28-711.01. Report of child abuse or neglect; transfer or disenrollment of a student prohibited, when; notice requirements; confidentiality.

308 words·~1 min read·/ne/chapter-28/28-711-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For any report of child abuse or neglect resulting in an active investigation by the department where the subject of the report is a parent or legal guardian of a student or an educational decisionmaker for a student, the department shall notify the superintendent of such student's resident school district and the Commissioner of Education that such student shall not be transferred or otherwise disenrolled from the student's current school by a parent, legal guardian, or educational decisionmaker for fourteen days after receipt of the notice or until further notice from the department, whichever occurs first.

(2)The subject of the report for whom a notice has been provided in accordance with this section shall not transfer or otherwise disenroll such student from the student's current school for fourteen days after receipt of the notice or until further notice from the department, whichever occurs first. Any new election filed under section 79-1601 for such student to attend an exempt school shall be invalid during such time period.

(3)If an election is filed under section 79-1601 in violation of this section or if such student's resident school district receives a request to transfer or disenroll such student or a notification of a request to transfer or disenroll from a school that is not operated by the resident school district, the Commissioner of Education or the school district shall immediately notify the department of the filing or the request and that such notice is being given pursuant to this section.

(4)Notices pursuant to this section are confidential investigation records and shall not contain any information other than the name of the student and whether or not to allow such student to transfer or otherwise disenroll from the school pursuant to this section.

(5)The department may adopt and promulgate rules and regulations to carry out this section.