Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 19 - SCHOOL ENROLLMENT › Section 92-19-001 - General Information

Current through June 17, 2024
001.01 Purpose of this Chapter
Article VII , Section 1 of the
Constitution of
				  the State of Nebraska
states that: "The Legislature shall provide
				  for the free instruction in the common schools of this state for all persons
				  between the ages of five and twenty-one years." This Chapter is adopted under
				  the constitutional and statutory authority of the State Department of
				  Education, for the purpose of clarifying responsibilities of public school
				  districts regarding school enrollment so that all persons who are
				  constitutionally entitled to a free public education in Nebraska receive such
				  an education upon request.
001.02 Scope and Application of this Chapter
This Chapter requires each public school district, as a
				  condition of continued accreditation under Title 92,
Nebraska
				  Administrative Code
, Chapter 10 (92 NAC 10), to enroll and serve
				  persons, upon request, who are entitled to a free public education in that
				  district. This Chapter also contains provisions for students seeking to
				  transfer to other districts under the enrollment option program.
001.03 Statutory Authority
Article VII , Section 2 of the
Constitution of
				  the State of Nebraska
and Section
				  79-301
				  of the
Revised Statutes of Nebraska
(R.R.S.) provide,
				  in part, that: "The State Department of Education shall have general
				  supervision and administration of the school system of the state and of such
				  other activities as the Legislature may direct." This Chapter is adopted
				  pursuant to the constitutional and statutory authority of the Department to
				  prescribe regulations for the accreditation and operation of public schools
				  under Sections
				  79-301,
				  79-302,
				  79-318,
				  and
				  79-319
				  R.R.S.; plus Section
				  79-215
				  R.R.S., which permits the Department to adopt rules and regulations to carry
				  out the Department's responsibilities under that statute.
001.04 Related regulations
Several other Nebraska State Department of Education
				  regulation chapters in Title 92 of the
Nebraska Administrative
				  Code
(NAC) deal with matters related to this Chapter. Chapter 10
				  deals with accreditation of public schools. Compliance with this Chapter is a
				  condition of continued accreditation under Chapter 10. Chapter 17 deals with
				  alternative education for students expelled under the Student Discipline Act.
				  Chapter 51 is the primary regulation for the provision of special education
				  services and reimbursement after a person is enrolled under this Chapter.
				  Chapter 61 provides procedures for appeals under the enrollment option program
				  and certain provisions of this Chapter. Chapter 81 deals with the General
				  Educational Development (G.E.D.) examination and diplomas of high school
				  equivalency. Regulations of the State Department of Health and Human Services
				  regarding state wards and reimbursement are contained in Title 390,
Nebraska Administrative Code
, Chapter 10.
001.05 Construction of Enrollment
				Statutes and Regulations by School Districts
School districts shall liberally construe state statutes and
				  these regulations pertaining to enrollment determinations. In regard to school
				  enrollment determinations, the Nebraska Supreme Court has held that:
"Statutes pertaining to our public schools should be
				  liberally construed to the end that all persons of school age may enjoy their
				  privileges . . . Solicitude for the education of its youth has always been
				  characteristic of Nebraska. It is a settled policy of the state that every
				  person of school age shall have an opportunity to attend its free schools."
Martins v. School Dist.,
101 Neb. 258
				  (1917).