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Nebraska Education Code For Homeschooling

This is not intended to be legal advice and is distributed for information purposes only. Check for updates to Nebraska homeschooling laws at your public library or online. Home schools are considered "private schools" in Nebraska.

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Compulsory attendance: From 7 to 16 years of age. Section 79-201

Beginning with the 2005/2006 school year, 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. For more information on compulsory age requirements.

Days: 1,032 hours for elementary grades and 1,080 hours for high school grades per year. Section 79-211

Teacher Qualifications: None. Section 79-1601(3)

Subjects: Section 79-1601 (2)

  • language arts
  • math
  • science
  • social studies
  • health

Testing: While the State Board of Education could test those in private schools, to date, they have chosen not to.



From Education Support Services, Nebraska Department of Education

In Nebraska, "home schools" are referred to as exempt schools.  By State statute, they are referred to as non-approved or non-accredited schools.  On the ESS site you will find information pertaining to the law affecting exempt schools as well as frequently asked questions and answers along with a list of home school resources.

EXEMPT SCHOOL GENERAL INFORMATION

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 to not meet the States approval or accreditation requirements as prescribed in Section 79-318 R.R.S.  By filing for exempt status, parents are electing to not 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 (3) Upon enrollment of a student who is receiving his or her education in an exempt school subject to sections 79-1601 to 79-1607, the parent or guardian of such student shall provide to the Commissioner of Education either (a) a certified copy of the student's birth certificate or (b) other reliable proof of the student's identity and age accompanied by an affidavit explaining the inability to produce a copy of the birth certificate.

For more information, see statute (Section 79-1601, R.R.S.), Rule 12 or Rule 13 or Frequently Asked Questions. [revised annually]

For more information, contact: Beth Bolte at or (402) 471-2795, or Micki Iverson at

or (402) 471-1894.


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