79-209 Compulsory attendance; nonattendance; school district; duties; remedial services; enforcement.
79-209. Compulsory attendance;nonattendance; school district; duties; remedial services; enforcement.In all school districts in this state, any superintendent,principal, teacher, or member of the school board who knows of any violationof section 79-201 on the part of any child of school age, his or her parent,the person in actual or legal control of such child, or any other person shallwithin three days report such violation to the attendance officer of the school,who shall investigate the case. When of his or her personal knowledge, byreport or complaint from any resident of the district, or by report or complaintas provided in this section, the attendance officer believes that any childis unlawfully absent from school, the attendance officer shall immediatelyinvestigate.All school districts shall have a written policy on excessiveabsenteeism developed in collaborationwith the county attorney of the county in which the principal office of theschool district is located. The policy shall state the numberof absences or the hourly equivalent upon the occurrence of which the schoolshall render all services in its power to compel such child to attend somepublic, private, denominational, or parochial school, which the person havingcontrol of the child shall designate, in an attempt to address the problem of excessive absenteeism. Thenumber of absences in the policy shall not exceed five days per quarter orthe hourly equivalent. School districts may use excused and unexcused absencesfor purposes of the policy. Such services shall include, but need not be limitedto:(1) One or more meetings between a school attendance officer,school social worker or the schoolprincipal or a member of the school administrative staff designatedby the school administration if such school does not have a school socialworker, the child's parent or guardian, and the child, if necessary, to reportand to attempt to solve the problem of excessive absenteeism;(2) Educational counseling to determine whether curriculumchanges, including, but not limited to, enrolling the child in an alternativeeducation program that meets the specific educational and behavioral needsof the child, would help solve the problem of excessive absenteeism;(3) Educational evaluation, which may include a psychologicalevaluation, to assist in determining the specific condition, if any, contributingto the problem of excessive absenteeism,supplemented by specific efforts by the school to help remedy any conditiondiagnosed; and(4) Investigation of the problem of excessive absenteeism bythe school social worker, or if such school does not have a school socialworker, by the school principal or a member of theschool administrative staff designated by the school administration, to identify conditionswhich may be contributing to the problem.If services for the child and his or her family are determined to be needed,the school social worker or the schoolprincipal or a member of the school administrative staff performingthe investigation shall meet with the parent or guardian and the child todiscuss any referral to appropriate community agencies for economic services,family or individual counseling, or other services required to remedy theconditions that are contributing to the problem of excessive absenteeism.If the child is absent more than twenty days per year or the hourly equivalent, theattendance officer shall file a report with the county attorney of the countyin which such person resides. Thecounty attorney may file a complaint against aperson violating section 79-201 before the judge of the countycourt of the county in which such person resides charging such person withviolation of section 79-201 or may file a petition under the Nebraska Juvenile Codealleging the person violating section 79-201 is a juvenile described in subdivision(3)(a) or (3)(b) of section 43-247. Nothing in this section shall precludea county attorney from being involved at any stage in the process to addressexcessive absenteeism. SourceLaws 1901, c. 70, § 2, p. 456; Laws 1903, c. 95, § 2, p. 552; Laws 1905, c. 141, § 1, p. 578; Laws 1909, c. 130, § 1, p. 474; R.S.1913, § 6925; Laws 1919, c. 155, § 9, p. 350; Laws 1921, c. 53, § 2, p. 231; C.S.1922, § 6509; C.S.1929, § 79-1914; R.S.1943, § 79-1922; Laws 1949, c. 256, § 17, p. 696; Laws 1986, LB 528, § 8; Laws 1994, LB 1250, § 5; R.S.1943, (1994), § 79-211; Laws 1996, LB 900, § 13; Laws 1998, Spec. Sess., LB 1, § 6; Laws 1999, LB 272, § 28; Laws 2010, LB800, § 35.Effective Date: July 15, 2010 Cross ReferencesNebraska Juvenile Code, see section 43-2,129.