6680.1: Nonpublic Schools - Requests for Programs, Services

I. General Statement. Nebraska law provides parents and legal guardians the right to educate their children and wards in Nonpublic Schools that meet state approval or state accreditation requirements. 

II. Definitions 

A. Nonpublic School shall mean any private, parochial, or denominational school which has met approval and/or accreditation requirements pursuant to state law and regulations of the Nebraska Department of Education. 

B. Nonpublic School Student shall mean any resident student of school age who has not graduated or received a G. E. D. diploma and who is attending a Nonpublic School. 

C. Assigned School shall mean the District school where the Nonpublic School Student would have attended and received educational instruction as a resident student if the student had officially enrolled pursuant to the District’s enrollment policies and rules. 

D. Programs shall mean the educational curriculum, co-curricular activities, and extracurricular school sponsored clubs and activities which are available for students who are enrolled in the District. 

E. Resident Student shall mean students that reside in the District or who have at least one parent who resides in the District. 

III. Cooperation with Nonpublic Schools 

The District shall cooperate with the education of Nonpublic School Students according to state and federal laws, and District policies and rules. The Superintendent or designee may develop rules that Nonpublic School Students must follow under this Policy. In cooperating in the educational process of Nonpublic School Students the District shall: 

A. Provide special education services to qualified Nonpublic School Students pursuant to District policies and rules and state and federal laws and regulations. Special education and related services will be provided at the assigned District school that is closest to the eligible student’s Nonpublic School, unless otherwise determined by the District or pursuant to state and federal law. Services will be available during the hours that public school students attend school.

B. Allow Nonpublic School Students to participate in extracurricular activities that are governed by an athletic or activities association to which the District is a member, including the Nebraska School Activities Association, to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled full time in the District provided however that such Nonpublic School Students shall be enrolled in a 5 credit hour (one semester) course offered by the District during each semester in which they wish to participate and are in compliance with the rules established by the athletics or activities association, regardless of the level of participation or competition. Such Nonpublic School Students may elect to enroll in more than 5 credit hours.

C. Allow Nonpublic School Students to participate in an extracurricular activity that is governed by a national or state organization other than an athletic or activities association to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled full time in the District, provided however that such Nonpublic School Students shall be enrolled in the minimum number of credit hours offered by the District as required by such national or state organization in
order to participate in such extracurricular activity and are in compliance with the rules established by the state or national organization in order to participate in such extracurricular activity. Such Nonpublic School Students may elect to enroll in more than such minimum credit hours. D. Allow Nonpublic School Students to participate in an extracurricular activity that is not governed by a national or state organization or an athletics or activities association to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled full time in the District, provided however such Nonpublic School Students shall be enrolled in a 5 credit hour (one semester) course offered by the District during each semester in which they wish to participate and are in compliance with the rules established in order to participate in such extracurricular activity. Such Nonpublic School Students may elect to enroll in more than 5 credit hours.

E. Not provide any EL, Title I, or other remedial services to Nonpublic School Students except as may be required by law. 

F. Provide textbooks for use by Nonpublic School Students in accordance with District Policy 6295 and Rule 6295.1. 

G. Provide homebound instruction in accordance with District Rule 6670.1 

IV. Request for Participation 

A. All requests for participation in District programs shall be referred to the Superintendent or designee for consideration and approval or denial. The Superintendent or designee in considering and evaluating the request shall consider the following issues: 

1. The availability of the requested program at the assigned school;

2. Whether the school environment or educational process will be disrupted;

3. Whether there is space available and a specified time can be assigned so as to minimize any conflicts or disruption of the education process;

4. Whether the Nonpublic School Student is enrolled in the required number of credit hours as provided in subsections III(B), (C), or (D) of this Rule,  during each semester in which they wish to participate and meets academic eligibility requirements or course enrollment prerequisites for participation;

5. Whether the requested program is appropriate for the knowledge level, intellectual maturity, competence, and age of the Nonpublic School Student; and

6. Whether the requested program is part of an integrated program which cannot be isolated so as to allow participation in the requested program (Marching Band).

B. A Nonpublic School Student shall be required to be officially enrolled and counted proportionately towards the District’s ADA/ADM to participate in the District’s program or activities. 

C. Nonpublic School Students who participate in District programs shall be subject to all District and school policies and rules, including, but not limited to, District and school policies and rules regarding student conduct, discipline, attendance, student fees, student provided materials, equipment and attire, insurance, proof of age and identity, physical examination, and immunizations.

D. Nonpublic School Students may participate in those clubs at the assigned school which are available to students who are enrolled full time in the District provided they are enrolled in a 5 credit hour (or one semester) course during each semester in which they wish to participate. Such Nonpublic School Students may elect to enroll in more than 5 credit hours.