79-1601.

Private, denominational, or parochial schools, teachers, and other individuals; laws applicable; election not to meet accreditation or approval requirements.

(1) Except as provided in subsections (2) through (6) of this section, all private, denominational, and parochial schools in the State of Nebraska and all teachers employed or giving instruction in such schools shall be subject to and governed by the provisions of the general school laws of the state so far as the same apply to grades, qualifications, and certification of teachers and promotion of students. All private, denominational, and parochial schools shall have adequate equipment and supplies, shall be graded the same, and shall have courses of study for each grade conducted in such schools substantially the same as those given in the public schools which the students would attend in the absence of such private, denominational, or parochial schools.

(2) All private, denominational, or parochial schools shall either comply with the accreditation or approval requirements as prescribed pursuant to section 79-318 or, for those schools which elect not to meet accreditation or approval requirements, the requirements prescribed in subsections (2) through (6) of this section. Standards and procedures for approval and accreditation shall be based upon the program of studies, guidance services, the number and preparation of teachers in relation to the curriculum and enrollment, instructional materials and equipment, science facilities and equipment, library facilities and materials, and health and safety factors in buildings and grounds. Rules and regulations governing procedures for private, denominational, and parochial schools which elect, pursuant to the procedures prescribed in subsections (2) through (6) of this section, not to meet state accreditation or approval requirements shall be based upon an assurance that such schools offer a program of instruction leading to the acquisition of basic skills in the language arts, mathematics, science, social studies, and health. The assurance required pursuant to this subsection shall be satisfied by a signed statement by the parent, legal guardian, or educational decisionmaker of a student that the education provided complies with subsections (2) through (6) of this section. Rules and regulations which govern procedures under this section are limited to procedures for receiving information from a parent, legal guardian, or educational decisionmaker of a student or a parent representative when such individual files the election not to meet accreditation or approval requirements under this section.

(3) The provisions of subsections (3) through (6) of this section shall apply to any private, denominational, or parochial school in the State of Nebraska which elects not to meet state accreditation or approval requirements. An election pursuant to such subsections shall be effective when a statement is received by the Commissioner of Education signed by a parent, legal guardian, or educational decisionmaker of each student attending such private, denominational, or parochial school, stating that (a) either specifically (i) the requirements for approval and accreditation required by law and the rules and regulations adopted and promulgated by the State Board of Education violate sincerely held religious beliefs of the parent, legal guardian, or educational decisionmaker or (ii) the requirements for approval and accreditation required by law and the rules and regulations adopted and promulgated by the State Board of Education interfere with the decisions of the parent, legal guardian, or educational decisionmaker in directing the student's education, (b) an authorized representative of such parent, legal guardian, or educational decisionmaker will annually submit to the Commissioner of Education an assurance that the requirements of subdivisions (4)(a) through (c) of this section are and will continue to be satisfied, (c) the school offers the courses of instruction required by subsections (2), (3), and (4) of this section, and (d) the parent, legal guardian, or educational decisionmaker is satisfied that individuals monitoring instruction at such school are qualified to monitor instruction in the basic skills as required by subsections (2), (3), and (4) of this section.

(4) Each such private, denominational, or parochial school shall (a) meet minimum requirements relating to health, fire, and safety standards prescribed by state law and the rules and regulations of the State Fire Marshal, (b) report attendance pursuant to section 79-201, (c) maintain a sequential program of instruction designed to lead to basic skills in the language arts, mathematics, science, social studies, and health, and (d) comply with the immunization requirements in section 79-217 if the statement signed by the parent, legal guardian, or educational decisionmaker indicates a nonreligious reason pursuant to subdivision (3)(a)(ii) of this section for the student attending a private, denominational, or parochial school which elects not to meet state accreditation or approval requirements. The State Board of Education shall establish procedures for receiving information and reports required by subsections (3) through (6) of this section from authorized parent representatives who may act as agents for the parent, legal guardian, or educational decisionmaker of a student attending such schools.

(5) Individuals employed or utilized by schools which elect not to meet state accreditation or approval requirements shall not be required to meet the certification requirements prescribed in sections 79-801 to 79-815.

(6) Any school which elects not to meet state accreditation or approval requirements and does not meet the requirements of subsections (2) through (6) of this section shall not be deemed a school, and the parent, legal guardian, or educational decisionmaker of any students attending such school shall be subject to prosecution pursuant to section 79-201 or any statutes relating to habitual truancy.

(7) For purposes of this section, educational decisionmaker means a person designated or ordered by a court to make educational decisions on behalf of a child.