Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 13 - EXEMPT SCHOOLS
Section 92-13-001 - General Information

001.01 Statutory Authority

Section 79-318(5)(c) of the Revised Statutes of Nebraska (R.R.S.), authorizes the Department to establish rules and regulations which govern procedures and standards for private, denominational, and parochial schools which elect, pursuant to procedures prescribed in subsections (2) to (4) of Section 79-1601 R.R.S., not to meet all state accreditation or approval requirements.

001.02 Scope

This Chapter provides rules and regulations governing the procedures for exemption of schools from state approval and accreditation requirements when such schools elect, pursuant to Section 79-1601 R.R.S., not to meet those requirements because they (i) would violate the sincerely held religious beliefs of the parents or legal guardians or (ii) interfere with the decisions of the parents or legal guardians in directing their child's education. This Chapter only applies to such exempt schools and is not applicable to schools which are approved or accredited pursuant to Chapters 14 and 10 of Title 92 of the Nebraska Administrative Code. Schools exempted from the approval and accreditation requirements of Chapters 14 and 10 pursuant to this Chapter shall not be considered either approved or accredited by the Department, nor shall they be entitled to any of the benefits, privileges, or services accorded or provided to approved or accredited schools by the Department.

001.03 Children Below Age Seven

Filing Requirement to the Resident Public School District (delaying entry until age seven). A parent or legal guardian of a child who will reach six years of age prior to January 1 of the then-current school year, but has not reached seven years of age (and wish to delay entry until age seven), must sign an affidavit stating that the parent or legal guardian intends for the child to participate in an Exempt School and intends to file for exempt status with the Commissioner of Education on or before the child's seventh birthday. This affidavit is to be filed by the parent or legal guardian with the school district in which the child resides (resident public school district). Contact the resident public school district to request the affidavit form. (MOVED from 011)

001.04 Dual (Part-Time) Enrollment

Section 79-2,136 R.R.S. provides that public schools shall allow the part-time enrollment of students who are residents of the school district but attend an exempt (home) school. Each school board shall establish policies and procedures for part-time students and such policies and procedures may include provisions permitting the part-time enrollment of exempt school students who are not residents of the school district. Contact the local public school district regarding their policies and procedures. (MOVED from 012)

001.05 Immunizations

Parents or legal guardians who specify election on Form A for other than religious reasons must comply with immunization requirements of Sections 79-217 through 79-223 R.R.S.. Regulations of the State Department of Health and Human Services promulgated under Section 79-219 R.R.S. dealing with immunizations are found in Title 173, Nebraska Administrative Code, Chapter 3. (MOVED from Rule 12, 013)