Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 19 - SCHOOL ENROLLMENT › Appendix C - Sections 79-215 of the Revised Statutes of Nebraska (Student Admission)

Current through June 17, 2024
79-215. Students; admission; tuition; persons exempt;
				  department; duties.
(1) Except
				as otherwise provided in this section, a student is a resident of the school
				district where he or she resides and shall be admitted to any such school
				district upon request without charge.
(2) A school board shall admit a student upon
				request without charge if at least one of the student's parents resides in the
				school district.
(3) A school board
				shall admit any homeless student upon request without charge if the district is
				the district in which the student (a) is currently located, (b) attended when
				permanently housed, or (c) was last enrolled.
(4) A school board may allow a student whose
				residency in the district ceases during a school year to continue attending
				school in such district for the remainder of that school year.
(5) A school board may admit nonresident
				students to the school district pursuant to a contract with the district where
				the student is a resident and shall collect tuition pursuant to the
				contract.
(6) A school board may
				admit nonresident students to the school district pursuant to the enrollment
				option program as authorized by sections
				79-232 to
				79-246,
				and such admission shall be without charge.
(7) For school years prior to school year
				2017-18, a school board of any school district that is a member of a learning
				community shall admit nonresident students to the school district pursuant to
				the open enrollment provisions of a diversity plan in a learning community as
				authorized by section
				79-2110,
				and such admission shall be without charge.
(8) A school board may admit a student who is
				a resident of another state to the school district and collect tuition in
				advance at a rate determined by the school board.
(9) When a student as a ward of the state or
				as a ward of any court (a) has been placed in a school district other than the
				district in which he or she resided at the time he or she became a ward and
				such ward does not reside in a foster family home licensed or approved by the
				Department of Health and Human Services or a foster home maintained or used
				pursuant to section
				83-108.04
				or (b) has been placed in any institution which maintains a special education
				program which has been approved by the State Department of Education and such
				institution is not owned or operated by the district in which he or she resided
				at the time he or she became a ward, the cost of his or her education and the
				required transportation costs associated with the student's education shall be
				paid by the state, but not in advance, to the receiving school district or
				approved institution under rules and regulations prescribed by the Department
				of Health and Human Services and the student shall remain a resident of the
				district in which he or she resided at the time he or she became a ward. Any
				student who is a ward of the state or a ward of any court who resides in a
				foster family home licensed or approved by the Department of Health and Human
				Services or a foster home maintained or used pursuant to section
				83-108.04
				shall be deemed a resident of the district in which he or she resided at the
				time he or she became a foster child, unless it is determined under section
				43-1311
				or
				43-1312
				that he or she will not attend such district in which case he or she shall be
				deemed a resident of the district in which the foster family home or foster
				home is located.
(10)
(a) When a student is not a ward of the state
				or a ward of any court and is residing in a residential setting located in
				Nebraska for reasons other than to receive an education and the residential
				setting is operated by a service provider which is certified or licensed by the
				Department of Health and Human Services or is enrolled in the medical
				assistance program established pursuant to the Medical Assistance Act and Title
				XIX or XXI of the federal Social Security Act, as amended, the student shall
				remain a resident of the district in which he or she resided immediately prior
				to residing in such residential setting. The resident district for a student
				who is not a ward of the state or a ward of any court does not change when the
				student moves from one residential setting to another.
(b) If a student is residing in a residential
				setting as described in subdivision (10)(a) of this section and such
				residential setting does not maintain an interim-program school as defined in
				section
				79-1119.01
				or an approved or accredited school, the resident school district shall
				contract with the district in which such residential setting is located for the
				provision of all educational services, including all special education services
				and support services as defined in section
				79-1125.01,
				unless a parent or guardian and the resident school district agree that an
				appropriate education will be provided by the resident school district while
				the student is residing in such residential setting. If the resident school
				district is required to contract, the district in which such residential
				setting is located shall contract with the resident district and provide all
				educational services, including all special education services, to the student.
				If the two districts cannot agree on the amount of the contract, the State
				Department of Education shall determine the amount to be paid by the resident
				district to the district in which such residential setting is located based on
				the needs of the student, approved special education rates, the department's
				general experience with special education budgets, and the cost per student in
				the district in which such residential setting is located. Once the contract
				has been entered into, all legal responsibility for special education and
				related services shall be transferred to the school district in which the
				residential setting is located.
(c)
				If a student is residing in a residential setting as described in subdivision
				(10)(a) of this section and such residential setting maintains an
				interim-program school as defined in section
				79-1119.01
				or an approved or accredited school, the department shall reimburse such
				residential setting for the provision of all educational services, including
				all special education services and support services, with the amount of payment
				for all educational services determined pursuant to the average per pupil cost
				of the service agency as defined in section
				79-1116.
				The resident school district shall retain responsibility for such student's
				individualized education plan, if any. The educational services may be provided
				through (i) such interim-program school or approved or accredited school, (ii)
				a contract between the residential setting and the school district in which
				such residential setting is located, (iii) a contract between the residential
				setting and another service agency as defined in section
				79-1124,
				or (iv) a combination of such educational service providers.
(d) If a school district pays a school
				district in which a residential setting is located for educational services
				provided pursuant to subdivision (10)(b) of this section and it is later
				determined that a different school district was the resident school district
				for such student at the time such educational services were provided, the
				school district that was later determined to be the resident school district
				shall reimburse the school district that initially paid for the educational
				services one hundred ten percent of the amount paid.
(e) A student residing in a residential
				setting described in this subsection shall be defined as a student with a
				handicap pursuant to Article VII, section 11, of the Constitution of Nebraska,
				and as such the state and any political subdivision may contract with
				institutions not wholly owned or controlled by the state or any political
				subdivision to provide the educational services to the student if such
				educational services are nonsectarian in nature.