NONRESIDENT STUDENTS/OPTION ENROLLMENT
Students who are eligible to attend a Nebraska public school but who are not legal residents of the school district may be admitted into the school district in accordance with the option enrollment program authorized by state statutes.† Option enrollment students shall be accepted without charge.† If the student has previously had an option enrollment accepted in any district, the application shall be rejected unless a statutory exception to this rule applies for that student.
Application for option enrollment should be made between September 1 and March 15 for enrollment during the following and subsequent school years.† Upon agreement of the school boards of the resident district and the option (receiving) district, deadlines for application and approval of the option may be waived.† Following the March 15 deadline, applications requesting admittance must contain a release approval from the resident district prior to the option districtís consideration for acceptance.†
The application for option enrollment does not require a release from the resident district and the receiving district has forty-five days to issue acceptance or rejection if:
1. after February 1 the student relocated to a different resident district, or
2. the studentís option district merged with another district effective after February 1, and
3. the studentís attendance would occur during the next immediate and subsequent school years.
For applications submitted by the March 15 deadline, written notification of approval or rejection of the application will be made before April 1 to the studentís parent/guardian and the resident district.† If the district rejects an application for a student to option in or out, the district will provide notification by certified mail to the parent/guardian of the reasons for rejection and the process for appealing the decision to the State Board of Education.
The board shall adopt standards and conditions for acceptance or rejection of a request for release of a resident student submitting an option application after March 15.† Such standards shall not include the failure to meet the March 15 deadline.† For those applications, the option district shall notify the parent/guardian and the resident district whether the application is accepted or rejected within sixty days after submission.† False or substantively misleading information submitted by a parent/guardian on an application to an option district may be cause for the option district to reject a previously accepted application prior to the studentís attendance.†
The board shall adopt a resolution setting forth its specific standards for acceptance and rejection of applications as an option school.† Standards will conform to those set forth by
Approved ________________ Reviewed _______________ Revised ________________
state statute.† These may include the capacity of a program, class, grade level, or school building or the availability of appropriate special education programs operated by the district.† The standards shall not include previous academic achievement, athletic or other extracurricular ability, disabilities, proficiency in the English language, or previous disciplinary proceedings except as allowed by law.
An option district shall give first priority for enrollment to siblings of option students within the requirements of state statutes.† The board shall follow statutes regarding the application of a student who relocates in a different district but wants to continue attending his or her original resident district or current option district.
Nonresident students not going through option enrollment may also be admitted under a contract with the student's resident district at the discretion of the superintendent upon application and payment of tuition as stated in the contract.† The tuition rate shall be the current per‑pupil cost of the school district as computed by the superintendent.
Students whose residency in the district ceases during a school year may continue attending school for the remainder of the school year without payment of tuition.
The district may choose to provide transportation to the option student in the same manner as for resident students and may choose whether or not to charge the parents of those option students a fee to recover the districtís costs for the transportation.† All option students who qualify for free lunches are eligible for either free transportation or the reimbursement of transportation costs from the school district as provided by state statute.† Students receiving special education services shall receive transportation services as provided in the studentís Individualized Education Plan.
Legal Reference: ††††††††††††††††††† Neb. Statute 79-215
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††††† 79-232 to 246
††††††††††††††††††††††††††††††††††††††††††††††† NDE Rule 19.008
Cross Reference: ††††††††††††††††††† 503††††† Student Attendance
††††††††††††††††††††††† ††††††††††††††††††††††† 801††††† Transportation