Administrative Rules and Procedures to Implement Policy 407.05
Attendance Options for Certified Employees with School-Aged Children
A. Definitions
- Certified Staff Defined: Certified employee means and includes all teachers employed by the district who are governed under the Certified Staff Negotiated Agreement and administrators who serve as building or district administrators for the Elkhorn Public Schools. The Superintendent shall have the final determination on whether an employee meets this definition.
B. Persons Entitled to Apply for Enrollment of Students
Only parents and legal guardians who are certified staff members are eligible for this employee benefit program and may apply for enrollment of students. Applications filed by employees other than parents or legal guardians (such as adults acting in loco parentis) are not authorized and will be automatically denied or canceled.
C. Application of Student
By a date yet to be determined, a certified staff member may apply to allow their student or students to attend Elkhorn Public Schools as an option enrollment student. The acceptance or rejection of a certified staff member’s students will be subject to the Standards for Acceptance or Rejection, though the Superintendent is directed to ensure that a certificated staff member’s student receives the highest priority permitted by law and consistent with this Policy. The Superintendent may develop and implement other rules and guidance consistent with this Policy.
D. Duties, Entitlements and Rights of Option Students
Except as otherwise provided herein, once a student’s enrollment application has been accepted, he/she shall be treated as a resident student of the school district.
E. Standards for Acceptance or Rejection of Option Students.
- Special Education Capacity
Capacity for special education services will be determined on a case-by-case basis, including special-education students of certificated staff members. If an application for option enrollment received by the school district indicates that the student has an individualized education program under the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., or has been diagnosed with a disability as defined in section 79-1118.01, the application will be evaluated by the director of special education services or the director’s designee who must determine if the school district and the appropriate class, grade level, or school building has the capacity to provide the applicant the appropriate services and accommodations. The Federal Educational Rights and Privacy Rights Act (FERPA) (20 U.S.C. § 1232g) permits the release of education records when a student seeks or intends to enroll in a different school district. - Numeric Capacity
The superintendent or designee will evaluate the numeric capacity of programs, classes, grade levels, or school buildings by operation of this policy and will assign students where capacity is available. Numeric Capacity will be determined based upon available staff, facilities, projected enrollment of resident students, and projected number of students with which the option school district will contract based on existing contractual arrangements. If a program, class, grade level, or class is at capacity, the certificated staff member’s student may be placed on a waitlist, if applicable. - Programmatic Capacity
In addition to the numeric capacity standards referred to above, the superintendent or designee may declare a program, a class, or a school unavailable for the next school year to option students due to lack of capacity. If a program, class, or school is declared to be at capacity for the following year, the certificated staff member’s child or children shall not be permitted to enroll as an option student in that program, class, or school. - Other Standards for Acceptance or Rejection of Option Enrollment Applications
In addition to the numeric and programmatic capacity standards outlined above, the school district shall not accept an option student when acceptance of the student:
- a. Would increase the operating costs of the school district, such as by requiring the hiring of new staff or
contracting with outside entities to provide services to the student; - b. Would require the procurement of new equipment, technology, or furnishings, as determined by the
Superintendent; - c. Would cause or require the rearrangement of caseloads for staff and contracted professionals;
- d. Is reasonably deemed by appropriate school staff to pose a potential risk to the health or safety of students or
staff; - e. May pose a risk of adversely affecting the quality of educational services being provided to resident students,
as determined by appropriate school staff. - f. In addition to these standards, the school district may deny or cancel the acceptance of any option enrollment
application when the applicant has not provided all necessary information and documentation to initiate or complete the enrollment process.
5. Prohibited Standards
The school district shall not base the decision to accept or reject an option student on the student’s previous academic achievement, athletic or other extracurricular ability, disabling condition(s), proficiency in
the English language, or previous disciplinary proceedings.
F. Order of Acceptance
If there are more option student applicants for any program, class, grade level or school building than can be accepted into such program, class, grade level or school building, applicants shall be accepted in order of receipt based on the earlier date and time of submission; however, students of certificated staff members will receive the highest priority permitted by law.
G. False or Misleading Option Applications
If, prior to the student’s attendance as an option student, the school district discovers that a previously accepted option application contained false or substantively misleading information, the application will be rejected. Any certificated staff member who applies for option enrollment under this Policy and submits false or substantially misleading information on the application may be subject to employment discipline.
H. Academic Credits and Graduation
Credits from an accredited institution will be transferred as direct credit. Credits from a non-accredited institution may require further research from the district to determine credit equivalency. Students must be enrolled in the district to receive a diploma.
I. Authority of Superintendent.
The Board of Education authorizes the superintendent or designee to make decisions pursuant to this policy and to apply the criteria articulated by this policy in determining whether to grant or deny enrollment applications through this program.
J. Transportation
Transportation is not provided by the Elkhorn Public Schools; however, students approved for Option Enrollment may be eligible for mileage reimbursement at the state-approved rate if they qualify for free lunch according to lunch guidelines, if requested.
K. In-District Transfers
In-District Transfer applies to students of certified staff members who are employed by the District who wish to attend a school outside of their designated attendance zone. Transportation is not provided.
Applications are due by April 1 prior to the school year of intended enrollment. The District will determine if the application for intra-district transfer is approved or denied by May 1. Class size, staffing, grade-level capacity, building capacity, and enrollment management strategies established by the superintendent or designee are all considered when approving or denying In-District Transfer applications. The superintendent or designee will approve or deny applications pursuant to this policy and this decision is final.
If an In-District Transfer is granted, it shall be issued only once prior to graduation. If a student approved for an In-District Transfer subsequently wishes to return to the school of residence, they are permitted to do so prior to the first day of school. However, the student shall not be issued a second In-District Transfer prior to graduation unless by exception for transfer requests permitted. If the district transfers the staff member to another building, an additional In-District Transfer can be considered by the superintendent or designee.
Once an In-District Transfer has been issued, the District will make every effort to allow the student to continue in that building. However, the District reserves the right to re-assign any student under these provisions if enrollment growth in the building makes it necessary to move certificated staff members’ students.
An exception may be approved if the student for which the application is submitted will have a sibling in the building during the year for which the student is applying. This exception may be approved even if the grade level and/or building is at or above capacity.
Cross reference: Neb. Statutes 79-232 to 79-246
Approved: March 10, 2025
Revised: June 9, 2025