Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 19 - SCHOOL ENROLLMENT
Section 92-19-001 - General Information

001.01 Purpose of this Chapter

Article VII , Section 1 of the Constitution of the State of Nebraska states that: "The Legislature shall provide for the free instruction in the common schools of this state for all persons between the ages of five and twenty-one years." This Chapter is adopted under the constitutional and statutory authority of the State Department of Education, for the purpose of clarifying responsibilities of public school districts regarding school enrollment so that all persons who are constitutionally entitled to a free public education in Nebraska receive such an education upon request.

001.02 Scope and Application of this Chapter

This Chapter requires each public school district, as a condition of continued accreditation under Title 92, Nebraska Administrative Code, Chapter 10 (92 NAC 10), to enroll and serve persons, upon request, who are entitled to a free public education in that district. This Chapter also contains provisions for students seeking to transfer to other districts under the enrollment option program.

001.03 Statutory Authority

Article VII , Section 2 of the Constitution of the State of Nebraska and Section 79-301 of the Revised Statutes of Nebraska (R.R.S.) provide, in part, that: "The State Department of Education shall have general supervision and administration of the school system of the state and of such other activities as the Legislature may direct." This Chapter is adopted pursuant to the constitutional and statutory authority of the Department to prescribe regulations for the accreditation and operation of public schools under Sections 79-301, 79-302, 79-318, and 79-319 R.R.S.; plus Section 79-215 R.R.S., which permits the Department to adopt rules and regulations to carry out the Department's responsibilities under that statute.

001.04 Related regulations

Several other Nebraska State Department of Education regulation chapters in Title 92 of the Nebraska Administrative Code (NAC) deal with matters related to this Chapter. Chapter 10 deals with accreditation of public schools. Compliance with this Chapter is a condition of continued accreditation under Chapter 10. Chapter 17 deals with alternative education for students expelled under the Student Discipline Act. Chapter 51 is the primary regulation for the provision of special education services and reimbursement after a person is enrolled under this Chapter. Chapter 61 provides procedures for appeals under the enrollment option program and certain provisions of this Chapter. Chapter 81 deals with the General Educational Development (G.E.D.) examination and diplomas of high school equivalency. Regulations of the State Department of Health and Human Services regarding state wards and reimbursement are contained in Title 390, Nebraska Administrative Code, Chapter 10.

001.05 Construction of Enrollment Statutes and Regulations by School Districts

School districts shall liberally construe state statutes and these regulations pertaining to enrollment determinations. In regard to school enrollment determinations, the Nebraska Supreme Court has held that:

"Statutes pertaining to our public schools should be liberally construed to the end that all persons of school age may enjoy their privileges . . . Solicitude for the education of its youth has always been characteristic of Nebraska. It is a settled policy of the state that every person of school age shall have an opportunity to attend its free schools." Martins v. School Dist., 101 Neb. 258 (1917).