Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 19 - SCHOOL ENROLLMENT › Section 92-19-003 - Enrollment Requirements

Current through June 17, 2024
A public school district shall, upon request, enroll and
				  provide free instruction to any person between the ages of 5 and 21 who has not
				  completed high school, or received a diploma of high school equivalency, and
				  who the school district is required to enroll under the provisions of Section
				  79-215
				  R.R.S., subject to the provisions of all other applicable requirements of state
				  law and regulations related to enrollment and attendance. A text of that
				  statute is included in Appendix C.
003.01 Other Statutory and Regulatory
				Requirements
Other requirements of state law related to enrollment
				  include, but are not limited to: §§
										79-201
				  through
				  79-210 R.R.S.
				  regarding compulsory education; §
										79-214
				  R.R.S. regarding kindergarten admission; §
										79-216
				  R.R.S. regarding children of members of the military or of federal employees
				  living on national parks or monuments; §§
										79-217
				  through
				  79-223 R.R.S.
				  regarding immunizations; §§
										79-254
				  through
				  79-294
				  R.R.S. regarding the Student Discipline Act; §
										79-266.01
				  R.R.S. regarding enrollment of expelled students; §
										79-526
				  R.R.S. regarding the duty of districts to make provisions for students entering
				  at any time during the school year; and §
										43-2007
				  R.R.S., regarding Missing Children Identification Act dealing with birth
				  certificates or other proof of identity. Other regulatory requirements related
				  to enrollment include, but are not limited to, those listed in Section
				  001.04.
003.02 Prohibited
				prerequisites to enrollment
A student who is entitled to or may lawfully enroll in and
				  attend a public school, or the parent, guardian or other person having charge
				  or control of such student shall not, unless otherwise permitted by law, be
				  made to present any documentation or do any act prior to the student being
				  allowed to enroll or attend. Unless permitted by law, this prohibition
				  includes, but is not limited to, requiring as a pre-condition to enrollment or
				  attendance any of the following:
003.02A Submission of social security card or
				number, which is subject to the Federal Privacy Act (Title 5, U.S.C., Section
				552a (note));
003.02B Presentation
				of a certified copy of a birth certificate or other proof of identity and age,
				which is subject to the Missing Children's Identification Act (Section
				43-2007
				R.R.S.). Under that Act, upon enrollment of a child for the first time in a
				public school district, the person enrolling the student, within 30 days, must
				provide a certified copy of the student's birth certificate or other reliable
				proof of identity and age as described in §
										43-2007.
003.02C Receipt by the district of
				transcripts, grades or other records from previously attended schools (see
				Section
				79-2,105
				R.R.S.).
003.02D The payment of
				any fee, including those fees authorized by the Public Elementary and Secondary
				Student Fee Authorization Act (Sections
				79-2,125 to
				79-2,135
				R.R.S.), except for fees for enrollment or participation in the specific
				courses or activities allowed under Section
				79-2,127
				R.R.S..
003.02E Presentation of
				proof that a child who seeks to enroll or his or her parent, as defined in
				section 002.13 of this Chapter, is a citizen of the United States or is a
				legally admitted alien. See Plyler v. Doe, 457 U.S. 202 (1982); and also
				Section 011 of this Chapter.