Regulation 5140-2

Admission

Mandatory Attendance Ages

Reviewed and affirmed by the Board:  6/28/2022
Last Revision: 
Original publish date: 
Related policies & regulations:  
Legal references:  Neb. Rev. Stat. ยงยง79-201, 79-209 and 79-527

 

A child is of mandatory attendance age if the child: will reach age 6 prior to January 1 of the then-current school year and has not reached 18 years of age.


Exceptions for Younger Students.  Attendance is not mandatory for truancy purposes for a child who has reached the age of 6 years of age prior to January 1 of the then-current school year, but will not reach age 7 prior to January 1 of such school year, if the child’s parent or guardian has signed and filed with the School District in which the child resides an affidavit stating either:  (1) that the child is participating in an education program that the parent or guardian believes will prepare the child to enter grade one for the following school year; or (2) that the parent or guardian intends for the child to participate in a school which has elected or will elect pursuant to law not to meet accreditation or approval requirements and the parent or guardian intends to provide the Commissioner of Education with a statement pursuant to section 79-1601(3) on or before the child’s seventh birthday.


Exceptions for Older Students.  Attendance is also not mandatory for truancy purposes for a child who:  (1) has obtained a high school diploma by meeting statutory graduation requirements; (2) has completed the program of instruction offered by a school which elects pursuant to law not to meet accreditation or approval requirements; or (3) has reached the age of 16 years and has been withdrawn from school in the manner prescribed by law.


Early Withdrawal for Students Enrolled in Accredited or Approved Schools.  A person who has legal or actual charge or control of a child who is at least 16 but less than 18 years of age may withdraw such child from school before graduation and be exempt from the mandatory attendance requirements if an exit interview is conducted and the prescribed withdrawal form is signed.


Exit Interview.  The process is initiated by a person who has legal or actual charge or control of the child submitting a withdrawal form.  The form is to be as prescribed by the Commissioner of Education.  Upon submission of the form, the Superintendent or Superintendent’s designee shall set the time and place for the exit interview if the child is enrolled in a private, denominational or parochial school.


The exit interview shall be personally attended by:

  1. The child, unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impractical;
  2. the person who has legal or actual charge or control of the child who requested the exit interview;
  3. the Superintendent or Superintendent’s designee.
  4. 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
  5. any other person requested by any of the required parties who agrees to attend the exit interview and is available at the time designed for the exit interview, which may include, but need not be limited to, other School District personnel or the child’s principal or such principal’s designee if the child is enrolled in a private, nondenominational or parochial school.

At the exit interview, the person making the written request must present evidence that (a) the person has legal or actual charge or control of the child and (b) the child would be withdrawing due to either:

  1. financial hardships requiring the child to be employed to support the child’s family or one or more dependents of the child or
  2. an illness of the child making attendance impossible or impractical.

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 a withdrawal form provided by the School District agreeing to the withdrawal of the child OR may rescind the written request for the withdrawal.

Withdrawal Form.  Any withdrawal form signed by the person making the written request shall be valid only if:

  1. the child also signs the form, unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impractical and
  2. the Superintendent or Superintendent’s designee signs the form acknowledging that the interview was held and, in the opinion of the Superintendent or 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 (i) financial hardships requiring the child to be employed to support the child’s family or one or more dependents of the child or (ii) an illness making attendance impossible or impractical.

Early Withdrawal for Students Enrolled in an Exempt School (Home Schools).  A person who has legal or actual charge or control of a child who is at least 16 but less than 18 years of age may withdraw such child from school before graduation and be exempt from the mandatory attendance requirements if such child has been enrolled in a school that elects not to meet the accreditation or approval requirements by filing with the State Department of Education a signed notarized release on a form prescribed by the Commissioner of Education.