2006 Nebraska Revised Statutes - § 79-201 — Compulsory education; attendance required; exceptions.

Section 79-201
Compulsory education; attendance required; exceptions.

(1) For purposes of this section:

(a) Prior to July 1, 2005, a child is of mandatory attendance age if the child (i) has reached seven years of age, (ii) did not reach sixteen years of age prior to July 16, 2004, and (iii) has not reached eighteen years of age; and

(b) On and after July 1, 2005, a child is of mandatory attendance age if the child (i) will reach six years of age prior to January 1 of the then-current school year, (ii) did not reach sixteen years of age prior to July 16, 2004, and (iii) has not reached eighteen years of age.

(2) Except as provided in subsection (3) of this section, every person residing in a school district within the State of Nebraska who has legal or actual charge or control of any child who is of mandatory attendance age or is enrolled in a public school shall cause such child to enroll in, if such child is not enrolled, and attend regularly a public, private, denominational, or parochial day school which meets the requirements for legal operation prescribed in Chapter 79, or a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements, each day that such school is open and in session, except when excused by school authorities or when illness or severe weather conditions make attendance impossible or impracticable.

(3) Subsection (2) of this section does not apply in the case of any child who:

(a) Has obtained a high school diploma by meeting the graduation requirements established in section 79-729;

(b) Has completed the program of instruction offered by a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements;

(c) Has reached the age of eighteen years;

(d) Has reached the age of sixteen years and such child's parent or guardian has signed a notarized release discontinuing the enrollment of the child on a form provided by the school;

(e)(i) Will reach six years of age prior to January 1 of the then-current school year, but will not reach seven years of age prior to January 1 of such school year, (ii) such child's parent or guardian has signed an affidavit stating that the child is participating in an education program that the parent or guardian believes will prepare the child to enter grade one for the following school year, and (iii) such affidavit has been filed by the parent or guardian with the school district in which the child resides;

(f)(i) Will reach six years of age prior to January 1 of the then-current school year but has not reached seven years of age, (ii) such child's parent or guardian has signed an affidavit stating that the parent or guardian intends for the child to participate in a school which has elected or will elect pursuant to section 79-1601 not to meet accreditation or approval requirements and the parent or guardian intends to provide the Commissioner of Education with a statement pursuant to subsection (3) of section 79-1601 on or before the child's seventh birthday, and (iii) such affidavit has been filed by the parent or guardian with the school district in which the child resides; or

(g) Will not reach six years of age prior to January 1 of the then-current school year and such child was enrolled in a public school and has discontinued the enrollment according to the policy of the school board adopted pursuant to subsection (4) of this section.

(4) The board shall adopt policies allowing discontinuation of the enrollment of students who will not reach six years of age prior to January 1 of the then-current school year and specifying the procedures therefor.


Source:
    Laws 1901, c. 70, § 1, p. 454

    Laws 1903, c. 95, § 1, p. 549

    Laws 1905, c. 140, § 1, p. 575

    Laws 1907, c. 131, § 1, p. 430

    R.S.1913, § 6924

    Laws 1919, c. 155, § 1, p. 346

    Laws 1921, c. 53, § 1(a), p. 227

    C.S.1922, § 6508a

    Laws 1929, c. 87, § 1, p. 340

    C.S.1929, § 79-1901

    R.S.1943, § 79-1901

    Laws 1949, c. 256, § 7, p. 692

    Laws 1953, c. 291, § 1, p. 988

    Laws 1959, c. 380, § 1, p. 1322

    Laws 1971, LB 211, § 1

    Laws 1971, LB 582, § 1

    Laws 1984, LB 928, § 1

    Laws 1984, LB 994, § 4

    R.S.1943, (1994), § 79-201

    Laws 1996, LB 900, § 5

    Laws 1999, LB 152, § 1

    Laws 2004, LB 868, § 1

Annotations:
    The state, having a high responsibility for the education of its citizens, has the power to impose reasonable regulations for the control and duration of basic education. Parents have a right to send their children to private schools but do not have the right to be completely unfettered by reasonable government regulations as to the quality of the education furnished and the maintenance of minimum standards. State ex rel. Douglas v. Faith Baptist Church of Louisville, 207 Neb. 802, 301 N.W.2d 571 (1981).

    Violation of this law is not, in itself, evidence of neglect under section 43-202(2)(c), R.R.S.1943. State v. Rice, 204 Neb. 732, 285 N.W.2d 223 (1979).

    This section did not operate to violate constitutional right of parents to educate their children in accordance with the tenets of their religious faith. Meyerkorth v. State, 173 Neb. 889, 115 N.W.2d 585 (1962).

    This section has no application to physically or mentally handicapped child attending special school. Schutte v. Decker, 164 Neb. 582, 83 N.W.2d 69 (1957).



~Revised Statutes Cumulative Supplement, 2006

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