Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 13 - EXEMPT SCHOOLS
Section 92-13-003 - Statement of Election and Assurances

Current through March 20, 2024

003.01 Form A: Parent or Legal Guardian Statement of Election and Assurances

To elect under this Chapter not to meet state approval or accreditation standards and to obtain exemption from provisions of compulsory attendance requirements relating to attendance at a state approved or accredited school, each of the parents or legal guardians of the children who will attend the exempt school and who are of mandatory attendance age must complete and sign a separate Form A: Parent or Legal Guardian Statement of Election and Assurances (see Appendix A).

003.01A Single Parent. If the filer is a single parent, that parent must complete a Form A and provide sole custody verification. A parent claiming to be a single parent is representing that he or she alone is responsible for making the decisions concerning the educational placement of the child(ren). Sole custody verification includes (but is not limited to): an order of a court of law having proper jurisdiction providing that the filing parent has sole custody of the child(ren), a birth certificate that lists only the filing parent as the parent, or a death certificate if one of the parents is deceased.
003.01A1 If the custody arrangement is changed by a court of law subsequent to the initial filing, a copy of that court order must be provided by the single parent filer.

003.01A2 If the court order specifies joint legal custody, both parents must complete a Form A, unless the court order provides that the custodial parent has sole educational decision-making authority. In that case, a copy of that court order must be provided.

003.01B Legal Guardian(s). If the filer is the legal guardian(s), a copy of the documentation lawfully appointing the filer(s) as legal guardian(s) must be submitted with the completed Form A(s).

003.02 Parent Representative Responsibilities

The parents or legal guardians of the children who attend or will attend the exempt school shall designate an authorized Parent Representative who shall:

003.02A By July 15 of each year the school will be in operation file (i) a completed Form A described in Section 003.01 from each parent or legal guardian (see Appendix A); and (ii) Form B: Authorized Parent Representative Form (see Appendix B) with the Commissioner. In addition to the documentation above, the Parent Representative will also provide the information specified in Section 004 of this Chapter.
003.02A1 Parents or legal guardians and child(ren)_that were not residents of a Nebraska school district as of July 15 of any school year in which they elect to have such child(ren) enroll and attend a school established or to be established under this Chapter, shall cause the parent representative designated under this Section to promptly file Forms A and B after the parents or legal guardians and child(ren) have established a residence in Nebraska. (See Appendices A & B.)

003.02A2 Parents or legal guardians of any child about to be or presently enrolled in an approved or accredited Nebraska school, who, after July 15, elect to have such child enroll and attend a school established or to be established under this Chapter, shall cause the parent representative designated under Section 003.02 to promptly file Forms A and B. (See Appendices A & B.)

003.02B Additional enrollment(s) during the school year: The parent representative shall promptly submit to the Commissioner a Form A from each parent or legal guardian and the documentation specified in Section 004 of this Chapter for additional enrollment(s) during the school year.

003.02C Discontinuation of enrollment during the school year: The parent representative shall promptly inform the Commissioner in writing if any child discontinues enrollment during the school year. See also Section 010.

003.02D Change of parent representative during the school year: The parents or legal guardians shall designate a new parent representative who shall promptly submit a new Form B if the parent representative changes during the school year.

003.02E Address change(s) during the school year: The parent representative shall promptly notify the Commissioner in writing if the address of the parents or legal guardians, parent representative, or exempt school changes during the school year.

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