2006 Nebraska Revised Statutes - § 79-209 — Compulsory attendance; nonattendance; school district; duties; remedial services; enforcement.

Section 79-209
Compulsory attendance; nonattendance; school district; duties; remedial services; enforcement.

In all school districts in this state, any superintendent, principal, teacher, or member of the school board who knows of any violation of section 79-201 on the part of any child of school age, his or her parent, the person in actual or legal control of such child, or any other person shall within three days report such violation to the attendance officer of the school, who shall investigate the case. When of his or her personal knowledge, by report or complaint from any resident of the district, or by report or complaint as provided in this section, the attendance officer believes that any child is unlawfully absent from school, the attendance officer shall immediately investigate.

All school districts shall have a written policy on excessive absenteeism. The policy shall state the number of absences or the hourly equivalent upon the occurrence of which the school shall render all services in its power to compel such child to attend some public, private, denominational, or parochial school, which the person having control of the child shall designate, in an attempt to remediate the child's truant behavior. The number of absences in the policy shall not exceed five days per quarter or the hourly equivalent. School districts may use excused and unexcused absences for purposes of the policy. Such services shall include, but need not be limited to:

(1) One or more meetings between a school attendance officer, school social worker or other person designated by the school administration if such school does not have a school social worker, the child's parent or guardian, and the child, if necessary, to report and to attempt to solve the truancy problem, unless the officer or worker has documented the refusal of the parent or guardian to participate in such meetings;

(2) Educational counseling to determine whether curriculum changes, including, but not limited to, enrolling the child in an alternative education program that meets the specific educational and behavioral needs of the child, would help solve the truancy problem;

(3) Educational evaluation, which may include a psychological evaluation, to assist in determining the specific condition, if any, contributing to the truancy problem, supplemented by specific efforts by the school to help remedy any condition diagnosed; and

(4) Investigation of the truancy problem by the school social worker, or if such school does not have a school social worker, by another person designated by the administration, to identify conditions which may be contributing to the truancy problem. If services for the child and his or her family are determined to be needed, the school social worker or other person performing the investigation shall meet with the parent or guardian and the child to discuss any referral to appropriate community agencies for economic services, family or individual counseling, or other services required to remedy the conditions that are contributing to the truancy problem.

If the child continues to be or becomes habitually truant, the attendance officer shall serve a written notice to the person violating section 79-201, warning him or her to comply with its provisions. If within one week after the time such notice is given such person is still violating the section, the attendance officer shall file a report with the county attorney of the county in which such person resides. All school districts shall have a written policy describing notification of habitual truancy to the county attorney. The number of absences in the policy shall not exceed twenty days cumulative per year or the hourly equivalent. School districts may use excused and unexcused absences for purposes of the policy. The county attorney may file a complaint against such person before the judge of the county court of the county in which such person resides charging such person with violation of section 79-201. If after such notice has been sent to any person violating such section such person again violates the same section, no written notice shall be required but a complaint may be filed at once.

Source:

Laws 1901, c. 70, § 2, p. 456

Laws 1903, c. 95, § 2, p. 552

Laws 1905, c. 141, § 1, p. 578

Laws 1909, c. 130, § 1, p. 474

R.S.1913, § 6925

Laws 1919, c. 155, § 9, p. 350

Laws 1921, c. 53, § 2, p. 231

C.S.1922, § 6509

C.S.1929, § 79-1914

R.S.1943, § 79-1922

Laws 1949, c. 256, § 17, p. 696

Laws 1986, LB 528, § 8

Laws 1994, LB 1250, § 5

R.S.1943, (1994), § 79-211

Laws 1996, LB 900, § 13

Laws 1998, Spec. Sess., LB 1, § 6

Laws 1999, LB 272, § 28

~Reissue Revised Statutes of Nebraska