Section 92-13-010 - Withdrawal From the Exempt SchoolA child who is of mandatory attendance age may be withdrawn from the exempt school in the following two cases:
010.01 In accordance with Section 79-202(6) R.R.S., a person who has legal or actual charge or control of a child who is at least sixteen years of age but less than eighteen years of age may withdraw such a child before graduation and be exempt from the mandatory attendance requirements by filing with the Commissioner a "Withdrawal of a Child(ren) From the Exempt School" form, attached as Appendix C (Form C), in the presence of and acknowledged by a notary public upon oath or affirmation. Upon receipt of the properly completed Form C, the Commissioner will direct that a letter acknowledging such receipt be sent and reported to the school district where the child resides.010.02 If the child is below 18 and has completed the program of instruction offered by the exempt school, then each parent or legal guardian shall sign a "Report of Completion of Program" form, attached as Appendix D (Form D). Upon receipt of the properly completed Form D signed by the parents or legal guardians, the Commissioner will direct that a letter acknowledging such receipt be sent to the parents or legal guardians and reported to the school district where the child resides. 010.02ASingle Parent. If the filer is a single parent, that parent must complete a Form D and provide sole custody verification. A parent claiming to be a single parent is representing that he or she alone is responsible for making the decisions concerning the educational placement of the child. Sole custody verification includes (but is not limited to): an order of a court of law having proper jurisdiction providing that the filing parent has sole custody of the child, a birth certificate that lists only the filing parent as the parent, or a death certificate if one of the parents is deceased. 010.02A1 If the custody arrangement is changed by a court of law subsequent to the initial filing, a copy of that court order must be provided by the single parent filer.010.02A2 If the court order specifies joint legal custody, both parents must complete a Form D, unless the court order provides that the custodial parent has sole educational decision-making authority. In that case, a copy of that court order must be provided.010.02BLegal Guardian(s). If the filer is the legal guardian(s), a copy of the documentation lawfully appointing the filer(s) as legal guardian(s) must be submitted with the completed Form D(s). 92 Neb. Admin. Code, ch. 13, § 010
Amended effective 5/21/2016.