79-2110.01 Open enrollment students; how treated; disability; transportation services.
79-2110.01. Open enrollment students; howtreated; disability; transportation services.(1) For purposes of all duties, entitlements,and rights established by law, including special education as provided insection 79-1127, open enrollment students shall be treated as resident studentsof the open enrollment school district. In determining eligibility for extracurricularactivities as defined in section 79-2,126, the open enrollment student shallbe treated similarly to other students who transfer into the school from anotherpublic, private, denominational, or parochial school.(2) For openenrollment students verified as having a disability as defined in section 79-1118.01, the transportation services set forth in section 79-1129 shallbe provided by the open enrollment school district. The State Department ofEducation shall reimburse each learning community school district for specialeducation programs provided to open enrollment students in accordance withsection 79-1142. The resident school district of an open enrollment studentshall be exempted from the payment responsibility set forth in section 79-1140.For purposes of the calculation to determine reimbursement pursuant to section 79-1142, the open enrollment school district shall include the adjusted averageper pupil cost as defined in section 79-1114 of the open enrollment schooldistrict.(3) For purposesof the Tax Equity and Educational Opportunities Support Act, open enrollmentstudents shall not be counted as formula students by the resident school districtand shall be counted by the open enrollment school district. SourceLaws 2010, LB1071, § 33.Operative Date: July 15, 2010 Cross ReferencesTax Equity and Educational Opportunities Support Act, see section 79-1001.