§ 79-237. Attendance; application; cancellation; forms.

(1) For a student to begin attendance as an option student in an option school district, the student's parent or legal guardian shall submit an application to the school board of the option school district between September 1 and March 15 for attendance during the following and subsequent school years. Except as provided in subsection (2) of this section, applications submitted after March 15 shall contain a release approval from the resident school district, or if the student is an option student at the time of such application and applying to become an option student at a subsequent option school district, a release approval from the option school district the student is attending at the time of such application, on the application form prescribed by the Commissioner of Education pursuant to subsection (8) of this section. A district may not accept or approve any applications submitted after such date without such a release approval. The option school district the student is applying to attend shall provide the resident school district, and if applicable, the option school district the student is attending at the time of such application, with the name of the applicant on or before April 1 or, in the case of an application submitted after March 15, within sixty days after submission. The option school district the student is applying to attend shall notify, in writing, the parent or legal guardian of the student and the resident school district, and, if applicable, the option school district the student is attending at the time of the application, whether the application is accepted or rejected on or before April 1 or, in the case of an application submitted after March 15, within sixty days after submission. (2) A student who relocates 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 the school board of 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 school district or the option school district the student is attending at the time of such application. The option school district the student is applying to attend shall accept or reject such application within forty-five days. (3) A parent or guardian may provide information on the application for an option school district that is a member of a learning community 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 subsection (4) of section 79-238. 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 subsection (4) of section 79-238 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 subsection (4) of section 79-238. (4) Applications for students who do not actually attend the option school district that the student applied to attend may be withdrawn in good standing upon mutual agreement by the resident and option school districts involved. (5) No option student shall attend an option school district for less than one school year unless the student relocates to a different resident school district, completes requirements for graduation prior to the end of his or her senior year, transfers to a private or parochial school, or upon mutual agreement of the resident and option school districts cancels the enrollment option and returns to the resident school district or the previous option school district the student was attending immediately prior. (6) Except as provided in subsection (5) of this section or, for open enrollment option students, in section 79-235.01, 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, chooses to return to the resident school district, or options into a subsequent option school district, except that no student may use the enrollment option program other than as provided in section 79-234. (7) In each case of cancellation pursuant to subsections (5) and (6) of this section, the student's parent or legal guardian shall provide written notification to the school board of the option school district or districts and the resident school district on forms prescribed by the Commissioner of Education under subsection (8) of this section in advance of such cancellation. (8) The application and cancellation forms shall be prescribed by the Commissioner of Education. (9) 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 school district 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 parent or legal guardian shall submit another application to the school board of the option school district which shall be automatically accepted, and the deadlines prescribed in this section shall be waived. History: Laws 1989, LB 183, § 6; Laws 1990, LB 843, § 7; Laws 1993, LB 348, § 66; Laws 1993, LB 838, § 1; R.S.1943, (1994), § 79-3406; Laws 1996, LB 900, § 41; Laws 2001, LB 797, § 6; Laws 2006, LB 1024, § 19; Laws 2009, LB62, § 2; Laws 2009, LB549, § 6; Laws 2013, LB410, § 4; Laws 2016, LB1066, § 3; Laws 2016, LB1067, § 16; Laws 2017, LB512, § 7; Laws 2018, LB668, § 1; Laws 2024, LB1329, § 18.