Nebraska Homeschool Requirements: One Filing a Year, No Testing Ever, and the Sports Right the State's Own FAQ Doesn't Mention

Nebraska's homeschool law is short, it is old, and it changed twice in the last three years. A 2024 law stripped most of the old paperwork out of the filing, and a 2026 law amended the homeschool statute again, effective July 18, 2026. The Department of Education's 2026/27 FAQ is dated June 3, 2026, which is before that second change took effect. So we read the statutes as they stand today, read the Department's documents next to them, and marked every place the two don't line up yet.

The short version

• A Nebraska homeschool is an "exempt school." You elect not to meet state accreditation or approval requirements, under Section 79-1601.
• You file every year, by July 15, online or on paper. There is no fee. The Department acknowledges the filing; it does not approve it.
• One parent can file. Since 2024 you no longer report your curriculum or the names of whoever teaches.
• A certified birth certificate goes in once, the first year, under a missing children law.
• The hours are 1,032 a year for grades K through 8 and 1,080 for grades 9 through 12. When and how you schedule them is up to you.
• No testing, ever. The Department says the state is prohibited by law from using achievement testing to evaluate exempt school students.
• The reason you give on the filing decides your immunization duty. A religious reason, and the school immunization statute does not apply. A non-religious reason, and it does.
• Your district must let your child enroll part time and must let your child try out for its activities, including interscholastic sports, under Section 79-2,136. For association-regulated activities that means five credit hours at the school that semester.
• New in 2026: if a parent is the subject of an active child abuse or neglect investigation, a new homeschool election filed for that child is invalid for up to fourteen days.

What the law actually says you are doing

Nebraska does not have a statute called "homeschooling." It has a statute about private schools, and a door in it. Section 79-1601(2) says every private, denominational or parochial school must either meet accreditation or approval requirements or, for schools that elect not to, meet the requirements in subsections (2) through (6). A homeschool walks through that second door. The Department's own 2026/27 Exempt (Home) School FAQ puts it this way:

In Nebraska, "home schools" are referred to as exempt schools and are considered non-approved and non-accredited private schools. Exempt schools can also be outside the child's home and have students from more than one family.

The election takes effect, in the statute's words, when a statement is received by the Commissioner of Education signed by a parent, legal guardian, or educational decisionmaker of each student. Subsection (3) says what that statement has to say. Four things:

1. Why you are electing out, and there are exactly two choices. Either the accreditation requirements violate sincerely held religious beliefs of the parent, or they interfere with the decisions of the parent, legal guardian, or educational decisionmaker in directing the student's education.
2. That a parent representative will submit an assurance every year that the school's requirements are and will continue to be met.
3. That the school offers the required courses of instruction.
4. That you are satisfied that individuals monitoring instruction at such school are qualified to monitor instruction in the basic skills.

Subsection (4) then lists what the school itself has to do: meet minimum health, fire and safety standards; report attendance under Section 79-201; maintain a sequential program of instruction designed to lead to basic skills in the language arts, mathematics, science, social studies, and health; and, in one case, comply with the immunization statute. That one case is the most consequential checkbox on the form.

The one checkbox that decides your immunization duty

Read subsection (4)(d) of 79-1601 carefully. The school must:

comply with the immunization requirements in section 79-217 if the statement signed by the parent, legal guardian, or educational decisionmaker indicates a nonreligious reason pursuant to subdivision (3)(a)(ii) of this section

The Department's FAQ answers the same question in plain words. Asked whether school immunization requirements apply to a homeschooled child, it says yes, unless the Statement of Election for the child indicates the reason for electing an exempt school was for religious reasons. It adds that the exempt school does not send those records to the Department, but should keep a record of the immunizations.

And the Department's 2026/27 paper filing instructions say what happens if you skip the question:

If neither box is selected, NDE will assume you are filing under the "other" option which means you must comply with the immunizations requirements in Section 79-217 of the Revised Statutes of Nebraska with exception as provided in Sections 79-221 and 79-222.

A blank box is not neutral. It is read as the non-religious reason, with the immunization duty attached, subject to the exceptions in those two sections. The form's own wording for the second box says the same thing in the first person: I am aware that under this election exempt schools must comply with the immunization requirements.

So the reason you mark is not a formality. It is the switch for a separate legal duty. We are not going to tell you which box to check, because it is your family's answer to a question about your own convictions, and the statute requires the religious one to be a sincerely held belief. We are telling you to read both choices before you sign, and to know that they are not interchangeable.

The filing: when, how, and what comes back

The Department's FAQ is direct about the date:

The deadline is July 15 of each year the school will be in operation, whether using the online system or mailing or dropping off paper documents to NDE.

The record-keeping year runs July 1 through June 30. The 2026/27 paper instructions add that filings are still accepted after July 15. A family moving into Nebraska, or pulling a child out of school mid-year, files then, and the rule has separate provisions for both.

• How: the Department calls online filing through the Nebraska Exempt School Program site the preferred and quickest method. Paper goes by mail to the Exempt School Program Office, PO Box 94987, Lincoln, NE 68509-4987, or can be dropped off at 500 S. 84th Street in Lincoln. Not by email or fax. And file one way only: the Department's page says do NOT submit both ways.
• Who: since LB 1027 of 2024, only one parent, legal guardian, or educational decisionmaker is required to complete the filing. That parent also names one Parent Representative, the person responsible for the paperwork.
• What you no longer send: curriculum information and the names of instructional monitors. The FAQ says both, in the same words: no longer required to be reported.
• Cost: There is no fee to file for the exemption with NDE.
• What comes back: a letter signed by the Commissioner of Education. The FAQ is careful about what it means: exempt schools are acknowledged only, they are not approved or disapproved. Online filers get it by automated email as soon as they submit.
• Your district: you don't have to tell them. NDE will provide the official notification to your resident public school district. If your child is in a district through the Enrollment Option Program, though, the Department notifies only your district of residence, so show the option district your letter and cancel the option yourself.

Keep that acknowledgement letter. The Department tells you to, for any future needs you will have to produce a document regarding this school. It is the only piece of paper the state will ever give you showing your child was lawfully in school that year.

The birth certificate, once

The first year, you also provide a certified copy of each child's birth certificate. That comes from the Missing Children Identification Act, Section 43-2007, not from the homeschool law. The FAQ explains what "certified" means: a document from a state vital records office with a stamped or raised seal. A notarized photocopy doesn't count, and neither does a hospital birth record. A color scan or photocopy showing the seal is fine. You don't send it again in later years unless you haven't filed in the past five school years. If you can't produce one, the statute allows other reliable proof of identity and age with a notarized affidavit explaining why.

Which children you file for

Section 79-201 sets mandatory attendance age:

a child is of mandatory attendance age if the child (a) will reach six years of age prior to January 1 of the then-current school year and (b) has not reached eighteen years of age.

Two things follow that catch families out.

Nebraska's window runs to eighteen, later than many states. A sixteen year old is still in it. The FAQ is explicit that you file every year until your child turns eighteen, unless you formally withdraw them at sixteen or report that they've completed your program (both covered below).

The six year old year has a fork in it. A child who turns six before January 1 is of mandatory attendance age, and if they aren't in an approved or accredited school you have two lawful choices. You can file for exempt status now and start teaching. Or, under 79-201(3)(e), you can sign an affidavit that you intend for the child to attend an exempt school and will file with the Commissioner on or before the child's seventh birthday, and file that affidavit with your local school district. The Department's FAQ flags this in bold: NDE does not provide or collect this affidavit form. Ask your district for it. A family that does neither for a six year old is, on the face of the statute, out of compliance.

The hours, and the one timing rule

The Department's FAQ, in its answer about calendars:

There are no legal or regulatory requirements other than that you must provide 1,032 hours of instruction (elementary grades) or 1,080 hours of instruction (secondary grades) for the school year. The particulars of your school "calendar" in providing those hours is up to you.

Elementary means K through 8 and secondary means 9 through 12, and the hours must fall inside July 1 through June 30. Nebraska's Supreme Court has said the same thing about timing. In State v. Thacker (2013), annotated under Section 79-201, the Court held that an exempt school's ability to complete the minimum instruction hours is the only timing requirement imposed upon an exempt school's calendar year. Your school year doesn't have to start when the public schools start.

For a mid-year switch, the FAQ says you may prorate: the public school hours already completed plus your hours for the rest of the year must reach the same minimum.

Who can teach

The statute calls the teacher an individual monitoring instruction, and subsection (5)(a) says such people shall not be required to meet the certification requirements for teachers. The FAQ: There are no formal educational qualifications. Your signature on the election is the qualification check.

There is one hard line. Subsection (5)(b) says anyone monitoring or providing instruction at an exempt school shall not have been convicted of any felony offense under a listed set of sexual assault, child abuse and related statutes. That applies to anyone you bring in to teach, not only to you. Since you no longer report monitors to the state, nobody checks it for you. Check it yourself.

You can teach other families' children too. The FAQ answers that question with one word: Yes. A multi-family exempt school collects a Statement of Election from a parent of each family and files them together.

Testing: none, and the state is barred from using it

From the FAQ:

Such testing is not required of exempt school students. The state laws concerning statewide assessment of students only apply to "school districts." The state is prohibited by law from using any achievement testing of exempt school students for the purpose of measuring, comparing or evaluating the competency of exempt school students.

That is a strong sentence, and it means nobody official will ever tell you where your child stands. If you want to know, you have to find out yourself.

The right the FAQ doesn't spell out: your district's teams

The Department's FAQ does tell you, correctly, that under Section 79-2,136 each public school district is to allow part time enrollment of exempt school students. Ask the same FAQ whether a homeschooled child can play high school sports, though, and it refers you to the Nebraska School Activities Association's bylaws. Ask about music or drama and it says to check with the school for their board policy. Both answers are true. Neither tells you that the same statute requires the board to have that policy, or what the policy has to say.

Section 79-2,136, as amended effective July 18, 2026, opens with the classes:

Each school board shall allow the part-time enrollment of students, for all courses selected by the students, who are residents of, or admitted to, the school district

and it expressly reaches students enrolled in a school that elects under 79-1601 not to meet accreditation requirements. Shall allow. For all courses selected by the students. One period of chemistry, band, or a welding class is your child's right, not a favor.

Subsection (2) does the same for activities. Each board shall establish policies and procedures to let a resident exempt school student

participate in any extracurricular activities as defined in section 79-2,126, including, but not limited to, interschool competitions, to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled in a public school governed by such board

Then it adds a sentence that many families would not expect:

except that any school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements shall set the standards for satisfactory academic performance for a student from the school to participate in extracurricular activities pursuant to this subsection and shall provide assurances of compliance with such academic standards.

Your homeschool sets its own academic eligibility standard, and you give the district a written assurance that your child meets it. Write the standard down before the season starts. A standard that exists only in your head can't be assured.

Subsection (3) sets the price of admission, and it differs by activity:

• Activities regulated by an athletics or activities association the school belongs to (in practice, NSAA sports and NSAA activities): the board shall require five credit hours of enrollment in the district that semester. It may not cap you at five.
• Activities governed by some other national or state organization: only the minimum that organization requires.
• Everything else (a club, a school play not run by an outside body): the board may require up to five credit hours.
• No favoritism: the board shall not allow any preference in the selection of a student for participation in an extracurricular activity based on such student's status as a full-time student.

Two honest limits. Neither part-time enrollment nor activities entitles your child to a bus ride, except to and from practices and events to the same extent as other participants. And subsection (5) says none of this exempts your child from compulsory attendance, so you still file your exempt school election every year. NSAA's own bylaws still apply on top. Get your district's written policy in the spring, and check NSAA's current eligibility rules with the athletic director before the season, not during it.

New in 2026: the fourteen-day hold

LB 937 of 2026 created Section 28-711.01, effective July 18, 2026, and amended 79-1601 to point to it. When a report of child abuse or neglect leads to an active investigation by the Department of Health and Human Services, and the subject of that report is the child's parent or guardian, the Department notifies the district superintendent and the Commissioner of Education. Then, for that child:

The subject of the report for whom a notice has been provided in accordance with this section shall not transfer or otherwise disenroll such student from the student's current school for fourteen days after receipt of the notice or until further notice from the department, whichever occurs first. Any new election filed under section 79-1601 for such student to attend an exempt school shall be invalid during such time period.

We are including it because it is now part of the law a family will read about, and because the facts matter more than the rumors. It applies only after a notice that follows an active DHHS investigation in which the parent is the subject. It blocks a new election for that child. It lasts fourteen days or until DHHS says otherwise, whichever occurs first. For every other family pulling a child out mid-year, nothing about the process changed.

Switching mid-year, the right way round

The FAQ's order of operations is worth following exactly. Instruction can begin after NDE has received your exempt school submission, and on withdrawing:

It is highly advisable to withdraw after NDE has received your exempt school submission.

File first, get the acknowledgement letter (online, that's immediate), then withdraw. The Department also suggests talking with the school before you withdraw. The order matters because a child who has been withdrawn but has no election on file isn't in any school, and that gap is exactly what Nebraska's truancy statutes are for. Then prorate the year's hours as described above.

The two forms for the end

Because attendance runs to eighteen, Nebraska has two formal exits, and the FAQ says each one requires telling the Commissioner promptly:

• Withdrawal at sixteen or seventeen. Under Section 79-202, a parent can withdraw a child who is at least sixteen by filing the Withdrawal of a Child(ren) From the Exempt School form. You have to ask the Exempt School Program Office for it.
• Completion before eighteen. If your child finishes your program of instruction before eighteen, you file a Report of Completion of Program of Instruction. Section 79-201(3)(b) is what makes that a lawful end to compulsory attendance.

Neither happens on its own. A family that just stops filing for a seventeen year old has, on paper, stopped schooling a child of mandatory attendance age.

Diplomas, transcripts, and the records nobody asks for

The FAQ: The State of Nebraska does not issue high school diplomas to exempt school students. Your exempt school may issue its own, which the Department doesn't collect or certify, and It is up to the receiving entity on whether or not the diploma presented is acceptable.

On records, the Department says Rule 13 doesn't address record keeping or retention, and still advises you to keep attendance data and a transcript of classes taken with grades received for each child. Put those two answers side by side. The state asks for no grades and keeps none. The college, employer or school that receives your child's diploma decides whether it is acceptable, and the transcript you kept is the evidence they'll look at. If your child might go back to a public or private high school, its board decides what credit to accept. The FAQ sends you to the local policy and Rule 19.

Where the rules stand right now, honestly

Nebraska's homeschool regulation, Title 92, Chapter 13 (Rule 13), has been under revision since LB 1027 took effect. The 2026/27 FAQ, dated June 3, 2026, says Rule 13 is currently under revision and that provisions not affected by LB 1027 remain effective. The Department's Exempt School Program page, read in October 2026, now links Rule 13, Effective 06/28/2026. And LB 937's amendments to the statutes took effect July 18, 2026, after the FAQ was written. We have quoted the statutes as currently published by the Legislature, and quoted the FAQ only where nothing in the statute contradicts it. Before you rely on a specific Rule 13 section number, check the current rule through the Department's page.

What this actually means for your week

Nebraska asks one filing a year, a set number of hours, and five subjects taught in sequence. Nobody tests your child or reviews your curriculum, and you never report who teaches. That is real freedom.

The cost is the same as in every low-oversight state: nobody will tell you how your child is doing, and the records that matter later (the transcript a college reads, the academic standard you assure to an athletic director, the hours you'd show if anyone asked) only exist if you keep them as you go.

That is what we built. Mrs. M teaches your child the core subjects one on one, at their level, and keeps a record of every session as a byproduct of teaching it: which subject, which lesson, what your child worked on, and how they did. When it's time to write a transcript, the record is already there. We don't promise your child will hit any particular mark, in Nebraska or anywhere else. Nobody honest does. What we can say is that the paperwork shouldn't be the thing that costs your family a season or a transcript.

Curious how this works day to day without a state curriculum to follow? Here's the honest guide to teaching your own curriculum with us, written for every out-of-state family, Nebraska included. Since the records Nebraska never asks for are the ones that matter later, homeschool record keeping is the natural next read. Or see the requirements for every other state.