5100: Enrollment of Students

5100: Enrollment of Students holly Wed, 07/10/2019 - 15:24

Students of school age residing in the District, students who have at least one (1) parent residing in the District, and students of school age who may be by law allowed to attend the District’s schools without charge, shall be permitted to enroll in the District’s schools tuition-free.

Nonresident students may apply for enrollment in the District pursuant to the District’s Option Enrollment Program.  Nonresident students not accepted through the District’s Option Enrollment Program may seek enrollment pursuant with District Rule 5100.1 (III) (A)(3) and (4).

The District may accept foreign exchange students when space permits and such students are legally residing in the United States.  The District shall only accept foreign exchange students through the District’s approved foreign exchange programs. Foreign exchange students are encouraged to participate in the curriculum of the school they attend in a manner which promotes the education of other students.

The school principal shall determine final grade placement for students transferring from non-public schools or from schools outside of the District. 

All students must comply with federal and state health laws and regulations. 

Date of Adoption
July 20, 1992
Date of Revision
June 6, 1994
January 8, 1996
August 21, 2000
August 6, 2001
April 7, 2008
January 11, 2010
February 19, 2018

5100.1: Enrollment of Students - Residency Requirements

5100.1: Enrollment of Students - Residency Requirements holly Wed, 07/10/2019 - 15:36

I.          Rules Governing the Enrollment of Students.

            A.          Enrollment of Resident Students. Students of school age residing in the District, students who                          have at least one (1) parent residing in the District, and students of school age who may be by law allowed to attend the District’s schools without charge, shall be permitted to enroll in the District’s schools tuition-free.

            B.         Questionnaire Form. Students who reside in the District with a person other than the student's parents or legal guardian will be required to complete District and Nebraska Department of Education questionnaire forms which shall include, among other things, the name and address of the contact person for medical emergencies, student disciplinary matters, school conferences, and excessive absenteeism. The forms must be completed and returned to the District within the time frame set by the District.

            C.         Enrollment of Future Residents. Students whose parents or guardian are planning to become District residents in the reasonably near future may be enrolled in the District tuition-free. Reasonable proof of future residency will be required by the District prior to enrollment. If the parents or guardian of such student have not become District residents within nine (9) weeks of enrollment, the student may be excluded from further attendance until residency is established.

            D.         Homeless Children and Youth. Children and youths who are homeless and who request admission, shall be admitted according to District Rule 5100.9.

            E.         Expelled Students. A student who has been expelled from a public school in any school district in any state or from a private, denominational, or parochial school in any state and who has not completed the terms of the expulsion, shall not be permitted to enroll in the District until the District’s Board or the Board’s designee approves, the enrollment of the student. As a condition of such enrollment, the District’s Board may require attendance in an alternative school, class or education program pursuant to Nebraska Revised Statute §79-266 until the terms of the expulsion are completed. A student who has been expelled from a private, denominational, or parochial school or from a school in another state may not be prohibited from enrolling in the District for any period of time beyond the time limits placed on expulsion pursuant to the Student Discipline Act or for any expulsion for an offense for which expulsion is not authorized for a public school student under the Student Discipline Act, if the student is a resident of the District or the student has been accepted pursuant to the District’s Open or Option Enrollment Programs. 

II.         Resident Students Who Move During the School Year

            Students who move out of the District during the school year may continue attending school in the                    District for the remainder of the school year tuition-free.

III.        Enrollment of Nonresident Students

            A.          The District may admit the following nonresident students:

                         1.          Students who have at least one (1) parent residing in the District.
    
                         2.          Students accepted through the District's Open or Option Enrollment Programs.

                         3.          Nonresident students from Nebraska may be admitted pursuant to a contract with the school district where the student is a resident, with the payment and collection of tuition pursuant to the contract.

                         4.          Nonresident students of another state may be admitted, with the advance payment of tuition at a rate determined by the Board.

              B.        Nonresident students may not attend schools which are closed to open or option enrollment due to capacity standards. Nonresident students may request enrollment at any District school which is not closed to open or option enrollment. 

IV.          Wards of the State or a Court

              Any student who is a ward of the state or a ward of any court and who resides in a foster family home within the District which is licensed or approved by the Department of Health and Human Services or who resides in a foster home within the District which is maintained or used pursuant to Nebraska Revised Statute §83-108.04 shall be deemed a resident of the District. Students who are placed in foster homes within the District by individuals, or by agencies other than the Department of Health and Human Services or in foster homes which are not maintained or used pursuant to Nebraska Revised Statute § 83-108.04, as hereinbefore provided, shall be required to complete a residency questionnaire and shall be subject to the same residency requirements as other nonresident students seeking enrollment in the District.

V.            Improper Enrollment

               A.        If a student is improperly enrolled in the District, the District in its sole discretion may:

                          1.         Exclude the student from the schools of the District and charge tuition for the time period that the student was improperly enrolled; or 

                          2.         Permit the nonresident student to remain enrolled as a nonresident student provided tuition is paid in advance.

VI.         Illegal Aliens.

             Illegal aliens will not be denied a public education based on their illegal alien status.

VII.        Definitions

             A.        "Guardian" shall mean a legal guardian who has been appointed by a court or who has accepted a testamentary appointment as provided in Neb. Rev. Stat. § 30-2605.

             B.        "Homeless child or youth" shall mean:

                         1.          An individual who lacks a fixed, regular, and adequate nighttime residence; and 

                         2.          Includes:

                                     a.        Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

                                     b.        Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, within the meaning of 42 U.S.C. §11302(a)(2);

                                     c.        Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

                                     d.        Migratory children, as defined in 20 U.S.C. § 6399(3), who qualify as homeless because the children are living in circumstances described in subsections VII(B)(2)(a)-(c)

                        3.          The term “homeless child or youth” does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State law.

             C.       "Improper enrollment" shall mean students enrolled in the District who do not meet the residency, option enrollment, open enrollment, or other statutory requirements to enable tuition-free admission into the District. 

             D.       "Parents” shall mean the lawful father or mother of a child, including adoptive parents. A guardian or any other person in legal or actual charge or control of a child who enrolls a child in school, shall be considered to be acting as a parent for all educational purposes, unless otherwise restricted by law.

 

Date of Adoption
February 1, 1982
Date of Revision
January 8, 1996
August 21, 2000
August 6, 2001
May 5, 2003
January 11, 2010
July 11, 2011
December 19, 2011
June 3, 2019
Reaffirmed
June 3, 2019

5100.2: Enrollment of Students - Kindergarten Age, Proof of Identity, Physical Examination and Immunization

5100.2: Enrollment of Students - Kindergarten Age, Proof of Identity, Physical Examination and Immunization holly Wed, 07/10/2019 - 15:56

I. Admission to Kindergarten:  Age Requirement. The District shall not admit any child into kindergarten unless such child has reached the age of five (5) years or will reach such age on or before July 31 of the current year with the following exceptions:     

A. The Board may admit a child who will reach the age of five (5) between August 1 and October 15 of the current school year if the parent or guardian requests such entrance and provides an affidavit stating that:

1. The child attended kindergarten in another state in the current school year in accordance with the other state’s kindergarten enrollment statutes; or

2. The family anticipates a relocation to another state that would allow admission to kindergarten within the current school year in accordance with the other state’s kindergarten enrollment statutes; or

3. The child has demonstrated through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

A. Recognized assessment procedures that the District’s Educational Services Division follows include:

I. A parent/guardian wishing to have their child considered for early entrance must be a resident within the District.

II. The parent/guardian must attend a parent meeting about early entrance testing.

III. The assessment date and time will be scheduled at the end of the parent meeting.

IV. The parent/guardian must bring to the testing center, prior to testing:
1. Consent for evaluation,
2. A copy of the child’s birth certificate,
3. Completed Early Entrance Parent Questionnaire, and
4. A fee paid to the District.

V. Early entrance into kindergarten will be based on meeting or exceeding all assessment cutscores.

VI. A report will be provided the parent/guardian and a copy placed in the child’s school record.

VII. If the child will be accepted into kindergarten, the information will be shared with appropriate school personnel.

VIII. If the child meets the criteria for early entrance they must attend full-day.

B. Assessment components include, but are not limited to:
I. The Differential Ability Scales II (DAS-2), administered by qualified District personnel (a standard score at or above 130 on the General Conceptual Ability and 125 on School Readiness).
II. The Conners Early Childhood Rating Scale is completed by parents.
III. Other assessments deemed necessary.

B.The Board may admit a child who will reach age five (5) between August 1 and October 15 of the current school year, who is seeking such admission by transfer from any Nebraska non-public school or from any Nebraska public school district, if the child has demonstrated through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.​​​​​

1.The recognized assessment procedures approved by the Board are those set forth in the subsection I(A)(3) of this Rule.

2. Attendance in kindergarten in any Nebraska non-public school does not exempt the child from having to demonstrate through assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

3. Attendance in kindergarten in any other Nebraska public school district does not exempt the child from having to demonstrate through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten, unless in the District’s sole determination the assessment procedures of the other Nebraska public school district are equivalent to the recognized assessment procedures set forth in the subsection I(A)(3) of this Rule.

II. Proof of Age and Identity, Physical Examination, and Immunization.

A. Upon enrollment of a student in the District, the enrolling school shall:

1. Require compliance with the physical examination and visual evaluation requirements of District Rule 5600.3 (I).

2. Require compliance with the immunization requirements of District Rule 5600.3 (II) and (III).

3. Notify in writing the person enrolling the student that if a birth certificate or other reliable proof was not provided upon enrollment that he or she must provide within thirty (30) days either:

A. A certified copy of the student’s birth certificate; or test Other reliable proof of the student’s identity and age, along with an affidavit explaining the inability to produce a copy of the birth certificate.

B. If a certified copy of a birth certificate cannot be produced, then other reliable proof (in order of preference) of the student’s identity and age must be provided along with an affidavit explaining the inability to produce a copy of the birth certificate:

1. Baptismal certificate;

2. Passport;

3. Immigration certificate; or

4. Bible record.

C. Upon failure of the parent or guardian to comply with the preceding paragraph, written notice shall be given to the parent or guardian that unless he or she complies within ten (10) days the matter shall be referred to the local law enforcement agency for investigation.  If compliance is not obtained in such ten (10) day period, then the matter shall be immediately reported to the local law enforcement agency.  Any affidavit received pursuant to the preceding paragraph that appears inaccurate or suspicious in form or content shall be reported immediately to the local law enforcement agency.

III. Withdrawal (Age 6 and Below)

A. In accordance with the Nebraska Compulsory Education Law, any person with legal or actual charge or control of a child who will reach six (6) years of age prior to January 1 of the then-current school year, may discontinue the enrollment of such child by meeting with the principal and providing the following documentation:

1. A signed affidavit stating that the person intends for the child to participate in a non-accredited or non-approved school and the person intends to provide the Commissioner of Education with a statement pursuant to Nebraska Revised Statute §79-1601(3) on or before the child's seventh birthday; or

2. A signed affidavit stating that the child is participating in an education program that the person believes will prepare the child to enter grade one (1) for the following year.

3. The principal shall notify the Director of Student Services of the withdrawal.

B. In accordance with the Nebraska Compulsory Education Law, any person with legal or actual charge or control of a child who will not reach six (6) years of age prior to January 1 of the then-current school year, may discontinue the enrollment of such child by meeting with the principal and completing the building withdrawal procedures. The principal shall notify the Director of Student Services of the withdrawal.

Date of Adoption
July 20, 1992
Date of Revision
June 6, 1994
August 21, 2000
August 6, 2001
June 6, 2005
March 3, 2008
March 1, 2010
December 19, 2011
June 3, 2019
Reaffirmed
April 7, 2008

5100.3: Enrollment of Students - Nonresident Students: Enrollment Option Program

5100.3: Enrollment of Students - Nonresident Students: Enrollment Option Program holly Wed, 07/10/2019 - 16:04

I. General Statement. 

A. Nebraska law enables any kindergarten through twelfth grade Nebraska student who resides in the Learning Community to attend a school in a Learning Community public school district in which the student does not reside pursuant to the Nebraska option enrollment laws and subject to limitations and standards authorized by law and adopted by the public school district. The option is only available once to each student prior to graduation. Provided however, that an option does not count toward such limitation if such option meets, or met at the time of the option, one of the following criteria: 

1. The student relocates to a different resident school district; or 

2. The option school district merges with another district; or 

3. The option school district is a Class I district; or 

4. The student will have completed either the grades offered in the school building originally attended in the option school district or the grades immediately preceding the lowest grade offered in the school building for which a new option is sought; or 

5. The option would allow the student to continue current enrollment in a school district; or 

6. The option would allow the student to enroll in a school district in which the student was previously enrolled as a student; or 

7. The student is an open enrollment option student. 

B. Option enrollment shall be administered under the direction of the District’s Superintendent and the Superintendent shall serve as the designee of the District’s Board of Education for any matters involving option enrollment to be acted upon by the Board, except as otherwise required by law or hereinafter provided. 

II. Standards for Acceptance, Rejection, Transportation, and Capacity. 

A. Acceptance, Rejection, Transportation and Capacity. The Board shall adopt a resolution setting forth its specific standards for acceptance and rejection of applications as an option school district, for providing transportation for option students, and for acceptance or rejection of a request for release of a resident or option student submitting an application to an option school district after March 15 as provided in subsection III(A) of this Rule. The Board's adoption of a resolution does not preclude the Board from adopting a subsequent resolution with specific standards partially or wholly different from its previous resolution(s). The standards may include the capacity of a program, class, grade level, or school building, or the availability of appropriate special education programs and, in addition shall take into consideration any unique circumstances having an impact on enrollment capacity. Such unique circumstances having an impact on enrollment capacity shall include, but shall not be limited to, planned expansion and increases of enrollment, projected future enrollments, growth issues pertaining to instructional staff, class size and unassigned instructional space, housing construction projections, and planned accommodations for future enrollment growth. To facilitate option enrollment in the Learning Community, the District shall annually establish and report a maximum capacity for each District school building pursuant to procedures, criteria and deadlines established by the Learning Community Coordinating Council, and provide a copy of the standards for acceptance and rejection of applications and transportation policies for option students to the Learning Community Coordinating Council. 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 Neb. Rev. Stat. §79-266.01. Standards for acceptance or rejection of a request for release shall not include that a request occurred after the deadline set forth in subsection III(A) of this Rule. The District may by resolution declare a program, class, grade level, or school building unavailable to option students due to a lack of capacity. 

B. Priorities for Option Enrollment. Priority for acceptance of applications received shall be as follows: 

1. For applications received on or before the March 15th deadline: 

a. First priority for option enrollment shall be for siblings of option students enrolled in the District. 

b. Second priority shall be for enrollment of students who have previously been enrolled in the District as an open enrollment student. 

c. Third priority shall be for enrollment of students who reside in the Learning Community and who contribute to the socioeconomic diversity of enrollment at the school building to which the student will be assigned. 

d. Fourth priority shall be for enrollment of other students who reside in the Learning Community. 

e. The District shall not be required to accept a student meeting the priority criteria if the program, class, grade level, or school building is at capacity, except as provided in Neb. Rev. Stat. § 79-240 and subsection III(D)(7) of this Rule. 

2. In the event there are fewer spaces available than the number of applications in a given priority category, the selection shall be determined on a random basis. If the applications received for a school building exceed the remaining capacity of a school building, the District shall establish a wait list for all excess applications in the order of selection priority as hereinbefore provided, and option enrollment slots which become available shall be filled from the wait list in order. All wait lists will become null and void prior to the first day of school. 

3. For applications received after the March 15th deadline and for which space is available in the program, class, grade level, or school building, selection shall be based upon the date and time of submittal of the application to the District with the earliest date and time of submittal receiving priority. 

III. Application and Cancellation Process. 

A. Application. To attend an option school district, the student's parents or legal guardian shall submit an application to the board of education of the option school district between September 1 and March 15 for enrollment during the following school year. If the District is the option school district, the application shall be delivered to the office of the Superintendent or Superintendent's designee. Applications submitted after March 15 shall contain a release approval from the resident school district on the application form prescribed and furnished by the Department of Education. The option school district may not accept or approve any applications submitted after such date without such a release approval. The option school district shall provide the resident school district with the name of the applicant on or before April 1 or, in the case of an application submitted after March 15 as provided in subsection III(A)(9) of this Rule, within forty-five days after submission. 

1. The student’s parents or legal guardian shall use the application and cancellation forms furnished by the Department of Education. 

2. A separate application is required for each student. 

3. Applications shall be accepted for the immediately following school year only. 

4. Siblings of option students shall make their own independent application for attendance as an option student. 

5. A particular school within a school district may be requested, but the school assignment of the option student shall be determined by the option school district except as provided in subsection III(G)(1) of this Rule for open enrollment option students and Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school. 

6. A parent or guardian may provide information on the application regarding the applicant’s potential qualification for free or reduced-price lunches. Any such information provided shall be subject to verification and shall only be used for the purposes of Neb. Rev. Stat. § 79-238(4). Nothing in this subsection requires a parent or guardian to provide such information. Determinations about an applicant’s qualification for free or reduced-price lunches for purposes of Neb. Rev. Stat. § 79-238(4) shall be based on any verified information provided on the application. If no such information is provided, the student shall be presumed not to qualify for free or reduced-price lunches for the purposes of Neb. Rev. Stat. § 79-238(4). Each year the District shall randomly select at least three percent of the option enrollment applications accepted, for verification of free or reduced-price lunch status. The District may, in its discretion, audit to verify the free and reduced-price lunch status of all such applications. 

7. Applications for students who do not actually attend the option school district may be withdrawn in good standing upon mutual agreement by both the resident and option school districts. 

8. False or substantially 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 an application or to reject a previously accepted application if the rejection occurs prior to the student’s attendance as an option student. 

9. Students who relocate to a different resident school district after February 1, or whose option school district merges with another district effective after February 1, may submit an application to an option school district for attendance during the current or immediately following and subsequent school years. Such application does not require the release approval of the resident district and the option school district shall accept or reject such application within forty-five days. 

B. Cancellation. No option student shall attend an option school district for less than one (1) school year unless the student relocates to a different resident school district, completes requirements for graduation prior to the end of the student's senior year, transfers to a private or parochial school, or upon mutual agreement of the resident and option school district to cancel the enrollment option and return to the resident school district. Except as provided in the preceding sentence or, for open enrollment option students as provided in subsection III(G) of this Rule, the option student shall attend the option school district until graduation unless the student relocates in a different resident school district, transfers to a private or parochial school, or chooses to return to the resident school district. In case of cancellation, the student's parents or legal guardian shall provide written notification to the school boards of the option and resident school districts on forms prescribed and furnished by the Department of Education in advance of such cancellation. 

C. Waiver of Deadlines. Upon agreement of the school boards of the resident and option school districts, the deadlines for application and approval or rejection may be waived. 

D. Acceptance by District. 

1. The District shall accept or reject applications based on the capacity of the school building, the eligibility of the applicant for the school building program, the number of such applicants that will be accepted for a given school building, and in the order of selection priority as hereinbefore provided. 

2. The selection process shall be conducted on a “building by grade” basis. In the event the applications to a building exceed the capacity of such building, the selection shall be in the order of selection priority as hereinbefore provided. 

3. If all school buildings identified on an application are at maximum capacity but the District has buildings offering the same grades which have remaining capacity, the District may communicate with the student, parent or legal guardian and identify those school buildings within the District which have capacity, which the applicant may substitute for one or more school buildings identified on the submitted application. 

4. If the applications received for a school building exceed the remaining capacity of a school building, the District shall establish a wait list for all excess applications in the order of selection priority as hereinbefore provided, and option enrollment slots which become available shall be filled from the wait list in order. All wait lists will become null and void prior to the first day of school. 

5. The District may, in its discretion, accept option enrollment applications in excess of the maximum capacity of a school building, in the order of selection priority as hereinbefore provided. 

6. The District shall notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected on or before April 1 or, in the case of an application submitted after March 15 as provided in subsection III(A)(9) of this Rule, within forty-five days after submission. 

7. The following students shall be automatically accepted and the deadlines prescribed in Neb. Rev. Stat. § 79-234 shall be waived: 

a. Students who relocate in a different school district but want to continue attending the original resident school district and who have been enrolled in the original resident school district for the immediately preceding two (2) years. 

b. Option students who relocate in a different school district but want to continue attending the option school district. 

c. An option student who subsequently chooses to attend a private or parochial school and who is not an open enrollment option student shall be automatically accepted to return to either the resident or option school district upon the completion of the grade levels offered at the private or parochial school. If such student chooses to return to the option school district, the student’s parents or legal guardian shall submit another application to the option school district’s board of education which shall be automatically accepted, and the application deadlines shall be waived. 

E. Completion of Enrollment Processes. 

1. The parents or legal guardians of a student who has been accepted by the District for an option enrollment placement, must complete the District’s defined enrollment processes by May 15. Failure to complete the District’s defined enrollment processes by May 15 shall result in the forfeiture of the option enrollment slot by the applicant, and, if applicable, shall be filled from the District’s wait list. 

F. November Application Process. The District may accept option enrollment applications for enrollment to start second semester of the then current school year, in accordance with the following November application process. 

1. Such applications must be delivered between November 1 and December 1 to the office of the Superintendent or Superintendent’s designee. Such applications shall contain a release approval 

from the resident school district on the application form prescribed and furnished by the Department of Education. The District may not accept or approve any such applications without such a release approval. The District shall provide the resident school district with the name of the applicant on or before December 15. 

2. The application requirements as provided in subsections III(A)(1), (2), (4), and (6) through (9) of this Rule must be complied with. 

3. Such applications shall only be received for the program, class, grade level, or school building which the District has determined to have space available for second semester option enrollment. 

4. The District shall accept or reject such applications based on the number of option enrollment slots which the District has determined are available for second semester option enrollment, the eligibility of the applicant for the school building program, and in the order of selection priority as provided in subsections II(B)(1)(a) through (d) of this Rule. If such option enrollment slots still exist after the completion of the selection priority process, then those slots shall be filled on a random drawing basis from the existing applications on file. The District shall not establish a wait list for any excess applications. 

5. The District shall notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected on or before December 15. 

6. The parent or legal guardian of a student who has been so accepted for second semester option enrollment must complete the District’s defined enrollment processes by December 30. Failure to complete the District’s defined enrollment processes by December 30 shall result in the forfeiture of the second semester option enrollment slot by the applicant and such slot shall go unfilled. 

G. Open Enrollment Option Students. 

1. Each student attending a school building of the District as an open enrollment student pursuant to Neb. Rev. Stat. § 79-2110 for any part of the 2016-2017 school year shall be automatically approved as an open enrollment option student beginning with the 2017-2018 school year and allowed to continue attending such school building as an open enrollment option student without submitting an additional application. 

2. Except as provided in Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school, such approval as an open enrollment option student pursuant to this subsection does not permit the student to attend another school building within the District at the same grade level unless an application meeting the requirements prescribed in Neb. Rev. Stat. § 79-237 and this Rule is approved by the District. 

3. Upon approval of an application meeting the requirements prescribed in Neb. Rev. Stat. § 79-237, a student previously enrolled as an open enrollment student in the District shall be treated as an option student of the District without regard to his or her former status as an open enrollment student. 

4. In December of each year, the District shall mail to the parent or guardian of a student who is currently attending a District school building or program, except a magnet school, focus school, or focus program, as either an open enrollment option student or an option student, and who will complete the grades offered at such school building prior to the following school year, a notice stating the District school building that the student has been assigned to attend the following school year. If the student resides in the District, the assigned school shall be the school in the attendance area where the student resides. 

5. Except as otherwise provided in this subsection and Neb. Rev. Stat. §§ 79-234, 79-235, 79-237, 79-238 and 79-2110(3), open enrollment option students shall be treated as option students of the District. 

IV. Notification of Rejection of Application or Request for Release and Right to Appeal. If an application or request for release is rejected by the District in its capacity as an option or resident school district, the District shall provide written notification sent by certified mail to the parent or guardian stating the reasons for the rejection and the process for appealing such rejection to the State Board of Education. The parent or legal guardian may appeal the rejection to the State Board of Education within thirty (30) days after the date the notification of the rejection was received by the parent or legal guardian. 

V. Treatment of Option Students. For purposes of all duties, entitlements, and rights established by law, including special education as provided in Neb. Rev. Stat. § 79-1127, except as provided in Neb. Rev. Stat. § 79-241 and, for open enrollment option students, except as provided in subsection III(G) of this Rule, option students shall be treated as resident students of the option school district. 

VI. Accepting Credits. If the District is the option school district, it will accept credits toward graduation that were awarded by the resident school district. Further, the District shall award diplomas to option students if the student meets the District's graduation requirements. 

VII. Transportation or Reimbursement. This section constitutes the District’s specific standards for providing transportation for open enrollment option student and for option students for the 2017-2018 school year and the school years thereafter. 

A. Except as otherwise provided by law, Neb. Rev. Stat. § 79-611 and District Rule 3811.1 do not apply to the transportation of option students. 

B. The parent or legal guardian of the option student shall be responsible for transportation except as herein provided. 

C. Option students who qualify for free lunches shall be eligible for transportation reimbursement as described in Neb. Rev. Stat. § 79-611 from the District, except that they shall be reimbursed at the rate of one hundred forty-two and one-half percent of the mandatorily established mileage rate provided in Neb. Rev. Stat. § 81-1176 for each mile actually and necessarily traveled on each day of attendance by which the distance traveled one way from the residence of such student to the schoolhouse exceeds three miles. 

D. For open enrollment option students who received free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 79-611(2), the District shall continue to provide free transportation for the duration of the student’s status as an open enrollment option student or for the duration of the student’s enrollment in a pathway pursuant to Neb. Rev. Stat. § 79-2110(3) unless the student relocates to a resident school district that would have prevented the student from qualifying for free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 79-611(2). A student’s duration as an open enrollment option student and such free transportation thus end when a student has completed the grades offered in the open enrollment school building attended during the 2016-2017 school year, or the student is expelled and disqualified pursuant to Neb. Rev. Stat. § 79-266.01, or transportation services are suspended or revoked pursuant to District Policy 3817 for serious or repeated violations of the District’s Standards for Student Conduct, or the student discontinues enrollment in the District, or the student’s application for option enrollment is accepted by the District, or the student relocates to a resident school district that prevents the student from qualifying for free transportation. 

E. For option students verified as having a disability as defined in Neb. Rev. Stat. § 79-1118.01, the transportation services set forth in Neb. Rev. Stat. § 79-1129 shall be provided by the resident school district. 

VIII. Definitions. 

A. "Department of Education" shall mean the Nebraska State Department of Education. 

B. "Enrollment Option Program" shall mean the program established in Neb. Rev. Stat. § 79-234. 

C. “Learning Community” shall mean the Learning Community of Douglas and Sarpy Counties. 

D. “Open enrollment option student” shall mean a student who resides in a school district in the Learning Community, who attended a school building in another school district in the Learning Community as an open enrollment student, and who is allowed to continue to attend such school building as an open enrollment option student without submitting an additional application for option enrollment until the student completes the grades offered in such school building or unless the student has been expelled and is disqualified pursuant to Neb. Rev. Stat. § 79-266.01. 

E. "Option school district" shall mean the public school district that a student chooses to attend other than the student's resident school district. 

F. "Option student" shall mean a student that has chosen to attend an option school district, including an open enrollment option student or a student who resides in the Learning Community and began attendance as an option student in an option school district in such Learning Community prior to the 2009-2010 school year, but for school years prior to the 2017-2018 school year does not include a student who resides in the Learning Community and who attends another school district in the Learning Community as an open enrollment student. 

G. "Parents" shall mean, in the case of parents who are divorcing or divorced, the custodial parent. 

H. "Resident school district" shall mean the public school district in which a student resides or the school district in which the student is admitted as a resident of the school district pursuant to Neb. Rev. Stat. § 79-215. 

I. "Siblings" shall mean all children residing in the same household on a permanent basis who have the same mother or father or who are stepbrother or stepsister to each other. 

J. “Student who contributes to the socioeconomic diversity of enrollment” shall mean a student who does not qualify for free or reduced-price lunches when based upon the certification pursuant to Neb. Rev. Stat. § 79-2120, the school building the student will be assigned to attend either has more students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community or provides free meals to all students pursuant to the community eligibility provision, or a student who qualifies for free or reduced-price lunches based on information collected voluntarily from parents and guardians pursuant to Neb. Rev. Stat § 79-237 when, based upon the certification pursuant to Neb. Rev. Stat. § 79-2120, the school building the student will be assigned to attend has fewer students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community and does not provide free meals to all students pursuant to the community eligibility provision. 

Date of Adoption
January 8, 1996
Date of Revision
August 5, 1996
August 21, 2000
August 6, 2001
June 1, 2015
September 19, 2016
February 19, 2018
Reaffirmed
April 7, 2008

5100.4: Enrollment of Students - Foreign Exchange Students

5100.4: Enrollment of Students - Foreign Exchange Students holly Thu, 07/11/2019 - 08:55

I. Admission 

A. The District will annually approve foreign exchange programs prior to considering and admitting foreign exchange students for the ensuing school year. All foreign exchange agencies must be certified through the Council on Standards for International Educational Travel. The Board will be provided with a written list of the foreign exchange programs approved by the District.

B. The District will accept a maximum of nine (9) students from foreign nations through the District's approved foreign exchange programs unless otherwise determined by the Superintendent or designee. 

C. Foreign exchange students must be at least sixteen (16) years old, but not older than nineteen (19) years old, on or by September 1st of the school year in which the student is going to enroll in the District. Foreign exchange students must not have graduated from high school (or an equivalent educational institution) prior to enrollment in the District.

D. Complete application portfolios will be accepted on a first come first served basis in the Office of Student Services beginning on the first day of school of the preceding school year of attendance. All application portfolios must include the following:

i. Student demographic information to include a Birth Certificate or Passport. 

ii. Student Health information to include immunization records. All foreign exchange students must meet the minimum immunization requirements for the State of Nebraska.

iii. Host family application and information to include address and length of stay.

iv. Documentation of financial support and assurance that the student is covered by health insurance.

v. A complete transcript and brief explanation of the transcript.


vi. The name and contact information of the local exchange program liaison

E. No foreign exchange student will be enrolled in the District until the foreign exchange student has provided the District with all records and information requested by the District. Foreign exchange students must also comply with any health requirements imposed by state or other governing law. 

F. To be enrolled, acceptance by the District of foreign exchange students must be made prior to the commencement of the school year; no acceptance of foreign exchange students will be made during the school year.

G. Upon acceptance, the host family must contact the assigned high school to complete additional enrollment and scheduling processes.

H. The Millard Public Schools is not responsible for finding host families for foreign exchange students.

II. Requirements During Attendance in the District 

A. Foreign exchange students must reside in the District during the school year.

B. With the exception of providing activity tickets, no District funds will be expended on foreign exchange students unless expressly authorized by the Board. 

C. If practicable, placement of more than one student of a particular foreign nationality in the same high school will be avoided. 

D. Foreign exchange students completing twelfth grade in the District will be provided with an honorary Diploma. If a foreign exchange student wishes to receive a District high school diploma, the student must make application to the school principal at the beginning of the school year, and must successfully complete District graduation requirements.

E. The Millard Public Schools will not provide English-as-a-second-language instruction to foreign exchange students. 

F. Foreign exchange students are subject to all district policies and rules.

Date of Adoption
January 8, 1996
Date of Revision
August 21, 2000
June 1, 2015
Reaffirmed
September 13, 1999
April 7, 2008

5100.5: Enrollment of Students - Student's Surname

5100.5: Enrollment of Students - Student's Surname holly Thu, 07/11/2019 - 09:03

I. Rules Governing Student Surnames


A. Enrollment 


Students enrolling in the District will be enrolled using the surname used in the student's birth certificate unless the student's surname has been changed by a court of competent jurisdiction in which case the District will use the surname ordered by such court.

B. District Records 


When preparing or filling out records pertaining or relating to a District student, the District will use the surname used in the student's birth certificate unless the student's surname has been changed by a court of competent jurisdiction in which case the District will use the surname ordered by such court.

Date of Adoption
March 4, 1996
Date of Revision
August 21, 2000
May 18, 2015
Reaffirmed
April 7, 2008

5100.6: Enrollment of Students - Enrollment Information

5100.6: Enrollment of Students - Enrollment Information holly Thu, 07/11/2019 - 09:11

I. Collection of Information


At the beginning of each school year, the District will collect enrollment information on paper report forms to provide a baseline for judging the accuracy of the District’s computerized database. Paper reports will be used on the third school day and on September 20th; computerized records will be used thereafter.

When a student enrolls during the school year, the principal or principal’s designee will be responsible for collecting the applicable census data for all the children in that student’s family. The District’s administration may develop and implement guidelines and procedures to assist school principals or the principals’ designee in obtaining the appropriate census and enrollment information.

II. Contents and Timelines of Enrollment Reports 


An accurate enrollment report will be accessible to authorized users on or by the 20th day of each month. It will be the responsibility for each District school to ensure that each student is properly recorded in the District’s database.

Student database information shall include each student’s:

A. Grade, teacher (for elementary grade students), race, and sex;

B. Status (whether the student has been added to or dropped from enrollment in the District); and

C. Housing subdivision.

Date of Adoption
April 21, 1997
Date of Revision
August 21, 2000
May 18, 2015
Reaffirmed
April 7, 2008

5100.7: Enrollment of Children in Preschool Programs

5100.7: Enrollment of Children in Preschool Programs holly Thu, 07/11/2019 - 09:14

I. Qualified children may apply for participation in the District’s preschool programs. Qualified children meet the following criteria:

A. Resident Requirement: Children must reside in the District or have one parent residing in the District.

B. Age Requirement: The District shall not admit any child into preschool unless such child has reached the age of four (4) years or will reach such age on or before July 31 of the current school year. Children who have reached the age of five (5) years on or before July 31 of the current school year are not preschool eligible. 

II. Applications shall be made in accordance with the following application procedures:

A. Applications Open: Applications may be submitted to the Office of Educational Services after September 15 of the year preceding. 

B. Applications Deadline: The deadline for applications is February 15 of the preceding school year.

III. Applications for a preschool program will be approved and placements will be made in the following order: 

A. Qualified children whose family income qualifies them for participation in the federal free or reduced lunch program; English learner; children who demonstrate an academic need; children whose parents are younger than eighteen; children who were born prematurely or at a low birth weight as verified by a physician; children enrolled in Head Start; children of homeless families; foster children; and children of migrant families. 

B. Remaining slots are available for parent pay children subject to NDE Rule 11 and placement will be made in the following order.
i. Qualified children in the school attendance area.
ii. Qualified siblings of children enrolled in the building or program.
iii.Qualified children from elsewhere in the District.

C. In the event that the applications for a preschool program exceed capacity, then a random drawing in the order outlined in Section III(A) above will determine which applications are approved. 

D. The District reserves the right to accept preschool enrollment on an as available basis once the school year begins.

IV. Limitations and Restrictions on Student Eligibility

A. Qualified resident children who are accepted into a preschool program will be assigned back to their home school for kindergarten. If parents wish to enroll their child in a building other than the assigned school, they may apply via the District’s K-12 Within-District Transfer Policy.

B. Students who are accepted into a preschool program may transfer to another preschool program during the current school year only if an opening is available and there is not a wait list. Students may apply for a different preschool program for the subsequent year by following the application steps outlined in Section II above. Applications will be processed in accordance with Section III(A) above.

C. Students who move out of the district do not meet eligibility requirements and are no longer qualified to participate in the District's preschool programs. Such students will be disenrolled from the program.

V. Transportation

A. Transportation for children must be provided by the child's parents or legal guardian unless as otherwise required by law.

VI. Exceptions

A. The District recognizes the configuration of educational groupings unique to specific preschool programs. Such unique configurations may result in the continued participation in said program until such time as the next program grouping is encountered. The District reserves the right to make this determination annually based upon program capacity and other pertinent factors. 

B. Nebraska Department of Education Rule 11 requires Title I funded programs to include children verified as having disabilities pursuant to 92 NAC 51 and to maximize the participation of economically and categorically diverse groups of children. 

VII. Program Qualifications

A. All Early Childhood Programs shall comply with Nebraska Department of Education Rule 11.

B. Nebraska Department of Education Rule 11 states that grant funds shall be targeted toward serving children regardless of their abilities, disabilities, or the social, linguistic, or economic diversity of the children's families. 

C. Early Childhood Special Education services are provided for eligible children birth to age five based upon evaluation of the child’s development. This program is only available to resident children, and children who have at least one parent residing in the District.

D. Montessori Preschool: Open to three and four year olds that have reached that age on or before July 31 of that school year. This program follows the Montessori curriculum and methodologies. Parents may apply to enroll their child in another Montessori Preschool program site for the subsequent year by following the application steps outlined in Section II above. Applications will be processed in accordance with Section III(A) above.

Date of Adoption
December 7, 2009
Date of Revision
December 6, 2010
December 19, 2011
June 3, 2019

5100.8: Enrollment of Students - Learning Community Open Enrollment

5100.8: Enrollment of Students - Learning Community Open Enrollment holly Thu, 07/11/2019 - 09:17

I. General Statement 

A. For school years prior to the 2017-2018 school year, Nebraska law provides kindergarten through twelfth grade students residing within any member school district of the Learning Community of Douglas and Sarpy Counties with the opportunity for open enrollment in school buildings in the Learning Community, subject to specific limitations necessary to bring about socioeconomic diverse enrollments in school buildings in the Learning Community. Pursuant to LB 1067 (2016), however, and for school years beginning with the 2017-2018 school year and thereafter, such open enrollment is discontinued and a transition is made back to option enrollment. Sections I (B) through XIV and XVI of this Rule govern open enrollment and open enrollment students for school years prior to the 2017-2018 school year. Section XV of this Rule and District Rule 5100.3 and LB 1067 (2016) govern the transition back to and option enrollment for the 2017-2018 school year and subsequent school years. Notwithstanding anything in this Rule seemingly to the contrary, no term or provision of this Rule shall be construed, interpreted, or applied in any manner which continues open enrollment beyond the 2016-2017 school year.

B. Open enrollment shall be administered under the direction of the District’s Superintendent, and the Superintendent shall serve as the designee of the District’s Board of Education for any matters involving open enrollment to be acted upon by the Board, except as otherwise required by law or hereinafter provided.

II. Application Process 

A. For a student to attend the District as a Learning Community open enrollment student for school years prior to the 2017-2018 school year, the student, parent or legal guardian shall submit an application to the District from the time the application is made available by the Learning Community and 5:00 p.m. on March 15 of each year prior to 2017 for open enrollment for the next school year. All such applications must either be postmarked by March 15 of each year prior to 2017 or personally delivered to the District’s Superintendent’s Office, 5606 South 147th Street, Omaha, NE 68137, by 5:00 p.m. on March 15 of each year prior to 2017.

B. Application forms shall be those prescribed by the Learning Community Coordinating Council and may be obtained from the Learning Community, 1612 North 24th Street, Omaha, NE 68110, (402) 964-2405, www.learningcommunityds.org, or from the District’s Superintendent’s Office, 5606 South 147th Street, Omaha, NE 68137, (402) 715-8300. A separate open enrollment application is required for each student. Up to three, open enrollment, school buildings in the District may be listed on the open enrollment application, and shall be listed in the order of preference. 

C. Applications shall be accepted for the immediately following school year only for school years prior to the 2017-2018 school year. Applications will be dated upon receipt and processed in the order received. 

D. If all school buildings identified on an open enrollment application are at maximum capacity but the District has buildings offering the same grades which have remaining capacity, the District shall contact the student, parent or legal guardian and identify those school buildings within the District which have capacity, which the applicant may substitute for one or more school buildings identified on the submitted open enrollment application.

E. The District shall act on or before April 1 of each year prior to 2017 to accept or reject each application based on the capacity of the school building, the eligibility of the applicant for the school building or program, the number of such applicants that will be accepted for a given school building, and whether or not the applicant contributes to the socioeconomic diversity of the school building or program to which he or she has applied and for which he or she is eligible. The District shall notify the student, parent or legal guardian in writing of the acceptance or rejection of the application on or before April 5 of each year prior to 2017. If the application is denied, the reasons for the denial shall be stated. Copies of all open enrollment applications shall also be provided to the resident school district and the Learning Community on or before April 5 of each year prior to 2017.

F. The student, parent or legal guardian must notify the District on or before April 25 of each year prior to 2017 of their acceptance of such open enrollment placement. Such acceptance must be on a form provided by the District and must be postmarked by April 25 of each year prior to 2017 or personally delivered to the District’s Superintendent’s Office, 5606 South 147th Street, Omaha, NE 68137, (402) 715-8300, by 5:00 p.m. on April 25 of each year prior to 2017. If such notice of acceptance is not received by April 25 of each year prior to 2017, the District shall make two documented attempts to contact the student, parent, or legal guardian in order to determine the status of the application. If the District does not receive a notice of acceptance of such open enrollment placement or is unable to make contact with the student, parent, or legal guardian by May 1 of each year prior to 2017, the open enrollment slot shall be determined vacant and forfeited, and if applicable, shall be filled from the District’s wait list.

G. Students, parents or legal guardians who have accepted an open enrollment placement must complete the District’s defined enrollment processes by May 15 of each year prior to 2017. Failure to complete the District’s defined enrollment processes by May 15 of each year prior to 2017 shall result in the forfeiture of the open enrollment slot by the applicant, and, if applicable, shall be filled from the District’s wait list.

H. Pursuant to LB 1067 (2016) and for school years beginning with the 2017- 2018 school year and thereafter, open enrollment is discontinued and a transition is made back to option enrollment. No applications for open enrollment for the 2017-2018 school year and for any subsequent school years will therefore be accepted or acted upon by the District.

III. Acceptance or Rejection of Applications 

A. The District shall accept or reject applications for open enrollment for school years prior to the 2017-2018 school year based on the capacity of the school building, the eligibility of the applicant for the school building or program, the number of such applicants that will be accepted for a given school building, and whether or not the applicant contributes to the socioeconomic diversity of the school building or program to which he or she has applied and for which he or she is eligible.

B. The selection process for open enrollment applications shall be conducted on a “building by grade” basis, and according to the following selection priorities. 

1. The District shall give first priority for open enrollment to siblings of students who will be enrolled as continuing students in the requested school building or program for the first school year for which enrollment is sought in such school building.

2. Second priority for open enrollment shall be given to students who contribute to the socioeconomic diversity of the enrollment of the building they have applied to attend, up to the remaining capacity of such school building.

3. Third priority for open enrollment shall be given to students who do not contribute to the socioeconomic diversity of enrollment of the building they applied to attend, up to the remaining capacity of such school building.

4. In the event there are fewer spaces available than the number of applications in a given priority category, the selection shall be determined on a random basis.

5. If the open enrollment applications received for a school building exceed the remaining capacity of a school building, the District shall establish a wait list order for all excess applications by random selection and in the order of selection priority as hereinbefore provided, and open enrollment slots which become available shall be filled from the wait list in order. All wait lists will become null and void prior to the first day of school.

6. The District may, in its discretion, accept open enrollment applications in excess of the maximum capacity of a school building, in the order of selection priority as hereinbefore provided.

IV. Continuing Students

A. 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 open enrollment student through the 2016-2017 school year. Pursuant to LB 1067 (2016), however, and for school years beginning with the 2017-2018 school year and thereafter, open enrollment is discontinued and a transition is made back to option enrollment. Section XV of this Rule and District Rule 5100.3 and LB 1067 (2016) govern the transition back to and option enrollment for the 2017-2018 school year and subsequent school years. Notwithstanding anything in this Rule seemingly to the contrary, no term or provision of this Rule shall be construed, interpreted, or applied in any manner which continues open enrollment beyond the 2016- 2017 school year.

B. In December of 2016, the District shall mail notice to a parent or guardian of a student who is currently attending a District school building or program, except a magnet school, focus school, or focus program, 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, a notice stating the District school building that the student has been assigned to attend the following year. If the student resides within the District, the assigned school shall be the school in the attendance area where the student resides.

V. Duties to Students

Open enrollment students, once accepted, shall be treated as resident students by the District in all matters except transportation and within-District transfer, and except as provided in District Rule 5100.3 and LB 1067 (2016). 

VI. Credits and Graduation 

The District will accept credits toward graduation that were awarded by another accredited school district. The District will award a diploma to an open enrollment student if the student meets the graduation requirements of the District. 

VII. Students Ineligible for Open Enrollment 

Students who have been disqualified from the school building pursuant to the District’s Standards for Student Conduct, shall not be eligible for open enrollment pursuant to this Rule. Students may also not apply to attend a school building in the Learning Community for any grades that are offered by another school building for which the student had previously applied and been accepted pursuant to open enrollment, absent a hardship exception approved by the District. 


VIII. New Residence 

Prior to the beginning of the 2017-2018 school year, a parent of a student who moves to a new residence in the Learning Community after April 1 may apply directly to the District’s Superintendent within ninety days after moving for the student to attend a school building outside of the attendance area where the student resides. The District’s Superintendent shall accept or reject such application within fifteen days after receiving the application, based on the number of applications and the qualifications required for all other students. 

IX. School Building Change for Emergency or Hardship Reasons 

A. A parent of a student who wishes to change school buildings for emergency or hardship reasons may apply directly to the District’s Superintendent 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 District. The District’s Superintendent shall accept or reject such application within fifteen days after receiving the application. Applications shall only be accepted if an emergency or hardship was presented which justified an exemption from the procedures of this Rule based on the judgment of the District’s Superintendent, and such acceptance shall not exceed the number of applications that will be accepted for the school year for such building.

B. For purposes of this Rule, hardship exceptions and emergency or hardship reasons shall be determined on an individual basis by the Board of Education. 

X. Information on and Verification of Qualifications for Free or Reduced-Price Lunch

A. A parent may provide information on the application for open enrollment regarding the applicant’s potential qualification for free or reduced-price lunches. Any such information provided shall be subject to verification and shall only be used for the purposes of open enrollment. A parent is not required to provide such information. Determinations about an applicant’s qualification for free or reduced-price lunches for purposes of open enrollment shall be based on any verified information provided on the application. If no such information is provided the student shall be presumed not to qualify for free or reduced-price lunches for the purposes of open enrollment.

B. Each year the District shall randomly select at least three percent of the open enrollment applications accepted, for verification of free and reduced- price lunch or non-free and reduced-price lunch status. The District may, in its discretion, verify the free and reduced-price lunch status of all such applications.

XI. Transportation or Allowance 

A. The parents or legal guardians of students participating in the open enrollment program shall be responsible for required transportation except as herein provided.

B. For school years prior to the 2017-2018 school year, the District shall provide free transportation or pay an allowance for transportation in lieu of free transportation for a student who resides in the Learning Community and attends school in the District pursuant to open enrollment, if the student qualified for free or reduced-price lunches and lives more than one mile from the school to which he or she transfers, or the student is a student who contributes to the socioeconomic diversity of enrollment at the school building he or she attends and lives more than one mile from the school to which he or she transfers, or the student is attending a focus school or program approved by the Learning Community and lives more than one mile from the school to which he or she transfers, or the student is attending a focus school or program approved by the Learning Community and lives more than one mile from the school building housing such focus school or program approved by the Learning Community, or the student is attending a magnet school or program approved by the Learning Community and lives more than one mile from the magnet school or the school housing the magnet program approved by the Learning Community.

C. The transportation allowance which may be paid to the parent, custodial parent, or guardian of students qualifying for free transportation pursuant to the above Section XI(B), shall be in accordance with the requirements of Neb. Rev. Stat.§§ 79-611(3) and (4) as amended.

D. Transportation or reimbursement for open enrollment option students and for option students for the 2017-2018 school year and the school years thereafter, shall be governed by subsection XV(F) of this Rule and Section 
VII of District Rule 5100.3.

XII. Maximum Capacity of School Buildings 

A. On or before March 1 of each year prior to 2017, the District shall have completed and submitted an Enrollment Capacity Data Worksheet for each school building in the District to the Learning Community Coordinating Council, reporting the maximum capacity and total projected enrollment, including intradistrict transfers, if any, before open enrollment for each school building for the following year.

B. In establishing a maximum capacity for each school building, the District shall follow the specific criteria, procedures, definitions and instructions set forth in the Diversity Plan of the Learning Community and the Learning Community’s Enrollment Capacity Data Sheets, and, in addition, shall take into consideration any unique circumstances having an impact on enrollment capacity. Such unique circumstances having an impact on enrollment capacity shall include, but shall not be limited to, planned expansion and increases of enrollment, projected future enrollments, growth issues pertaining to instructional staff, class size and unassigned instructional space, housing construction projections, and planned accommodations for future enrollment growth.

XIII. Promotional Efforts and Information 

A. The District will collaborate with the Learning Community and with the other member school districts of the Learning Community, in promotional efforts to encourage open enrollment participation.

B. On or before February 15 of each year prior to 2017, the District shall make available to the general public certain information, in compliance with the applicable requirements of the Learning Community’s Diversity Plan, for each school building operated by the District, by sending such required information to the Learning Community for dissemination to the general public. 

XIV. Open Enrollment Report 

On or before September 1 of each year prior to 2017, the District shall provide to the Learning Community Coordinating Council a complete and accurate report of all open enrollment applications received, including the number of students who applied at each grade level at each building, the number of students accepted at each grade level at each building, the number of such students that contributed to the socioeconomic diversity that applied and were accepted and were accepted, the number of applicants denied and the rationales for denial, and other such information as requested by the Learning Community Coordinating Council. 

XV. Discontinuance of Open Enrollment and Transition Back to Option Enrollment

A. Pursuant to LB 1067 (2016) and for school years beginning with the 2017- 2018 school year and thereafter, open enrollment is discontinued and a transition is made back to option enrollment. This Section and District Rule 5100.3 and LB 1067 (2016) govern the transition back to and option enrollment for the 2017-2018 school year and subsequent school years. Notwithstanding anything in this Rule seemingly to the contrary, no term or provision of this Rule shall be construed, interpreted, or applied in any manner which continues open enrollment beyond the 2016-2017 school year.

B. Each student attending a District school building as an open enrollment student for any part of the 2016-2017 school year shall be automatically approved as an open enrollment option student beginning with the 2017- 2018 school year and allowed to continue attending such school building as an open enrollment option student without submitting an additional application.

1. Such approval as an open enrollment option student and such continued attendance at such District school building does not permit the student to attend another school building in the District at the same grade level unless an option enrollment application meeting the requirements prescribed in Neb. Rev. Stat. § 79-237 and District Rule 5100.3 is approved by the District.

2. In December of 2016, the District shall mail to the parent or guardian of a student attending a District school building as an open enrollment student who will complete in the 2016-2017 s school year the grades offered in such school building, a notice stating the District school building that the student has been assigned to attend the following school year. If the student resides in the District, the assigned school shall be the school in the attendance area where the student resides.

3. In December of 2017 and each year thereafter, the District shall mail to the parent or guardian of a student attending a District school building as an open enrollment option student who will complete in the 2017-2018 school year or the school years thereafter the grades offered in such school building, a notice stating the District school building that the student has been assigned to attend the following school year. If the student resides in the District, the assigned school shall be the school in the attendance area where the student resides. 

C. Except as provided in Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school, open enrollment option students are not permitted to attend another school building within the District at the same grade level unless an option enrollment application is approved by the District as provided in District Rule 5100.3. 

D. Upon approval of an option enrollment application, a student previously enrolled as an open enrollment student in the District shall be treated as an option student of the District without regard to his or her former status as an open enrollment student.

E. Except as otherwise provided in District Rule 5100.3(III)(F) and Neb. Rev. Stat. §§ 79-234, 79- 235, 79-237, 79-238 and 79-2110(3), open enrollment option students shall be treated as option students of the District.

F. For open enrollment option students who received free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 76-611(2), the District shall continue to provide free transportation for the duration of the student’s status as an open enrollment option student or for the duration of the student’s enrollment in a pathway pursuant to Neb. Rev. Stat. § 79- 2110(3) unless the student relocates to a resident school district that would have prevented the student from qualifying for free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 79-611.

1. A student’s duration as an open enrollment option student and such free transportation thus end when the student has completed the grades offered in the school building attended for the 2016-2017 school year, or the student is expelled and disqualified pursuant to Neb. Rev. Stat. § 79-266.01, or the student discontinues enrollment in the District, or the student’s application for option enrollment is accepted by the District, or the student relocates to a resident district that prevents the student from qualifying for free transportation. 

XVI. Definitions

A. “ Open enrollment option student” shall mean a student who resides in another school district in the Learning Community, attended a school building in the District as an open enrollment student, and who is allowed to continue to attend such District school building as an open enrollment option student without submitting an additional application for option enrollment until the student completes the grades offered in such school building or unless the student has been expelled and is disqualified pursuant to Neb. Rev. Stat. § 79-266.01.

B. “Parent” shall mean, in the case of parents who are divorcing or divorced, the custodial parent.

C. “Resident school district” shall mean the public school district in which a student resides and which is a member school district of the Learning Community of Douglas and Sarpy Counties.

D. “Sibling” shall mean all children residing in the same household on a permanent basis who have the same mother or father or who are stepbrother or stepsister to each other.

E. “Student who contributes to the socioeconomic diversity of enrollment” means a student who does not qualify for free or reduced-price lunches when, based upon the certification pursuant to Neb. Rev. Stat. §79-2110, the school building the student will attend has more students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community, or a student who qualifies for free or reduced-price lunches when, based upon the certification pursuant to Neb. Rev. Stat. §79-2110, the school building the student will attend has fewer students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community.
 

Date of Adoption
December 21, 2009
Date of Revision
May 3, 2010
December 6, 2010
June 1, 2015
September 19, 2016

5100.9: Enrollment of Homeless Children and Youths

5100.9: Enrollment of Homeless Children and Youths holly Thu, 07/11/2019 - 09:21

I. The District will comply with the federal and state laws regarding homeless children and youths. 

A. "Homeless child or youth" shall mean:

1. An individual who lacks a fixed, regular, and adequate nighttime residence; and

a. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals. 

b. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, within the meaning of 42 U.S.C. § 11302(a)(2)(c); 

c. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

d. Migratory children, as defined in 20 U.S.C. § 6399, who qualify as homeless because the children are living in circumstances described in subsections I (A)(1)(a)-(c) above.

B. The term “homeless child or youth” does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State law. 

II. Homeless Coordinator. The District’s designated Homeless Coordinator is the Director of Student Services. The Homeless Coordinator shall serve as the school liaison for homeless children and youth. 

A. Responsibilities. The responsibilities of the Homeless Coordinator are to assist with the identification, enrollment, and placement of homeless children and youth, and to provide support and staff development activities to all school personnel regarding the educational rights and needs of homeless children and youth, as needed. The Homeless Coordinator shall ensure that: 

1. Homeless children and youths are identified by school personnel and through outreach and coordination activities with other entities and agencies; 

2. Homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in schools of the District and to meet the same State academic standards to which all student are held; 

3. Homeless children and youths and their families have access to and receive educational services for which they are eligible and referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; 

4. The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children; 

5. Written notices are provided in accordance with federal law and public notices of the educational rights of homeless children and youths are disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; 

6. Enrollment disputes are mediated in accordance with Section VI of this Rule; 

7. The parents or guardians of homeless children and youths, and any unaccompanied youth, are fully informed of transportation services available under law; 

8. Unaccompanied youths are enrolled in school, have opportunities to meet the same State academic standards as the State establishes for other children and youth, and that unaccompanied youth are informed of their status as independent students under the Higher Education Act of 1965 and may obtain assistance from the Homeless Coordinator to receive verification of such status for purposes of the free application for federal aid pursuant to 20 U.S.C. § 1090. 

B. Coordination. The Homeless Coordinator shall coordinate with State coordinators and community organizations as well as school personnel responsible for the provision of education and related services to homeless children. Coordination activities with area shelters and other homeless service providers are to be established by the Homeless Coordinator. 

C. Financial. In conjunction with the Business Office, the Homeless Coordinator shall ensure that financial records are maintained to show expenditures are for authorized activities. 

D. Program Activities. The Homeless Coordinator shall design program activities to meet the greatest need as determined by the District and homeless service providers. 

E. Documentation. The Homeless Coordinator shall document the number of homeless children and youth receiving services. 

F. Student Records. The Homeless Coordinator shall ensure that any record ordinarily kept related to students, including immunization and other required health and medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, shall be maintained so that the records of a homeless child or youth are available, in a timely fashion, when the child or youth enters a new school or school district and in a manner consistent with the Family Educational Rights and Privacy Act. 

III. Enrollment and Placement of Homeless Children and Youth. The enrollment and placement of homeless children and youths shall be in compliance with federal and state laws. 

A. Enrollment. A homeless child or youth shall be immediately enrolled even if the child or youth is unable to produce records normally required for enrollment. Lack of previous school records, immunization and other required health and medical records, birth certificate, or other documentation from the previous school will not delay the enrollment of a homeless child or youth. Guardianship issues, uniform or dress code requirements, and residency requirements will not be an obstacle to delay or deny enrollment. The District may nonetheless require the parent or guardian of the homeless child or youth to submit contact information. 

B. Obtaining Records. The District shall immediately contact the school last attended by the homeless child or youth to obtain relevant academic and other records. If the homeless child or youth needs to obtain immunizations or other required health or medical records, the District shall immediately refer the parent or guardian of the homeless child or youth to the Homeless Coordinator, who shall assist in obtaining necessary immunizations or screenings, or the immunization or other required health or medical records. 

C. Placement. Placement decisions for a homeless child or youth shall be made according to the District’s determination of the child’s or youth’s best interest. 

1. In determining the best interest of the child or youth, the District shall: 

a. Presume that keeping the child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the child’s or youth’s parent or guardian; and 

b. Consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian; and 

c. If after conducting the best interest determination based on consideration of the presumption and the student-centered factors, the District determines that it is not in the child’s or youth’s best interests to attend the school of origin or the school requested by the parent or guardian, the District shall provide the child’s or youth’s parent or guardian with a written explanation of the reasons for the determination, in a manner and form understandable to such parent or guardian, including information regarding the right to appeal. 

2. If placed in the school of origin, the placement shall continue for the duration of the child’s or youth’s homelessness. If the child or youth becomes permanently housed (no longer homeless) during the school year the placement in the school of origin will be continued for the remainder of that school year. When the child or youth completes the final grade level served by the school of origin, the District designated receiving school at the next grade level shall become the school of origin. 

3. If the homeless child is an unaccompanied youth, the Homeless Coordinator shall assist in the placement decision, give priority to the views of the unaccompanied youth, and, if it is determined not to be in the unaccompanied youth’s best interests to attend the school of origin or the school requested by the unaccompanied youth, provide the unaccompanied youth with a written explanation of the reasons for the determination, in a manner and form understandable to such unaccompanied youth, including information regarding the right to appeal. 

4. The grade placement for the homeless child or youth will be the appropriate grade level as determined by the building principal or designee using the same procedures that are used for placing non- homeless children or youths attending that school. 


IV. Educational Services and Stigmatization or Segregation. It is the District’s policy that homeless children and youths not be stigmatized or segregated on the basis of their status as homeless. Homeless children and youths will be provided the same free appropriate public education as other students. Homeless children and youths will be provided services comparable to services offered to other students in the school in which the homeless child or youth has been placed, including transportation services, educational services for which the student meets the eligibility criteria, such as services provided under Title I, educational programs for children with disabilities, educational programs for English language learners, programs in vocational, career and technical education, programs for gifted and talented students, and school nutrition programs. 

V. Transportation. Transportation will be provided to homeless children and youths to the extent required by law. 

A. Comparable Service. Transportation will be provided to homeless children and youths comparable to that provided to students who are not homeless. 

B. School of Origin. When a homeless child or youth attends the school of origin, transportation will be provided to and from the school of origin upon request of the parent or guardian of the homeless child or youth, or upon request of the Homeless Coordinator in the case of an unaccompanied youth. If the homeless child or youth relocates out of the District but continues to be enrolled in the District based on it being the school of origin, the District will negotiate with the school district in which the child or youth is residing to develop a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If agreement is not reached, the responsibility and cost for transportation shall be shared equally. 

C. Eliminate Barriers. Transportation will be provided when necessary to eliminate barriers to school enrollment and retain children and youths experiencing homelessness. 

VI. Dispute Resolution Procedures. 

A. If a parent, guardian, or other person having legal or actual charge or control of a homeless child or youth has any complaint or dispute regarding eligibility, the educational placement, or enrollment of such homeless child or youth, the following procedures shall be followed so as to promptly resolve the complaint or dispute. 

1. The homeless child or youth and the parent or guardian shall be referred to the Director of Student Services and they will be required to submit a written dispute statement to the Director of Student Services. 

2. When it is determined that additional information would be helpful, the Director of Student Services will schedule a meeting within ten (10) days, or such time as practicable, at which time the homeless child or youth and parent or guardian will be given the opportunity to provide information in support of their position. 

3. The Director of Student Services will contact school officials and others as determined appropriate to obtain information to corroborate the information provided in support of the positions of the homeless child or youth and parent or guardian and the District. 

4. The Director of Student Services will provide a written response and explanation of a decision regarding the dispute within thirty (30) calendar days after receiving the dispute statement. 

5. The written response and explanation of the decision will include a notice of the right to appeal using the appeal process provided in Nebraska Department of Education Rule 19. 

B. During the time such a complaint or dispute is being considered, including all available appeals, the homeless child or youth shall be enrolled in the school where enrollment is sought.

Date of Adoption
July 11, 2011
Date of Revision
January 23, 2012
September 5, 2017