79-2,161.

Right to repeat grade; reasons; procedure.

(1) For purposes of this section:

(a) Academic needs means that a child is at least one year below grade level and behind the child's typically developing peers in reading, English, and language arts such that the child does not possess the necessary academic skills required to succeed in reading, English, and language arts at grade level for the next grade the student would otherwise advance to;

(b) Excessive absenteeism means that the child was absent fifty percent or more of the school year and includes excused absences, unexcused absences, and absences due to suspension or expulsion. Absences due to approved school-related activities, such as field trips, competitions, athletic events, and testing, are not included; and

(c) Illness means that the child experienced a severe mental or physical illness resulting in hospitalization of two or more weeks during the school year.

(2)(a) A parent or guardian shall have the right to have such parent's or guardian's child repeat a grade in kindergarten through fourth grade due to academic needs, illness, or excessive absenteeism.

(b) A parent or guardian shall have the right to have such parent's or guardian's child repeat a grade in fifth through twelfth grade due to excessive absenteeism.

(3) A parent or guardian requesting such parent's or guardian's child repeat a grade pursuant to subdivision (2)(a) or (b) of this section shall request and have a meeting with the school district superintendent or the superintendent's designee of the school district such child attends to discuss the parent's or guardian's decision to have the child repeat a grade and such parent or guardian shall provide evidence of academic needs, illness, or excessive absenteeism that would authorize the parent or guardian to have such child repeat a grade. At such meeting, the superintendent or superintendent's designee shall identify any alternative educational opportunities, including remedial instruction if applicable, and verify any special education supports available to such child. If the child's parent or guardian still intends to have such child repeat a grade, such parent or guardian shall complete a form prescribed by the State Department of Education and return such form to the school district such child attends. Upon completion of the form and if all requirements pursuant to this subsection are met, the school district shall have the child repeat the child's grade for the next school year.

(4) A school district shall submit any form filed with such school district relating to a request by a child's parent or guardian to have such child repeat a grade with the State Department of Education. Data regarding such students shall be collected under subsection (2) of section 79-528.

(5) The State Board of Education may adopt and promulgate rules and regulations to carry out this section.