LB 843, § 11;
R.S.1943, (1994), § 79-3414;
Laws 1996, LB 900, § 48;
Laws 1997, LB 346, § 4;
Laws 2023, LB705, § 57.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-245 - Tax Equity and Educational Opportunities Support Act; applicability.

79-245.
Tax Equity and Educational Opportunities Support Act; applicability.
The Tax Equity and Educational Opportunities Support Act shall apply to the enrollment option program as provided in this section. For purposes of the act, option students shall not be counted as formula students by the resident school district and shall be counted as formula students by the option school district.
Source
Laws 1989, LB 183, § 15;
Laws 1990, LB 843, § 12;
Laws 1991, LB 511, § 69;
Laws 1992, LB 245, § 74;
R.S.1943, (1994), § 79-3415;
Laws 1996, LB 900, § 49;
Laws 1997, LB 346, § 5;
Laws 1997, LB 347, § 5;
Laws 1998, Spec. Sess., LB 1, § 9;
Laws 2016, LB1067, § 19.
Cross References
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-246 - Special education programs; reimbursement to option school district.

79-246.
Special education programs; reimbursement to option school district.
The State Department of Education shall reimburse each option school district for special education programs provided to option students in accordance with section 79-1142.
The resident school district of an option student shall be exempted from the payment responsibility set forth in section 79-1140.
For purposes of calculation to determine reimbursement pursuant to section 79-1142, the option school district shall include the adjusted average per pupil cost as defined in section 79-1114 of the option school district and not the amount received pursuant to section 79-245.
Source
Laws 1989, LB 183, § 16;
Laws 1990, LB 843, § 13;
R.S.1943, (1994), § 79-3416;
Laws 1996, LB 900, § 50.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-248 - Pupils; health inspections; notice of defects; contagious or infectious disease; duty of school district.

79-248.
Pupils; health inspections; notice of defects; contagious or infectious disease; duty of school district.
Every school district shall cause children under its jurisdiction to be separately and carefully inspected, except as otherwise provided in this section, to ascertain if a child is suffering from (1) defective sight or hearing, (2) dental defects, or (3) other conditions as prescribed by the Department of Health and Human Services. Such inspections shall be conducted on a schedule prescribed by the department and shall be based on current medical and public health practice. If such inspection determines that any child has such condition, the school shall notify the parent of the child in writing of such condition and explain to such parent the necessity of professional attendance for such child. Whenever a child apparently shows symptoms of any contagious or infectious disease, such child shall be sent home immediately or as soon as safe and proper conveyance can be found and the proper school authority, school board, or board of education shall be at once notified. Such student may be excluded from school as provided in section 79-264. A child shall not be required to submit to an inspection required by this section if his or her parent or guardian provides school authorities with a statement signed by a physician, a physician assistant, or an advanced practice registered nurse practicing under and in accordance with his or her respective credentialing act or other qualified provider as identified by the department in rules and regulations adopted pursuant to section 79-249, stating that such child has undergone such required inspection within the past six months. A child shall submit to any required inspection for which such a statement is not received.
Source
Laws 1919, c. 241, § 1, p. 1004;
C.S.1922, § 6536;
Laws 1923, c. 55, § 1, p. 176;
C.S.1929, § 79-2113;
R.S.1943, § 79-2122;
Laws 1949, c. 256, § 171, p. 748;
Laws 1967, c. 538, § 1, p. 1778;
R.S.1943, (1994), § 79-4,133;
Laws 1996, LB 900, § 52;
Laws 1996, LB 1044, § 815;
Laws 2007, LB296, § 710;
Laws 2010, LB713, § 1.
Cross References
Immunization requirements, see sections 79-217 to 79-223.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-249 - Pupils; health inspections; rules; duties of Department of Health and Human Services; compliance with Medication Aide Act; when.

79-249.
Pupils; health inspections; rules; duties of Department of Health and Human Services; compliance with Medication Aide Act; when.
The Department of Health and Human Services shall adopt and promulgate rules and regulations for conducting school health inspections, the qualifications of the person or persons authorized to make such inspections, and the health conditions to be observed and remedied and shall furnish to school authorities the rules and regulations and other useful materials for carrying out the purposes of sections 79-248 to 79-253. The department may make available to schools methods for the gathering, analysis, and sharing of school health data that do not violate any privacy laws.
On and after July 1, 1999, no staff member of any school shall administer medication unless the school complies with the applicable requirements of the Medication Aide Act. Notwithstanding any other provision, nothing in the act shall be construed to require any school to employ or use a school nurse or medication aide in order to be in compliance with the act.
Source
Laws 1919, c. 241, § 2, p. 1004;
C.S.1922, § 6537;
C.S.1929, § 79-2114;
R.S.1943, § 79-2123;
Laws 1949, c. 256, § 172, p. 749;
Laws 1967, c. 538, § 2, p. 1778;
R.S.1943, (1994), § 79-4,134;
Laws 1996, LB 900, § 53;
Laws 1996, LB 1044, § 816;
Laws 1998, LB 1354, § 43;
Laws 2007, LB296, § 711;
Laws 2010, LB713, § 2.
Cross References
Medication Aide Act, see section 71-6718.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-250 - Pupils; health inspections; when required.

79-250.
Pupils; health inspections; when required.
During each school year the school district shall provide the inspections required by section 79-248 for the children then in attendance. As children enter school during the year, such inspections shall be confirmed upon their entrance.
Source
Laws 1919, c. 241, § 3, p. 1004;
C.S.1922, § 6538;
C.S.1929, § 79-2115;
R.S.1943, § 79-2124;
Laws 1949, c. 256, § 173, p. 749;
Laws 1967, c. 538, § 3, p. 1778;
R.S.1943, (1994), § 79-4,135;
Laws 1996, LB 900, § 54;
Laws 2010, LB713, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-251 - Pupils; health inspections; duty of school board.

79-251.
Pupils; health inspections; duty of school board.
The boards of education and school boards of the school districts of the state shall enforce the provisions of sections 79-248 to 79-253.
Source
Laws 1919, c. 241, § 4, p. 1004;
C.S.1922, § 6539;
C.S.1929, § 79-2116;
R.S.1943, § 79-2125;
Laws 1949, c. 256, § 174, p. 749;
R.S.1943, (1994), § 79-4,136;
Laws 1996, LB 900, § 55.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-252 - Pupils; health inspections; employment of physicians authorized.

79-252.
Pupils; health inspections; employment of physicians authorized.
In lieu of conducting the inspections required by section 79-248, the board of education or school board of any school district may employ regularly licensed physicians to make such inspections.
Source
Laws 1919, c. 241, § 5, p. 1005;
C.S.1922, § 6540;
C.S.1929, § 79-2117;
R.S.1943, § 79-2126;
Laws 1949, c. 256, § 175, p. 749;
Laws 1967, c. 538, § 4, p. 1779;
R.S.1943, (1994), § 79-4,137;
Laws 1996, LB 900, § 56;
Laws 2010, LB713, § 4.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-253 - Pupils; health inspections; violation; penalty.

79-253.
Pupils; health inspections; violation; penalty.
Any person violating any of the provisions of sections 79-248 to 79-252 shall be guilty of a Class V misdemeanor.
Source
Laws 1919, c. 241, § 6, p. 1005;
C.S.1922, § 6541;
C.S.1929, § 79-2118;
R.S.1943, § 79-2127;
Laws 1949, c. 256, § 176, p. 749;
Laws 1977, LB 39, § 253;
R.S.1943, (1994), § 79-4,138;
Laws 1996, LB 900, § 57.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-254 - Act, how cited.

79-254.
Act, how cited.
Sections 79-254 to 79-294 shall be known and may be cited as the Student Discipline Act.
Source
Laws 1994, LB 1250, § 6;
Laws 1995, LB 658, § 1;
R.S.Supp.,1995, § 79-4,169;
Laws 1996, LB 900, § 58;
Laws 1999, LB 195, § 1;
Laws 2023, LB705, § 58.
Operative Date: July 1, 2023
Cross References
Gun-free school zones, see section 28-1204.04.
Membership in secret school organization, grounds for denial of school privileges, see section 79-2,101 et seq.
Annotations
School officials' statutory authority to conduct searches of students is implied by the Student Discipline Act. J.P. v. Millard Public Schools, 285 Neb. 890, 830 N.W.2d 453 (2013).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-255 - Act; purpose.

79-255.
Act; purpose.
The purpose of the Student Discipline Act is to assure the protection of all elementary and secondary school students' constitutional right to due process and fundamental fairness within the context of an orderly and effective educational process. The sanctions defined in the act shall be interpreted at all times in the light of the principles of free speech and assembly protected under the Constitution of Nebraska and the United States Constitution and in recognition of the right of every student to public education.
Source
Laws 1976, LB 503, § 1;
Laws 1994, LB 1250, § 7;
R.S.1943, (1994), § 79-4,170;
Laws 1996, LB 900, § 59.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-256 - Terms, defined.

79-256.
Terms, defined.
For purposes of the Student Discipline Act, unless the context otherwise requires:
(1) Long-term suspension means the exclusion of a student from attendance in all schools within the system for a period exceeding five school days but less than twenty school days;
(2) Expulsion means exclusion from attendance in all schools within the system in accordance with section 79-283;
(3) Mandatory reassignment means the involuntary transfer of a student to another school; and
(4) Short-term suspension means the exclusion of a student from attendance in all schools within the system for a period not to exceed five school days.
Source
Laws 1976, LB 503, § 10;
Laws 1994, LB 1250, § 15;
R.S.1943, (1994), § 79-4,179;
Laws 1996, LB 900, § 60;
Laws 1997, LB 232, § 1;
Laws 2023, LB705, § 62.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-257 - School board or board of education; emergency disciplinary actions; authorized.

79-257.
School board or board of education; emergency disciplinary actions; authorized.
The school board or board of education may authorize the emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment of any pupil from school for conduct prohibited by the board's rules or standards established pursuant to the Student Discipline Act if such emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment complies with the procedures required by the act.
Source
Laws 1976, LB 503, § 2;
Laws 1994, LB 1250, § 8;
R.S.1943, (1994), § 79-4,171;
Laws 1996, LB 900, § 61.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-258 - Administrative and teaching personnel; authorized actions.

79-258.
Administrative and teaching personnel; authorized actions.
Administrative and teaching personnel may take actions regarding student behavior, other than those specifically provided in the Student Discipline Act, which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, referral to restorative justice practices or services, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation.
Source
Laws 1976, LB 503, § 3;
Laws 1994, LB 1250, § 9;
R.S.1943, (1994), § 79-4,172;
Laws 1996, LB 900, § 62;
Laws 2019, LB595, § 40.
Annotations
This section provides authority for school teachers and administrators to use physical contact short of corporal punishment to the degree necessary to preserve order and control in the school environment, and authorizes an acceptable level of incidental physical contact, as is necessary for teachers to promote personal interaction with their students. Daily v. Board of Ed. of Morrill Cty. School Dist. No. 62-0063, 256 Neb. 73, 588 N.W.2d 813 (1999).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-259 - Student suspension, expulsion, or exclusion; not a violation of compulsory attendance; compliance with other laws required.

79-259.
Student suspension, expulsion, or exclusion; not a violation of compulsory attendance; compliance with other laws required.
If a student is suspended, expelled, or excluded from school or from any educational function pursuant to the Student Discipline Act, such absence from school shall not be deemed a violation on the part of any person under any compulsory school attendance statutes. Any suspension or expulsion under the act shall comply with the requirements of the Special Education Act and the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq.
Source
Laws 1976, LB 503, § 4;
Laws 1994, LB 1250, § 10;
R.S.1943, (1994), § 79-4,173;
Laws 1996, LB 900, § 63.
Cross References
Compulsory attendance, see sections 79-201 to 79-210.
Special Education Act, see section 79-1110.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-260 - Notice; when given.

79-260.
Notice; when given.
Any statement, notice, recommendation, determination, or similar action specified in the Student Discipline Act shall be effectively given at the time written evidence thereof is delivered personally to or upon receipt of certified or registered mail or upon actual knowledge by a student or his or her parent or guardian.
Source
Laws 1976, LB 503, § 5;
Laws 1994, LB 1250, § 11;
R.S.1943, (1994), § 79-4,174;
Laws 1996, LB 900, § 64.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-261 - School board or board of education; powers; delegation of authority.

79-261.
School board or board of education; powers; delegation of authority.
(1) The school board or board of education may by rule amplify, supplement, or extend the procedures provided in the Student Discipline Act if such actions are not inconsistent with the act.
(2) Any action taken by the school board or board of education or by its employees or agents in a material violation of the act shall be considered null, void, and of no effect.
(3) The school board or board of education may authorize the delegation to other school officials of responsibilities directed to the principal or superintendent by the act.
Source
Laws 1976, LB 503, § 6;
Laws 1994, LB 1250, § 12;
R.S.1943, (1994), § 79-4,175;
Laws 1996, LB 900, § 65.
Annotations
School board not compelled to promulgate rules concerning distribution of literature. Hernandez v. Hanson, 430 F.Supp. 1154 (D. Neb. 1977).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-262.01 - Behavioral intervention, behavioral management, classroom management, and removal of a student from a classroom in school; model policy; school district policy; training.

79-262.01.
Behavioral intervention, behavioral management, classroom management, and removal of a student from a classroom in school; model policy; school district policy; training.
(1) On or before July 1, 2025, the State Department of Education shall develop and adopt a model policy relating to behavioral intervention, behavioral management, classroom management, and removal of a student from a classroom in school. The model policy shall include appropriate training for school employees on behavioral intervention, behavioral management, classroom management, and removal of a student from a classroom in schools and how frequently such training shall be required.
(2) On or before August 1, 2025, each school district shall develop and adopt a policy consistent with or comparable to the model policy developed by the State Department of Education pursuant to subsection (1) of this section, which shall be a requirement for accreditation in accordance with section 79-703. Such policy shall be filed with the Commissioner of Education. The policy developed and adopted by a school district pursuant to this subsection shall be included with any notifications required under the Student Discipline Act.
(3)(a) Beginning in school year 2026-27, each school district shall ensure that any school employee who has behavioral management responsibilities participates in behavioral awareness and intervention training consistent with the school district policy developed and adopted in accordance with subsection (2) of this section. Such training shall be provided by the school district or such school district's educational service unit.
(b) Each school district shall, either independently, or through the educational service unit of which such school district is a member, develop and provide behavioral awareness and intervention training to employees from such school who have behavioral management responsibilities. If such training is provided by the educational service unit, such training shall be available to any educational service unit employee and any member school district employee that works in a school and has behavioral management responsibilities. Such training shall be consistent with the model policy developed by the State Department of Education pursuant to subsection (1) of this section.
(4) The State Board of Education may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2023, LB705, § 59.
Operative Date: July 1, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-263 - School district; policy regarding firearms; requirements.

79-263.
School district; policy regarding firearms; requirements.
(1) Except as provided in section 79-265.01, each school district shall adopt a policy requiring the expulsion from school for a period of not less than one year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. For purposes of this section, firearm means a firearm as defined in 18 U.S.C. 921. The policy shall authorize the superintendent or the school board or board of education to modify the expulsion requirement on an individual basis.
(2) Each school district shall provide annually to the State Department of Education:
(a) An assurance that the school district has in effect the policy required by subsection (1) of this section; and
(b) A description of the circumstances surrounding any expulsions imposed under the policy required by subsection (1) of this section, including:
(i) The name of the school concerned;
(ii) The number of students expelled from the school; and
(iii) The types of weapons concerned.
Source
Laws 1995, LB 658, § 6;
R.S.Supp.,1995, § 79-4,176.01;
Laws 1996, LB 900, § 67;
Laws 1996, LB 1050, § 3;
Laws 2023, LB705, § 63.
Operative Date: September 2, 2023
Cross References
Gun-free school zones, see section 28-1204.04.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-264 - Student; exclusion; circumstances; emergency exclusion; procedure.

79-264.
Student; exclusion; circumstances; emergency exclusion; procedure.
(1) Any student may be excluded from school in the following circumstances, subject to the procedural provisions of section 79-265, and, if longer than five school days, subject to the provisions of subsection (3) of this section:
(a) If the student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health or safety of the school community; or
(b) If the student's conduct presents a clear threat to the physical safety of himself, herself, or others, or is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.
(2) Any emergency exclusion shall be based upon a clear factual situation warranting it and shall last not longer than is necessary to avoid the dangers described in subsection (1) of this section.
(3) If the superintendent or his or her designee determines that such emergency exclusion shall extend beyond five days, the school board shall adopt a procedure for a hearing to be held and a final determination made within ten school days after the initial date of exclusion. Such procedure shall substantially comply with the provisions of sections 79-266 to 79-287, and such provisions shall be modified only to the extent necessary to accomplish the hearing and determination within this shorter time period.
Source
Laws 1976, LB 503, § 8;
R.S.1943, (1994), § 79-4,177;
Laws 1996, LB 900, § 68.
Cross References
Contagious or infectious disease, child with symptoms, duty of school officials, see section 79-248.
Annotations
Under subsection (1)(b) of this section, attendance by a public school student at a school where presence of a dangerous and communicable disease is confirmed, when the student is unimmunized against the disease, is conduct that presents a clear threat to the physical safety of the unimmunized student and other students and allows the unimmunized student's exclusion from school. Maack v. School Dist. of Lincoln, 241 Neb. 847, 491 N.W.2d 341 (1992).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-265 - Principal; suspend student; grounds; procedure; written statement; conference.

79-265.
Principal; suspend student; grounds; procedure; written statement; conference.
(1) Except as provided in section 79-265.01, the principal may deny any student the right to attend school or to take part in any school function for a period of up to five school days on the following grounds:
(a) Conduct constituting grounds for expulsion as set out in the Student Discipline Act; or
(b) Any other violation of rules and standards of behavior adopted under the act.
(2) Such short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.
(3) Before such short-term suspension takes effect, the student shall be given oral or written notice of the charges against him or her, an explanation of the evidence the authorities have, and an opportunity to present his or her version.
(4) Within twenty-four hours or such additional time as is reasonably necessary, not to exceed an additional forty-eight hours, following such suspension, the principal shall send a written statement to the student and his or her parent or guardian describing the student's conduct, misconduct, or violation of the rule or standard and the reasons for the action taken. The principal shall make a reasonable effort to hold a conference with the parent or guardian before or at the time the student returns to school and shall document such effort in writing.
Source
Laws 1976, LB 503, § 9;
Laws 1994, LB 1250, § 14;
R.S.1943, (1994), § 79-4,178;
Laws 1996, LB 900, § 69;
Laws 2023, LB705, § 64.
Operative Date: September 2, 2023
Annotations
The statutory procedures to be followed in establishing and promulgating rules and standards of student conduct and in suspending students for violation of such rules embody all due process requirements set out in Goss v. Lopez, 419 U.S. 565 (1975). Walker v. Bradley, 211 Neb. 873, 320 N.W.2d 900 (1982).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-265.01 - Pre-kindergarten through second grade students; suspension; prohibited; exceptions.

79-265.01.
Pre-kindergarten through second grade students; suspension; prohibited; exceptions.
(1) Except as provided in subsection (2) of this section, an elementary school shall not suspend a student in pre-kindergarten through second grade. Each school district shall develop a policy to implement this section which shall include disciplinary measures inside the school as an alternative to suspension.
(2) An elementary school may suspend a student in pre-kindergarten through second grade if such student brings a deadly weapon as defined in section 28-109 on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event.
Source
Laws 2023, LB705, § 60.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-265.02 - Student; suspension; classwork and homework; guidelines.

79-265.02.
Student; suspension; classwork and homework; guidelines.
Any student who is suspended shall be given an opportunity to complete any classwork and homework missed during the period of suspension, including, but not limited to, examinations. Each school district shall develop and adopt guidelines that provide any such student with the opportunity to complete classwork and homework. Such guidelines shall not require the student to attend the school district's alternative programs for expelled students in order to complete classwork and homework. The guidelines shall be provided to the student and a parent or guardian at the time of suspension.
Source
Laws 2023, LB705, § 61.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-266.01 - Expelled student; enrollment in public school; when.

79-266.01.
Expelled student; enrollment in public school; when.
If a student has been expelled from a public school in any school district in any state or from a private, denominational, or parochial school in any state and the student has not completed the terms of the expulsion, the student shall not be permitted to enroll in a public school in any school district until the school board of the district in which enrollment is sought approves, by a majority vote, the enrollment of the student. As a condition of enrollment, the school board may require attendance in an alternative school, class, or educational program pursuant to section 79-266 until the terms of the expulsion are completed. A student expelled from a private, denominational, or parochial school or from a school in another state may not be prohibited from enrolling in a public school district in which the student resides or in which the student has been accepted pursuant to the enrollment option program for any period of time beyond the time limits placed on expulsion pursuant to the Student Discipline Act or for any expulsion for an offense for which expulsion is not authorized for a public school student under the act.
Source
Laws 1999, LB 195, § 2.