92 Neb. Admin. Code, ch. 19, § 003

Current through September 17, 2024

Section 92-19-003 - Enrollment Requirements

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.

003.03 Termination of Enrollment

If an enrolled student ceases to be eligible for required enrollment for free instruction under the provisions of Section 79-215 R.R.S., a district may terminate the enrollment of the student, or may continue the enrollment under the provisions of § 79-215(4) R.R.S. or any other provision of § 79-215 R.R.S. that may subsequently become applicable. When a student is a child of compulsory attendance age and is denied enrollment or his or her enrollment is terminated other than as the result of expulsion under the Student Discipline Act, the district, if it is not aware that the child is enrolled elsewhere, shall (a) report such circumstance to the attendance officer of the district in which the child should be enrolled or, if it cannot determine in what other district the child should be enrolled, report such action to the Department of Health and Human Services or law enforcement officials pursuant to Section 28-711 R.R.S.; and (b) cooperate with and assist such officials in attempting to ensure that the child is not neglected and is promptly re-enrolled in a school.

003.04 Students Entering During the School Year

A district shall make provisions for students that may enter at any time during the school year. A district that enrolls a student during the school year shall give the student the opportunity to earn full credit for the courses in which the student is enrolled if the student is able to demonstrate mastery of the subject matter and/or completion of course requirements, other than attendance, at a level required for other students to receive credit who have been enrolled throughout the period for which the credit is to be granted. The district may use a review of transcripts from prior schools attended, standardized tests, assessments, and/or teacher evaluations of student competency in the subject matter to make such a determination. A school district may use the same evaluation alternatives to award or recognize credit for past course work completed elsewhere and/or through demonstrated mastery of subject matter.

003.05 Students with diplomas or other certificates of completion from other states, territories or countries

If a person under age twenty-one seeks to enroll as is provided for in Sections 001.01 and 003 of this Chapter, and such a person already possesses or was granted a diploma or other certificate of completion of the school system or the course of studies of another state, territory or country, the district has authority, pursuant to §§ 79-201(3)(a) and 79-526 R.R.S. and Section 003.04 of this Chapter to make a professional educational determination regarding whether or not the person's completion of that course of studies is substantially equivalent to completion of the graduation requirements in § 79-729 R.R.S. If so, the person is not required to be enrolled.

92 Neb. Admin. Code, ch. 19, § 003

Amended effective 6/6/2017.