Nebraska Revised Statute 79-234: An enrollment option program is hereby established to enable any kindergarten through twelfth grade Nebraska student to attend a school in a Nebraska public school district in which the student does not reside subject to the limitations prescribed in section § 79-238. The option shall be available once during elementary school, once during middle school or junior high school, and once during high school for a total of three times to each student, except that the option does not count toward such limitation if such option meets, or met at the time of the option, one of the following criteria: (a) The student relocates to a different resident school district, (b) the option school district merges with another district, (c) 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, (d) the option would allow the student to continue current enrollment in a school district, (e) the option would allow the student to enroll in a school district in which the student was previously enrolled as a student, or (f) the student is an open enrollment option student.
As defined in Neb Rev. Stat. § 79-238, to facilitate option requests, school districts will establish capacity enrollments for each school building. A district may declare a program, a class, or a school unavailable to option students due to lack of capacity. Standards shall not include previous academic achievement, athletic or other extracurricular ability, disabilities, proficiency in the English language, or previous disciplinary proceedings except as provided in section 79-266.01. False or substantively misleading information submitted by a parent or guardian on an application to an option school district may be cause for the option school district to reject a previously accepted application if the rejection occurs prior to the student's attendance as an option student.
Capacity for special education services operated by an option school district shall be determined on a case-by-case basis. If an application for option enrollment received by a school district indicates that the student has an individualized education program under the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., or has been diagnosed with a disability as defined in section 79-1118.01, such application shall be evaluated by the director of special education services of the school district or the director's designee who shall determine if the school district and the appropriate class, grade level, or school building in such school district has the capacity to provide the applicant the appropriate services and accommodations.
Any option school district that is in a learning community shall give first priority for enrollment to siblings of option students enrolled in the option school district, second priority for enrollment to students who have previously been enrolled in the option school district as an open enrollment student, third priority for enrollment to 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 pursuant to section 79-235, and final priority for enrollment to other students who reside in the learning community.
The option student may request a particular school building in an option school district, but the building assignment of the option student shall be determined by the option school district.
For all applications submitted by the March 15 deadline, the option school district must notify, in writing, the parents or legal guardians of the student and the resident school district whether the application is approved or denied on or before April 1, or in the case of applications submitted after March 15, within sixty days after submission. If either the resident or option district rejects the application, the written notice must be by certified mail and contain the reason(s) for the rejection and the process for appeal.
Any student that is expelled from a school district and has not completed the terms of the expulsion are not eligible to use the Enrollment Option Program.
