COMPULSORY ATTENDANCE
Any child who will reach six years of age prior to January 1 of the current year and who has not reached eighteen years of age shall meet the requirements of mandatory school attendance. Any such child shall attend the academic program on a regular basis, unless a written request to drop the child from the school rolls is made by the parent, guardian or other person having charge, control or custody of the child.
Any child of mandatory attendance age must by law regularly attend a public, private, denominational, parochial school or a combination of such schools not less than the entire school term of the school(s) which the child attends. This does not apply to a child who has obtained a high school diploma or received a General Equivalency Diploma, completed the program of instruction offered by a non-accredited or non-approved school, has reached the age of 18, or who is at least 16 years old and whose parent or guardian has withdrawn the child from school in the manner prescribed by state statute.
Excusal from the "full-time" requirement of the compulsory education law can be granted by the superintendent for a child between 14 and 16 years of age having completed the work of the eighth grade when legal employment due to necessity has been obtained by the student and such a request has been made by a parent/guardian.
Withdrawal To Age 6
The parent/guardian of any child who will not reach six years of age prior to January 1 of the current school year and who is enrolled, may discontinue that enrollment according to procedures provided by the district.
Minimum Age
The district will not admit any child into kindergarten unless the child will reach the age of five years on or before July 31, except as follows:
1. the board shall admit a child who will reach the age of five years by October 15 if;
a. the parent provides an affidavit stating that the child attended kindergarten in another district, or
b. the family will be relocating to another district that allows admission within the current year, or
c. the child is capable of carrying the work of kindergarten which can be demonstrated through recognized assessment procedures approved by the board. Each school board shall approve and make available a recognized assessment procedure for determining if a child is capable of carrying the work of kindergarten.
The district will use the Developmental Indicators for the Assessment of Learning (DIAL-4) to meet the requirement for a recognized assessment procedure to determine if a child not 5 years of age on or before October 15 of the current year is capable of carrying the work of kindergarten. The board shall update these procedures as the board deems appropriate.
Early Withdrawal at Age Sixteen
A person who has legal or actual charge or control of a child who is at least sixteen years of age may withdraw the child from school if an exit interview is conducted as required below, or if a signed notarized release form is filed with the Commissioner of Education as required by law for a child enrolled in a school that elects not to meet accreditation or approval requirements.
The exit interview shall be conducted at the time and place selected by the superintendent or the superintendent’s designee upon receiving the written request of any person who has legal or actual charge or control of a child who is at least sixteen years of age if the child is enrolled in a school operated by the school district or resides in the school district and is enrolled in a private, denominational, or parochial school.
The exit interview shall be personally attended by:
• The child, unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impracticable;
• the person who has legal or actual charge or control of the child who requested the exit interview;
• the superintendent or the superintendent’s designee;
• the child’s principal or the principal’s designee if the child at the time of the exit interview is enrolled in a school operated by the school district; and
• any other person requested by any of the required parties who agrees to attend the exit interview and is available at the time designated for the exit interview which may include other school district personnel or the child’s principal or such principal’s designee if the child is enrolled in a private, denominational, or parochial school.
At the exit interview, the person making the written request shall present evidence that the person has legal or actual charge or control of the child and that the child would be withdrawing due to either:
a) financial hardships requiring the child to be employed to support the child’s family or one or more dependents of the child, or
b) an illness of the child making attendance impossible or impracticable.
The superintendent or superintendent’s designee shall identify all known alternative educational opportunities, including vocational courses of study, that are available to the child in the school district and how withdrawing from school is likely to reduce potential future earnings for the child and increase the likelihood of the child being unemployed in the future. Any other relevant information may be presented and discussed by any of the parties in attendance.
At the conclusion of the exit interview, the person making the written request may sign the withdrawal form provided by the school district agreeing to the withdrawal of the child or may rescind the written request for the withdrawal.
Any withdrawal form signed by the person making the written request shall be valid only if:
a) the child signs the form unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impracticable, and
b) the superintendent or superintendent’s designee signs the form acknowledging that the interview was held, the required information was provided and discussed at the interview, and, in the opinion of the superintendent or the superintendent’s designee, the person making the written request does in fact have legal or actual charge or control of the child and the child is experiencing either:
1) financial hardships requiring the child to be employed to support the child’s family or dependents of the child, or
2) an illness making attendance impossible or impracticable.
Legal Reference: Neb. Statute 79-201 et seq.
Cross Reference: 502 Student Admissions
