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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can a 17yr old ward of the state of Nebraska in a preadoptive

Resolved Question:

Can a 17yr old ward of the state of Nebraska in a preadoptive home opt out of school and get their GED?
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends. can you please tell me:

1) Do the foster parents agree to this?
2) Does the ward wish for this to happen?
3) What statute are you referencing, exactly?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

The foster parents agree. Yes the ward agrees. Our preadoptive daughter is experiencing severe anxiety at school and we are looking for other options. We proposed homeschooling but my case worker said that there is a Nebraska statute that does not allow wards of the state to be homeschooled. I do not know more info about which statute. I just need to know if it is even possible for her to legally pursue her education with a GED instead or if this is also not possible for a ward of the state of Nebraska. Let me know if you need more info. Thank you

Expert:  Ely replied 9 months ago.
Thank you.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

In Nebraska, parents may educate their child at home by electing not to meet State approval or accreditation requirements (Section 79-1601 R.R.S.) When there is a foster child, the actual legal guardian is the Health & Human Services. Section 43-905 R.R.S.

Rule 12 and Rule 13 are the state regulations governing the procedures and standards for parents filing for an exemption from State approval and accreditation requirements. See here. In short, Rule 12/13 has the parent request that the child not attend a public school, but, an exempt school. In Nebraska, "home schools" are referred to as exempt schools and are considered non-approved or non-accredited schools.

According to HHS's own administrative rules of Title 390, Nebraska Administrative Code, Section 11-002.02D (see here), Rule 12 or Rule 13 educational placement can be requested by a parent whose parental rights are intact and requires that such parent complete the Rule 12 or Rule 13 (Form A - "Statement of Objection and Assurances by Parent or Guardian") exemption election filing. The regulations also state that if parental rights are not intact, the ward will not be able to attend a Rule 12 or Rule 13 exempt school.

In short, someone in foster care cannot be home schooled in Nebraska, I am afraid.

Now they may study for an earlier accredited GED and take the test and get a GED. However, they cannot be home-schooled for a GED.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 9 months ago.

Since her parents do not have any legals rights, according to the state law,who would be the one to allow her to pursue the GED instead of a high school diploma? Her caseworker or someone above her?

Expert:  Ely replied 9 months ago.
Hello,

Since her parents do not have any legals rights, according to the state law,who would be the one to allow her to pursue the GED instead of a high school diploma? Her caseworker or someone above her?

I am afraid not. Technically, HHS is the legal guardian. But, under HHS's own administrative rules, they cannot authorize a home-course towards a GED. This is what the case worker was attempting to explain. So the HHS has a "self-restraining" rule here. They simply will not authorize it.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 9 months ago.

I'm sorry that must have been confusing. We would not home school her for the GED. She would be enrolled in the community college adult education program for it. Home school was a previous option that we found out was not possible. Is the GED possible through that route and who would have to give the OK?

Expert:  Ely replied 9 months ago.
Oh.

Well then yes.

Is the GED possible through that route and who would have to give the OK?

Yes. The case worker may have misunderstood that by an alternative procedure, you meant home-schooling. See above. Just like me and you did. Home-schooling is not allowed for foster children in Nebraska.

However, the child can of course enroll in a GED course and complete it.

Provided the GED course is approved and accredited by the state, a child can do this, because then it is not a Rule 12/13 issue. Of course, one should get HHS approval first. If the social worker is confused and/or refuses to understand the situation, appeal to their supervisor and explain the process, and that Title 390, Nebraska Administrative Code, Section 11-002.02D applies to non-accredited, non-approved home schooling, wherein this is neither, and is an accredited, approved option.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86599
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Family Law Specialists are ready to help you
Expert:  Ely replied 9 months ago.
Thank you for your gratuity.

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