92 Neb. Admin. Code, ch. 19, § 002
As used in this Chapter:
Adult shall mean a person nineteen years of age or older, except that, for the purposes of entering into binding contracts or leases, a person eighteen years of age or older who is not a ward of the state is legally responsible for the contract or lease. (see Sections 43-2101 and 43-245(1) R.R.S.).
Child shall mean an unmarried person under nineteen years of age.
Commissioner shall mean the Commissioner of Education.
Department shall mean the State Department of Education, which is comprised of the State Board of Education and the Commissioner of Education.
District shall mean a Nebraska public school district, as defined in Section 79-101 R.R.S.
Enroll shall mean admitting, allowing to attend, and providing services of the school to a person.
Guardian shall mean a legal guardian who has been appointed by a court or who has accepted a testamentary appointment, such as provided in Section 30-2605 R.R.S.
"Homeless children and youths" and "homeless student" shall mean a person who meets the definition of homeless children and youths in Title 42, United States Code, Section 11434a, which is:
Legal or Actual Charge or Control shall refer to the status of parents, legal guardians, persons standing in loco parentis to a child, persons with a power of attorney that delegates parental authority, or any other person who has been entrusted with, or assumed, the day-to-day care and full-time supervision of, and responsibility for, a child.
In Loco Parentis shall refer to a situation in which a child, with the consent of a parent or legal guardian, goes to live with another person with the understanding that the person the child lives with is to care for the child and stands in the place of a parent or legal guardian. A person who stands in loco parentis to a child may demand from a school district every right to which his or her own natural child is entitled. (See Mizner v. School Dist. No. 11 of Sherman County, 2 Neb. (Unof.) 238 (1901)). A person standing in loco parentis to a child is one who has put himself or herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to adoption, and the rights, duties, and liabilities of such person are the same as those of the lawful parent. The assumption of the relation is a question of intention, which may be shown by the acts and declarations of the person alleged to stand in that relation. (See Austin v. Austin, 147 Neb. 109 (1946), which is also referenced in a number of other cases, including State on Behalf of Hopkins v. Batt, 253 Neb. 852 (1998)).
Nonresident shall mean a person who does not have a residence in the district (see Section 002.14 for definition of Residence).
Option Student after the 2016-2017 school year shall mean for any student, including an open enrollment option student as defined in § 79-233(4) R.R.S. that has chosen to attend an option school district.
Parent shall mean the lawful father or mother of a child, including adoptive parents. A guardian or any other person in legal or actual charge or control of a child (see definition in Sections 002.08 and 002.10 of this Chapter) who enrolls a child in school under the provisions of this Chapter shall be considered to be acting as a parent for all education purposes, such as release of student records and the making of education decisions for the child unless otherwise restricted by law.
Residence shall mean that place in which a person is actually domiciled, which is one's established home and the place to which one intends to return when absent therefrom. It is the place where a person is actually living full-time, as opposed to vacationing or visiting. It should be noted that, pursuant to Section 79-215 R.R.S. and this Chapter, a child may have a residence for school enrollment purposes that is separate from the residence of his or her parents or guardian. An example of such a situation is when a child resides in a different district than his or her parents, under the legal or actual charge or control of an adult acting in loco parentis, or an adult who has a power of attorney under § 30-2604 R.R.S. (See also the opinion of the United States Court of Appeals, Eighth Circuit, in the case of Horton v. Marshall Public Schools, 769 F.2d 1323 (1985)). It should also be noted that the Legislature has provided for several circumstances in which a person may enroll in a school district other than the district in which that person has a residence (See Section 79-215 R.R.S. in Appendix C). Lawful citizenship or presence does not determine residency.
Residency shall mean having a residence in a place.
Resident shall mean a person who has his or her residence in a place. It should be noted that the Legislature has specifically provided in Section 79-215(1) R.R.S. that, except as otherwise provided in § 79-215 R.R.S., a student is a resident of the school district where he or she resides and shall be admitted to any such school district upon request without charge. The Legislature has also provided in § 79-215 R.R.S. for several circumstances in which a student either shall or may be enrolled in a school district in which they are not a resident. (See Appendix C). For example, a school board shall admit a student upon request without charge if at least one of the student's parents resides in the school district. (Section 79-215(2) R.R.S.).
Reside shall mean to live in a place that is one's residence.
Student shall mean all persons (including children, emancipated minors, and adults) between the ages of five and twenty-one who have not completed high school or received a diploma of high school equivalency and who a school district is required or authorized to enroll.
92 Neb. Admin. Code, ch. 19, § 002