Nebraska

Nebraksa Dept of Education - Homeschooling

Rule 12 Forms (pdf) - or - Rule 13 Forms (pdf)

In Nebraska, "home schools" are referred to as exempt schools and are considered non-approved or non-accredited schools.  On this site you will find information pertaining to the law affecting exempt schools, the rules and regulations, frequently asked questions, resources, and the forms used to file for an exemption.

Statutory Authority:

• Section 79-318(5)(c) of the Revised Statutes of Nebraska (R.R.S.), authorizes the Nebraska Department of Education to establish rules and regulations which govern procedures and standards for private, denominational, and parochial schools which elect, pursuant to procedures prescribed in subsections (2) to (4) of Section 79-1601 R.R.S., not to meet all state accreditation or approval requirements.
  

Statutory provisions for exempt schools are summarized as follows:

• Parents may educate their child at home by electing not to meet the State's approval or accreditation requirements as prescribed in Section 79-318 R.R.S.  By filing for exempt status, parents are electing not to meet State approval or accreditation requirements and are complying with compulsory school attendance laws (Section 79-201 R.R.S.).
• Election to not meet State approval or accreditation requirements shall be effective when a statement is received by the Commissioner of Education signed by the parents or legal guardians stating that (a) either specifically i) the requirements for approval and accreditation required by law and the rules and regulations adopted and promulgated by the State Board of Education violate sincerely held religious beliefs of the parents or legal guardians (Rule 13), or ii) the requirements for approval and accreditation required by law and the rules and regulations adopted and promulgated by the State Board of Education interfere with the decisions of the parents or legal guardians in directing their child's education (Rule 12).
• Parents must file for exemption 30 days prior to the date on which the exempt school begins operation and annually thereafter by August 1st.
• Prior to the date the exempt school begins, an authorized parent representative will submit to the Commissioner of Education the following:
  • Calendar for the school year indicating a minimum of 1,080 hours of instruction in secondary schools and/or 1,032 hours of instruction in elementary schools.  During the first year of operation, the days of instruction may be prorated based upon the remaining balance of the school year.
  • A list of the names of all instructional monitors which shall also include for each, their address, age, highest level of education completed, names of educational institutions attended and a summary of prior teaching or monitoring experience.
  • A chart or written summary showing the scope and sequence of the sequential program of instruction designed to lead to basic skills in the language arts, mathematics, science, social studies and health.
• Section 43-2007 of the Revised Statutes of Nebraska (part of the Missing Children's Identification Act) requires that "the parents or legal guardians of a child who is receiving his or her education in a home school subject to Sections 79-1601 to 79-1607 R.R.S. shall, not later than October 1st of the first year of the child's attendance at the home school, provide to the Commissioner of Education either (a) a certified copy of the child's birth certificate, or (b) other reliable proof of the child's identity and age accompanied by an affidavit explaining the inability to produce a copy of the birth certificate." 

IMPORTANT FILING INFORMATION

• Compulsory School Attendance Law:

  • The compulsory school attendance law (Section 79-201, R.R.S.) states that a child is of mandatory attendance age if the child (a) will reach 6 years of age prior to January 1 of the then-current school year, (b) did not reach 16 years of age prior to July 16, 2004, and (c) has not reached 18 years of age.
  • If a child is 5 years old now, but will turn 6 before January 1, 2007, in order to avoid violating the compulsory attendance (truancy) law if your child is not enrolled in an approved or accredited school, the parents or guardians must either:
    • Sign an affidavit stating they intend for the child to participate in an Exempt School and intend to file for exempt status with the Commissioner of Education on or before the child's 7th birthday.  This affidavit is to be filed by the parent or guardian with the school district in which the child resides (resident public school district).  Contact the resident public school district to request the affidavit form (NDE does not provide or collect this affidavit form).   -OR-
    • File for exempt status with the Department of Education.  If parents choose this option, they must comply fully with the requirements as outlined in Rule 12 or Rule 13, and begin educating the child(ren) accordingly.
  • If a child will turn 7 anytime during the 2006/2007 school year, the parents or guardians will need to file for exempt status at least 30 days before his/her birthday.  They may, however, file for exemption prior to the beginning of the 2006/2007 school year.
  • In the case of a child who (1) has reached age 16 on or after July 16, 2004 and has not reached age 18, or (2) has not reached age 18 and has completed the program of instruction offered by the exempt (home) school, and if you wish to discontinue enrollment of the child in the exempt school under either of these two scenarios, refer to Section 010 of Rule 12 or Rule 13.
  • Please refer to the "Exempt (Home) Schools Frequently Asked Questions (2006/2007 School Year)" document for further information.
• Schools under Rule 12 are required to comply with state immunization laws and regulations. The Nebraska Department of Education does not require you to send in your children's immunization records. The Nebraska Department of Health and Human Services (HHS) requires schools to keep these records themselves. For more information about the immunization laws, please contact Barbara Ludwig, HHS, at (402) 471-2139. You may also access the HHS website at www.hhs.state.ne.us/imm/school_i.htm.
• Section 43-2007 of the Revised Statutes of Nebraska (part of the Missing Children Identification Act) requires that "The parent or guardian of a child who is receiving his or her education in a home school...shall, not later than October 1st of the first year of the child's attendance at the home school, provide to the Commissioner of Education either (a) a certified copy of the child's birth certificate, or (b) other reliable proof of the child's identity and age accompanied by an affidavit explaining the inability to produce a copy of the birth certificate."