2013 Nebraska Revised Statutes
Chapter 79 - SCHOOLS
79-238 - Application acceptance and rejection; standards; request for release; standards and conditions.

79-238. Application acceptance and rejection; standards; request for release; standards and conditions.

(1) Except as provided in section 79-240, the school board of the option school district shall adopt by resolution specific standards for acceptance and rejection of applications. Standards may include the capacity of a program, class, grade level, or school building or the availability of appropriate special education programs operated by the option school district. Capacity shall be determined by setting a maximum number of option students that a district will accept in any program, class, grade level, or school building, based upon available staff, facilities, projected enrollment of resident students, projected number of students with which the option school district will contract based on existing contractual arrangements, and availability of appropriate special education programs. The school board of the option school district may by resolution declare a program, a class, or a school unavailable to option students due to lack of capacity. Standards shall not include previous academic achievement, athletic or other extracurricular ability, disabilities, proficiency in the English language, or previous disciplinary proceedings except as provided in section 79-266.01. False or substantively misleading information submitted by a parent or guardian on an application to an option school district may be cause for the option school district to reject a previously accepted application if the rejection occurs prior to the student's attendance as an option student.

(2) The school board of every school district shall also adopt standards and conditions for acceptance or rejection of a request for release of a resident student submitting an application to an option school district after March 15 under subsection (1) of section 79-237.

(3) Any option school district shall give first priority for enrollment to siblings of option students, except that the option school district shall not be required to accept the sibling of an option student if the district is at capacity except as provided in subsection (1) of section 79-240.

(4) Any option school district that is in a learning community shall give second priority for enrollment to students who reside in the learning community and who contribute to the socioeconomic diversity of enrollment as defined in section 79-2110 at the school building to which the student will be assigned pursuant to section 79-235.

Source

Laws 1989, LB 183, § 7;
Laws 1990, LB 843, § 8;
Laws 1991, LB 207, § 5;
Laws 1992, LB 1001, § 37;
Laws 1994, LB 930, § 2;
R.S.1943, (1994), § 79-3407;
Laws 1996, LB 900, § 42;
Laws 1997, LB 346, § 2;
Laws 2001, LB 797, § 7;
Laws 2006, LB 1024, § 20;
Laws 2009, LB62, § 3;
Laws 2009, LB549, § 7.