PocketLaw | Nebraska Revised Statutes | Children with disabilities;

Children with disabilities; types of services to be furnished; transportation; reimbursement; special instruction.

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79-1129. Children with disabilities; types of services to be furnished; transportation; reimbursement; special instruction.

(1) The school board of the resident school district shall provide one of the following types of services to children with disabilities:

(a) Provide for the transportation expenses for children with disabilities who are forced to leave the school district temporarily because of lack of educational services. A parent or guardian transporting such a child shall be paid for each day of attendance at the mileage rate provided in section 81-1176 for each actual mile or fraction thereof traveled between the place of residence and the program of attendance, and when any parent or guardian transports more than one child with a disability in his or her custody or control enrolled in programs at the same location, the amount of payments to such parent or guardian shall be based upon the transportation of one such child. No transportation payments shall be made to a parent or guardian for mileage not actually traveled by such parent or guardian;

(b) Provide for the transportation expenses within the school district of any child with a disability who is enrolled in a special educational program of the district when either (i) the child is required to attend a facility other than what would be the normal school or attendance facility of the child to receive appropriate special educational services or (ii) the nature of the child's disability is such that special transportation is required. A parent or guardian transporting such child shall be paid for each day of attendance at the mileage rate provided in section 81-1176 for each actual mile or fraction thereof traveled between the place of residence and the program of attendance, and when any parent or guardian transports more than one child with a disability in his or her custody or control enrolled in programs at the same location, the amount of payments to such parent or guardian shall be based upon the transportation of one such child. No transportation payments shall be made to a parent or guardian for mileage not actually traveled by such parent or guardian;

(c) Provide visiting teachers for homebound children with disabilities. Such teachers shall be certified and qualified in the same manner as required for other teachers in Nebraska;

(d) Provide correspondence instruction approved by the Commissioner of Education; or

(e) Provide any other method of instruction approved by the Commissioner of Education.

(2) When a child with a disability resides in or attends a preschool or child care program in a school district other than the school district of residence of his or her parents or guardian, the nonresident school district may, upon mutual agreement with the school district of residence, provide for the transportation expenses of the child.

Source

Laws 1941, c. 82, § 4, p. 328;
C.S.Supp.,1941, § 79-3004;
R.S.1943, § 43-607;
Laws 1949, c. 131, § 4, p. 343;
Laws 1967, c. 254, § 1, p. 674;
Laws 1967, c. 526, § 2, p. 1747;
Laws 1969, c. 345, § 1, p. 1211;
Laws 1972, LB 690, § 4;
Laws 1974, LB 92, § 1;
Laws 1976, LB 761, § 2;
Laws 1980, LB 867, § 1;
Laws 1981, LB 204, § 65;
Laws 1982, LB 942, § 4;
R.S.1943, (1984), § 43-607;
Laws 1987, LB 367, § 22;
Laws 1990, LB 1090, § 41;
Laws 1991, LB 700, § 1;
Laws 1995, LB 401, § 43;
R.S.Supp.,1995, § 79-3322;
Laws 1996, LB 900, § 811;
Laws 1997, LB 346, § 19;
Laws 2019, LB675, § 25.

Cross References

Option enrollment program, resident school district provide transportation services, see section 79-241.

Annotations

Types of education to be furnished to handicapped children are prescribed by this section. Schutte v. Decker, 164 Neb. 582, 83 N.W.2d 69 (1957).

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