Nebraska law provides parents and legal guardians the right to educate their children and wards in school, which are exempt pursuant to section 79-1601 from state approval or state accreditation requirements. 

II. Definitions. 

A. Exempt School shall mean a school which has elected not to meet approval or accreditation requirements. 

B. Exempt 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 an Exempt School. 

C. 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. 

D. Assigned School shall mean the District school where the Exempt 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. 

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

III. Cooperation with Exempt Schools. 

The District shall cooperate with the education of Exempt School Students according to state and federal law, and District policies and rules. In cooperating in the educational process of Exempt School Students the District shall: 

A. Provide special education services to qualified Exempt 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 Exempt School. Services will be available during the hours that public school students attend school. 

B. Allow Exempt School Students to participate in interscholastic athletics or activities to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled full time in the District as provided in Neb. Rev. Stat. § 79-2,136 and any interscholastic activities or athletics under the jurisdiction of the Nebraska School Activities Association, provided however that such Exempt School Students shall be enrolled in no more and no less than 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 Nebraska School Activities Association, regardless of the level of participation or competition.

C. Not provide any EL, Title I, homebound instruction or other remedial services to Exempt School Students except as may be required by law. 

D. Not provide any textbooks, teacher’s edition textbooks, ancillary textbook materials, consumable material, library or media materials, or other resources to Exempt School Students or Exempt Schools. 

IV. Requests 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 Exempt School Student is enrolled in no more and no less than a 5 credit hour (one semester) course during each semester in which they wish to participate meets academic eligibility requirements or course enrollment prerequisites for participation based on Nebraska School Activities and Athletics guidelines;

5. Whether the requested program is appropriate for the knowledge level, intellectual maturity, competence, and age of the Exempt 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 (e.g. Marching Band).

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

C. Exempt 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. Exempt 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 no more and no less than one 5 credit hour (or one semester) course during each semester in which they wish to participate.

.