2006 Nebraska Revised Statutes - § 79-2110 — School building maximum capacity; attendance areas; school board; duties; application to attend school outside attendance area; procedure; continuing student; notice.

Section 79-2110
School building maximum capacity; attendance areas; school board; duties; application to attend school outside attendance area; procedure; continuing student; notice.

(1) For school year 2008-09 and each school year thereafter, each member school district in a learning community shall establish a maximum capacity for each school building under such district’s control. Each member school district shall also establish attendance areas for each school building under the district’s control, except that the school board shall not establish attendance areas for school buildings with focus schools or programs. The attendance areas shall be established such that all of the territory of the school district is within an attendance area for each grade, but no territory of the school district is within more than one attendance area for a grade. Students residing in an attendance area shall be allowed to attend such school building for the grades offered.

(2) On or before March 1, 2008, and March 1 of each year thereafter, the school board shall certify to the learning community coordinating council the number of students that will be accepted into each school building from outside of the school building’s attendance area for the next school year based on the established capacity and the estimated number of students who will attend the school building from the attendance area or as continuing students.

(3)(a) On or before March 15, 2008, and March 15 of each year thereafter, a parent or guardian of a student residing in a member school district in a learning community may apply to the learning community coordinating council to attend for the following school year a school building in the learning community that is not in an attendance area where the student resides. On or before April 1, 2008, and April 1 of each year thereafter, the learning community coordinating council shall accept or reject such applications based on the number of such students the school district is willing to accept for a given school building and shall notify the applicant in writing of the acceptance or rejection.

(b) If more students have applied to attend a school building, other than a focus school or program, than the number of such students the school district is willing to accept for such building, the learning community coordinating council shall select applications for approval up to the number of such students the school district is willing to accept for such building as follows: (i) Students who qualify for free lunch shall be selected first, with applications for such students selected randomly up to the number of students the school district is willing to accept for such building; (ii) students who qualify for reduced-price lunch shall be selected randomly up to the remainder of the number of students the school district is willing to accept for such building if all of the applications for students who qualify for free lunch have been selected; and (iii) all other applications shall be selected randomly up to the remainder of the number of students the school district is willing to accept for such building if all of the applications for students who qualify for free lunch and reduced-price lunch have been selected.

(c) If more students have applied to attend a focus school or program than the number of such students the school district is willing to accept for such focus school or program, the learning community coordinating council shall select applications for approval up to the number of such students the school district is willing to accept for such building as follows: (i) Students who qualify for free lunch shall be selected randomly up to the product of the number of students the school district is willing to accept for such focus school or program multiplied by the ratio of students qualifying for free lunch in the learning community divided by the total formula students in the learning community; (ii) students qualifying for reduced-price lunch shall be selected randomly up to the product of the number of students the school district is willing to accept for such focus school or program multiplied by the ratio of students qualifying for reduced-price lunch in the learning community divided by the total formula students in the learning community; (iii) students who do not qualify for free or reduced-price lunch shall be selected randomly up to the product of the number of students the school district is willing to accept for such school or program multiplied by the ratio of students not qualifying for free or reduced-price lunch in the learning community divided by the total formula students in the learning community; and (iv) students who were not selected pursuant to subdivision (c)(i), (ii), or (iii) of this subsection shall be selected randomly up to the number of students the school district is willing to accept for such school or program minus the number of students that were selected pursuant to subdivisions (c)(i), (ii), and (iii) of this subsection.

(d) Any student who attended a particular school building in the prior school year and who is seeking education in the grades offered in such school building shall be allowed to continue attending such school building as a continuing student.

(4) On or before February 15 of each year, a parent or guardian of a student who is currently attending a school building outside of the attendance area where the student resides and who will complete the grades offered at such school building prior to the following school year shall provide notice, on a form provided by the school district, to the school board of the school district containing such school building if such student will attend another school building within such district as a continuing student and which school building such student would prefer to attend. On or before March 1, such school board shall provide a notice to such parent or guardian stating which school building or buildings the student will be allowed to attend in such school district as a continuing student for the following school year. If the student resides within the school district, the notice shall include the school building offering the grade the student will be entering for the following school year in the attendance area where the student resides. This subsection shall not apply to focus schools or programs.

(5) A parent or guardian of a student who moves to a new residence in the learning community after April 1 may apply directly to a school board within the learning community within ninety days after moving for the student to attend a school building outside of the attendance area where the student resides. Such school board shall accept or reject such application within fifteen days after receiving the application, based on the capacity established pursuant to subsection (2) of this section.

(6) A parent or guardian of a student who wishes to change school buildings for emergency or hardship reasons may apply directly to a school board within the learning community at any time for the student to attend a school building outside of the attendance area where the student resides. Such application shall state the emergency or hardship and shall be kept confidential by the school board. Such school board shall accept or reject such application within fifteen days after receiving the application, based on the judgment of such school board, except that the board may not exceed the established capacity.

Source:

Laws 2006, LB 1024, § 16.

~Revised Statutes Cumulative Supplement, 2006