Nebraska Homeschooling Legal Requirements: A Comprehensive Guide

In Nebraska, homeschooling is legally recognized under the category of “Exempt Schools.” This status allows families to opt out of the state’s mandatory accreditation and approval requirements for private schools based on religious beliefs or philosophical convictions. This guide covers the essential legal steps to ensure your homeschool is compliant with Nebraska Department of Education (NDE) Rule 13.

The Legal Landscape of Rule 13

Nebraska law (Neb. Rev. Stat. § 79-1601) requires all children to attend an approved or accredited school. However, Rule 13 provides an exemption for families who feel that state approval or accreditation violates their sincerely held religious beliefs or philosophical commitments. When you homeschool in Nebraska, you are technically operating an “unapproved, non-accredited private school.”

Compulsory Attendance

In Nebraska, children must begin school if they turn six years old before January 1 of the current school year. Compulsory attendance continues until the child turns 18.

Exceptions to the age 18 rule:

• The student has graduated from high school.
• The student is at least 16 years old and has parental consent to withdraw, provided the family completes the official withdrawal process (including an exit interview and signed notarized forms).

Pathway to Compliance: The Exempt School (Rule 13)

There is one primary pathway for homeschooling in Nebraska: filing as a Rule 13 school. This process must be completed annually.

1. Annual Notification (Forms A and B)

To establish your exempt school, you must file two specific forms with the Nebraska Department of Education:

• Form A: The Statement of Objection and Assurances. This is signed by the parents/guardians and states your objection to state accreditation.
• Form B: The Affirmation of Instruction. This is signed by the designated “Parent Representative” (usually one of the parents) and affirms that the school will meet the state’s requirements for subjects and hours.

Deadlines:

• For existing homeschools: Forms must be submitted by July 15 each year.
• For new homeschools: Forms must be submitted at least 30 days before you begin instruction.

2. Birth Certificate Requirement

If you are filing for the first time in Nebraska, you must submit a certified copy of each child’s birth certificate to the NDE along with your initial forms.

3. Required Instructional Hours

Nebraska is specific about the amount of time spent on education:

• Elementary (K-8): 1,032 hours per school year.
• Secondary (9-12): 1,080 hours per school year.

The school year typically runs from July 1 to June 30.

4. Required Subjects

Your curriculum must include instruction in the following five core areas:

1. Language Arts: Reading, writing, spelling, and grammar.
2. Mathematics
3. Science
4. Social Studies: History, civics, and geography.
5. Health

While the state defines these subjects, parents have the freedom to choose their own curriculum, textbooks, and methods of instruction.

5. Teacher Qualifications

There are no specific degree requirements for parents teaching their own children in a Rule 13 school. The parent representative simply affirms that they are capable of monitoring the instruction.

6. Assessment and Record Keeping

Nebraska does not require homeschoolers to participate in state standardized testing, nor are families required to submit portfolios or evaluations to the state. However, it is highly recommended that you maintain a log of instructional hours and samples of student work to prove compliance with Rule 13 should your program ever be questioned.

School Choice and ESA Programs

As of 2024, Nebraska does not have a universal Education Savings Account (ESA) that provides funding to homeschool families. The state recently passed LB 1402, which creates a scholarship program for students to attend private schools. However, this program is currently restricted to “eligible” schools, which are defined as approved or accredited nonpublic schools. Because Rule 13 homeschools are specifically “exempt” from approval and accreditation, they do not currently qualify for these scholarship funds. Families should monitor legislative changes, as school choice is a rapidly evolving area of law in Nebraska.

Step-by-Step Compliance Summary

1. Late Spring/Early Summer: Select your curriculum and plan your schedule to meet the 1,032 (Elementary) or 1,080 (Secondary) hour requirement.
2. By July 15: Submit Form A and Form B via the Nebraska Department of Education’s online portal or by mail.
3. First-Year Only: Include a certified birth certificate for each child.
4. Instructional Year: Maintain a simple log of days and hours taught and ensure all five required subjects are covered.
5. Annual Renewal: Repeat the filing process every year by July 15.

Contact and Official Resources

• Nebraska Department of Education (Exempt Schools Office): NDE Exempt Schools
• Statutory Reference: Nebraska Revised Statute 79-1601