Many families choose homeschooling because they want the freedom to choose how their kids are educated. Some parents are dissatisfied with public school curricula, while others opt for homeschooling for religious reasons. For some, it simply aligns better with their lifestyle.
In Nebraska, you have the right to homeschool your children as long as you adhere to state laws and regulations. However, challenges can arise when dealing with the school district or local government, and even a minor mistake could lead to significant issues.
At the Lento Law Firm, we support homeschool families in navigating any legal challenges that may affect their chosen method of education. We are dedicated to protecting your right to homeschool and will manage any interactions with school or government officials on your behalf. Contact us at 888-535-3686 to schedule a consultation, or fill out our contact form, and a member of our team will reach out to you.
Homeschool Laws and Regulations in Nebraska
Nebraska state law allows parents and guardians to educate their children at home by electing not to meet state approval or accreditation requirements. “Home schools” are technically considered non-approved and non-accredited private schools in Nebraska. As such, they can be outside of the family home and include children from more than one family.
Homeschools in Nebraska used to have strict reporting requirements, forcing parents or instructors to submit a great deal of paperwork and evidence to the Nebraska Department of Education (NDE) every school year. Since a new law took effect in July 2024, however, many of these requirements have been lifted.
It can be confusing to know which forms you have to submit when, and it's easy to make errors. The NDE and local school district might try to use all this potential red tape to their advantage and target your homeschool program by saying it isn't compliant if the district is threatening to shut you down even though you've submitted everything you're supposed to, give our Education Law Team a call. We understand the struggles homeschool families in Nebraska face, and we're ready to help you defend your right to educate your child how you see fit.
Homeschooling and Attendance in Nebraska
In Nebraska, children from ages six to 18 are required to attend school. You can be exempt from this requirement, but you have to follow certain regulations to do so. There are two ways to exempt your child from this requirement:
- You can sign an affidavit stating that you intend to have your child participate in an exempt school and file it with the school district where your child resides. You'll need to get the exempt affidavit form from the school district.
- You can file for exempt status with the NDE for the school year. If you choose this option, you'll have to more closely follow rules concerning your child's education. These rules were loosened slightly in 2024, however, with a new law that took effect.
K-12 Dual Enrollment in Nebraska
Nebraska allows you to dual enroll your children, meaning they attend their exempt school (homeschool) part-time and an accredited K-12 public or private school part-time. Note that curriculum through an online school doesn't count as dual enrollment. Also, if you homeschool your child and they take additional courses offered by a postsecondary institution, those courses aren't considered K-12 dual enrollment. Some families may choose to do this dual enrollment option so that their children can more easily access a public school's extracurricular activities or so they don't have to provide all textbooks or other educational materials themselves.
Attendance Rule Exceptions
Nebraska has a rule that allows parents and guardians to delay their child's entry to school until age 7, despite the mandatory schooling age being 6-18. If you choose this option, you'll still have to file an exemption with the NDE.
There's also an exemption for children who are 16 years old. If your child is 16 or 17, you can withdraw them from public school before graduation and exempt them from the mandatory attendance requirement. However, there must be an exit interview with the superintendent, and you must sign the proper forms with the Commissioner of Education. Also, if your child is in an exempt school and completes graduation requirements before they turn 18, you still need to notify NDE that their instruction is complete.
State laws concerning school age and which forms you're supposed to file when can be confusing. You have to ensure you're submitting the proper paperwork to the proper entity so that you don't get in trouble later. Even if you have provided the right forms or affidavits, the school district may still try to accuse you of not following the rules. At the Lento Law Firm, we understand the administrative struggle Nebraska homeschooling parents face. Although the 2024 law was designed to lighten this burden slightly, many parents still struggle to understand what their real requirements are. Our Education Law Team can help you defend your right to homeschool if your local school district accuses you of filing the wrong paperwork.
Required Attendance Hours for Homeschooled Students in Nebraska
Although you're free to choose your child's curriculum and educational materials, you do have to provide a minimum number of hours of instruction:
- Grades K-8: 1,032 hours for one school year
- Grades 9-12: 1,080 hours for one school year
For these hours to count toward a specific school year, they must happen between July 1 of the preceding year and June 30 of the following year (for example, from July 1, 2024 to June 30, 2025). You'll have to report these hours using either the Nebraska Exempt School Program/Instructions for an Exemption via Online Submission or the Authorized Parent Representative paper form.
If the NDE or your local school district tries to penalize your homeschool for not providing enough instruction hours, the Lento Law Firm can help. Keeping up with all the reporting requirements can be difficult, but if you've filed everything properly and you're still getting trouble from local school officials, you shouldn't have to deal with it alone. Our team understands Nebraska education law, and we can help defend your interests when it comes to your homeschooling and your child's education.
Qualifications for Homeschool Teachers in Nebraska
The state of Nebraska doesn't set formal requirements for homeschool instructors. You can also instruct children in exempt schools who are not your own. You must sign the Statement of Election and Assurances to confirm that you (or the homeschool instructor you choose) have basic skills in language arts, math, science, social studies, and health. As of 2024, instruction monitors are no longer required to be reported to the NDE.
Parents or guardians who homeschool do not have to follow any set curricula from the state of Nebraska. They're responsible for finding their own curriculum that fits the needs of the exempt school student and includes basic skills in language arts, mathematics, science, social studies, and health. Until 2024, the law required parents or educational decision-makers of homeschools to submit evidence of their curricula to the NDE. However, evidence is no longer required, and you can submit written assurance of compliance with statutes and regulations.
If your local school district is giving you trouble about your qualifications as a homeschool teacher or requests to see educational credentials to prove you're fit to be an exempt school instructor, you can contact our Education Law Team. You shouldn't be penalized or prevented from doing your homeschool program just because your school board doesn't understand Nebraska education law. We'll help ensure that the compliant exempt school program you've set up is allowed to keep operating, no matter how incompetent the local school district is.
Homeschool High School Diplomas in Nebraska
Nebraska doesn't issue high school diplomas to exempt school students. You can choose to create a diploma for your child to certify their completion of instruction, but NDE doesn't collect or certify these diplomas. You should try to keep a transcript with all the courses your child completed in addition to a diploma, and make sure your child has a copy when they apply for colleges or jobs. Some universities and employers recognize these documents as proof of K-12 education, but state law doesn't require them to.
Many kids who went through a homeschool program take the General Education Development (GED) exam to get a high school equivalency credential. Students who earn their GED and meet other eligibility criteria can then request a certified high school diploma from the NDE.
If your child passes their GED and meets the requirements for a high school diploma, but the NDE still refuses to issue one, you should call the Lento Law Firm's Education Law Team. Nebraska has a lot of hoops to jump through for homeschool families, and if you and your child manage to navigate these processes successfully, your child should get the credentials they've earned. Our team can liaise with the NDE on your behalf and defend your child's interests when it comes to homeschooling education.
Homeschooling Special Education Students in Nebraska
If your child has special needs, you don't have to follow any specific requirements concerning their homeschool education—you're free to design the program how you want. School districts still have legal responsibilities concerning special education, however:
- They must identify all children between the ages of 3-21 residing within their district that are possibly eligible for special education, including homeschooled children.
- They must provide free and appropriate education (FAPE) services to children ages 3-21 who reside in their district, even if the child attends a non-public school.
You can, therefore, get FAPE services from your local school district if you wish. School districts also have to have an annual consultation meeting with homeschool parent representatives in their district to discuss the design and development of special education and related services for children with disabilities attending homeschools and non-public schools.
If you're having difficulties getting special education services that you're entitled to from your local school district, or the district is trying to impose any special education restrictions on your homeschool program, you should call the Lento Law Firm. Our Education Law Team is familiar with Nebraska education law and is ready to defend your rights.
Testing Requirements for Homeschool Students in Nebraska
Homeschooled students in Nebraska aren't required to participate in standardized testing. School districts also aren't allowed to use achievement testing to measure, compare, or evaluate the competency of homeschooled students. However, if you'd like your child to take a standardized test for your own interest, you won't be able to get any support from your local school district.
Don't let local school officials or the NDE tell you that your child must take standardized tests. If you don't want these exams to be part of your child's education, you have every right to exclude them. The Lento Law Firm's Education Law Team can help you defend your decision.
Defending Nebraska's Homeschool Families
As homeschooling continues to grow in popularity in Nebraska, families may face various challenges, including meeting legal requirements, addressing concerns about socialization, and securing the necessary educational resources. It's essential for homeschooling families to be proactive in navigating these obstacles. Collaboration between parents and policymakers is key to protecting homeschooling rights and ensuring that children receive a high-quality education.
At the Lento Law Firm, our Education Law Team is here to provide the guidance you need regarding your homeschooling rights and to represent you in any disputes with governing bodies. We are committed to helping you defend your choice to homeschool.
Our attorneys can assist you in understanding mandatory education laws, adapting to regulatory changes that may impact homeschoolers, and addressing challenges from local authorities. We are dedicated to protecting your interests and advocating on your behalf.
Contact us today to learn how we can support your homeschooling rights. You can reach us at 888-535-3686 or by filling out our online contact form.
