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| Nebraska Laws Regulating Home Education |
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43-2007 Schools; home school; duties. |
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(1) Upon notification by the patrol of a
missing person, any school in which the missing person is
currently or was previously enrolled shall flag the school
records of such person in such school's possession. The school
shall report immediately any request concerning a flagged record
or any knowledge of the whereabouts of the missing person.
(2) Upon enrollment of a student for the first time in
a public school district or private school system, the school of
enrollment shall notify in writing the person enrolling the
student that within thirty days he or she must provide 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.
(3) The parent or guardian of a child who is receiving
his or her education in a home school subject to sections 79-1601
to 79-1607 shall, not later than October 1 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.
(4) Upon failure of the person, parent, or guardian to
comply with subsection (2) or (3) of this section, the school or
Commissioner of Education shall notify such person, parent, or
guardian in writing that unless he or she complies within ten
days the matter shall be referred to the local law enforcement
agency for investigation. If compliance is not obtained within
such ten-day period, the school or commissioner shall immediately
report such matter. Any affidavit received pursuant to
subsection (2) or (3) of this section that appears inaccurate or
suspicious in form or content shall be reported immediately to
the local law enforcement agency by the school or commissioner.
(5) Any school requested to forward a copy of a
transferred student's record shall not forward a copy of such
record to the requesting school if the record has been flagged
pursuant to subsection (1) of this section. If such record has
been flagged, the school to whom such request is made shall
notify the local law enforcement agency of the request and that
such student is a reported missing person.
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79-1601 Private, denominational, or parochial schools, teachers, and employees; laws applicable; election not to meet accreditation or approval requirements. |
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(1) Except as provided in subsections (2)
through (6) of this section, all private, denominational, and
parochial schools in the State of Nebraska and all teachers
employed or giving instruction in such schools shall be subject
to and governed by the provisions of the general school laws of
the state so far as the same apply to grades, qualifications, and
certification of teachers and promotion of pupils. All private,
denominational, and parochial schools shall have adequate
equipment and supplies, shall be graded the same, and shall have
courses of study for each grade conducted in such schools
substantially the same as those given in the public schools where
the children attending would attend in the absence of such
private, denominational, or parochial schools.
(2) All private, denominational, or parochial schools
shall either comply with the accreditation or approval
requirements prescribed in section 79-318 or, for those schools
which elect not to meet accreditation or approval requirements,
the requirements prescribed in section 79-318 and subsections (2)
through (6) of this section. Standards and procedures for
approval and accreditation shall be based upon the program of
studies, guidance services, the number and preparation of
teachers in relation to the curriculum and enrollment,
instructional materials and equipment, science facilities and
equipment, library facilities and materials, and health and
safety factors in buildings and grounds. Rules and regulations
which govern standards and procedures for private,
denominational, and parochial schools which elect, pursuant to
the procedures prescribed in subsections (2) through (6) of this
section, not to meet state accreditation or approval requirements
shall be based upon evidence that such schools offer a program of
instruction leading to the acquisition of basic skills in the
language arts, mathematics, science, social studies, and health.
Such rules and regulations may include a provision for the
visitation of such schools and regular achievement testing of
students attending such schools in order to insure that such
schools are offering instruction in the basic skills listed in
this subsection. Any arrangements for visitation or testing
shall be made through a parent representative of each such
school. The results of such testing may be used as evidence that
such schools are offering instruction in such basic skills but
shall not be used to measure, compare, or evaluate the competency
of students at such schools.
(3) The provisions of subsections (3) through (6) of
this section shall apply to any private, denominational, or
parochial school in the State of Nebraska which elects not to
meet state accreditation or approval requirements. Elections
pursuant to such subsections shall be effective when a statement
is received by the Commissioner of Education signed by the
parents or legal guardians of all children attending such
private, denominational, or parochial school, 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 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, (b) an authorized representative of such
parents or legal guardians will at least annually submit to the
Commissioner of Education the information necessary to prove that
the requirements of subdivisions (4)(a) through (c) of this
section are satisfied, (c) the school offers the courses of
instruction required by subsections (2), (3), and (4) of this
section, and (d) the parents or legal guardians have satisfied
themselves that individuals monitoring instruction at such school
are qualified to monitor instruction in the basic skills as
required by subsections (2), (3), and (4) of this section and
that such individuals have demonstrated an alternative competency
to monitor instruction or supervise children pursuant to
subsections (3) through (6) of this section.
(4) Each such private, denominational, or parochial
school shall (a) meet minimum requirements relating to health,
fire, and safety standards prescribed by state law and the rules
and regulations of the State Fire Marshal, (b) report attendance
pursuant to section 79-201, (c) maintain a sequential program of
instruction designed to lead to basic skills in the language
arts, mathematics, science, social studies, and health, and (d)
comply with the immunization requirements in section 79-217 if
the statement signed by the parents or legal guardians indicate a
nonreligious reason pursuant to subdivision (3)(a)(ii) of this
section for the student attending a private, denominational, or
parochial school which elects not to meet state accreditation or
approval requirements. The State Board of Education shall
establish procedures for receiving information and reports
required by subsections (3) through (6) of this section from
authorized parent representatives who may act as agents for
parents or legal guardians of students attending such school and
for individuals monitoring instruction in the basic skills
required by subsections (2), (3), and (4) of this section.
(5) Individuals employed by schools which elect not to
meet state accreditation or approval requirements shall not be
required to meet the certification requirements prescribed in
sections 79-801 to 79-815 but shall either (a) take appropriate
subject matter components of a nationally recognized teacher
competency examination designated by the State Board of Education
as (i) including the appropriate subject matter areas for
purposes of satisfying the requirements of subsections (3) and
(4) of this section and (ii) a nationally recognized examination
or (b) offer evidence of competence to provide instruction in the
basic skills required by subsections (3) and (4) of this section
pursuant to informal methods of evaluation which shall be
developed by the State Board of Education. Such evidence may
include educational transcripts, diplomas, and other information
regarding the formal educational background of such individuals.
Information concerning test results, transcripts, diplomas, and
other evidence of formal education may be transmitted to the
State Department of Education by authorized representatives of
parents or legal guardians. The results of such testing or
alternative evaluation of individuals who monitor the instruction
of students attending such schools may be used as evidence of
whether or not such schools are offering adequate instruction in
the basic skills prescribed in subsections (2), (3), and (4) of
this section but shall not be used to prohibit any such school
from employing such individuals. Failure of a monitor, who is
tested for the purpose of satisfying in whole or in part the
requirements of subsections (3) through (6) of this section, to
attain a score equal to or exceeding both the state or national
average score or rating on appropriate subject matter components
of recognized teacher competency examinations designated by the
State Board of Education may be by itself sufficient proof that
such school does not offer adequate instruction in the basic
skills prescribed in subsections (3) and (4) of this section.
(6) The demonstration of competency to monitor
instruction in a private, denominational, or parochial school
which has elected not to meet state accreditation or approval
requirements shall in no way constitute or be construed to grant
a license, permit, or certificate to teach in the State of
Nebraska. Any school which elects not to meet state
accreditation or approval requirements and does not meet the
requirements of subsections (2) through (6) of this section shall
not be deemed a school for purposes of section 79-201, and the
parents or legal guardians of any children attending such school
shall be subject to prosecution pursuant to such section or any
statutes relating to habitual truancy.
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79-1604 Private, denominational, or parochial schools; management and control. |
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For the purposes of sections 79-1601 to
79-1607, the owner or governing board of any private,
denominational, or parochial school shall have authority to
select and purchase textbooks, equipment, and supplies, to employ
teachers, and to have and exercise the general management of the
school, subject to the provisions of such sections.
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79-1605 Private, denominational, or parochial schools; inspection by public school official; when required. |
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The superintendent of the high school
district and its affiliated territory in which any private,
denominational, or parochial school is located, which school is
not otherwise inspected by an area or diocesan representative
holding a Nebraska certificate to administer, shall inspect such
schools and report to the proper officers any evidence of failure
to observe any of the provisions of sections 79-1601 to 79-1607.
The Commissioner of Education, when in his or her judgment it is
deemed advisable, may appoint a public school official other than
such superintendent, including a member of the State Department
of Education, for such inspections. Such appointee shall hold a
Nebraska certificate to administer. The State Board of Education
shall require the superintendents and appointed public school
officials to make such inspections at least twice a year, and the
school officers of such schools and the teachers giving
instruction in such schools shall permit such inspection and
assist and cooperate in the making of the same.
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79-1606 Private, denominational, or parochial schools; nonconformity with school law; penalty. |
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In case any private, denominational, or
parochial school, after a final determination by the proper
authorities under sections 79-1601 to 79-1607, fails, refuses, or
neglects to conform to and comply with such sections, no person
shall be granted or allowed a certificate to teach in such school
and the pupils attending such school shall be required to attend
the public school of the proper district as provided by law in
like manner as though there were no such private, denominational,
or parochial school. Full credit for certification under the law
shall be given all teachers who have taught in private,
denominational, or parochial schools the same as though they had
taught in public schools.
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79-201 Compulsory education; attendance required; exceptions. |
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(1) For purposes of this section:
(a) Prior to July 1, 2005, a child is of mandatory
attendance age if the child (i) has reached seven years of age,
(ii) did not reach sixteen years of age prior to July 16, 2004,
and (iii) has not reached eighteen years of age; and
(b) On and after July 1, 2005, a child is of mandatory
attendance age if the child (i) will reach six years of age prior
to January 1 of the then-current school year, (ii) did not reach
sixteen years of age prior to July 16, 2004, and (iii) has not
reached eighteen years of age.
(2) Except as provided in subsection (3) of this
section, every person residing in a school district within the
State of Nebraska who has legal or actual charge or control of
any child who is of mandatory attendance age or is enrolled in a
public school shall cause such child to enroll in, if such child
is not enrolled, and attend regularly a public, private,
denominational, or parochial day school which meets the
requirements for legal operation prescribed in Chapter 79, or a
school which elects pursuant to section 79-1601 not to meet
accreditation or approval requirements, each day that such school
is open and in session, except when excused by school authorities
or when illness or severe weather conditions make attendance
impossible or impracticable.
(3) Subsection (2) of this section does not apply in
the case of any child who:
(a) Has obtained a high school diploma by meeting the
graduation requirements established in section 79-729;
(b) Has completed the program of instruction offered by
a school which elects pursuant to section 79-1601 not to meet
accreditation or approval requirements;
(c) Has reached the age of eighteen years;
(d) Has reached the age of sixteen years and such
child's parent or guardian has signed a notarized release
discontinuing the enrollment of the child on a form provided by
the school;
(e)(i) Will reach six years of age prior to January 1
of the then-current school year, but will not reach seven years
of age prior to January 1 of such school year, (ii) such child's
parent or guardian has signed an affidavit stating that the child
is participating in an education program that the parent or
guardian believes will prepare the child to enter grade one for
the following school year, and (iii) such affidavit has been
filed by the parent or guardian with the school district in which
the child resides;
(f)(i) Will reach six years of age prior to January 1
of the then-current school year but has not reached seven years
of age, (ii) such child's parent or guardian has signed an
affidavit stating that the parent or guardian intends for the
child to participate in a school which has elected or will elect
pursuant to section 79-1601 not to meet accreditation or approval
requirements and the parent or guardian intends to provide the
Commissioner of Education with a statement pursuant to subsection
(3) of section 79-1601 on or before the child's seventh birthday,
and (iii) such affidavit has been filed by the parent or guardian
with the school district in which the child resides; or
(g) Will not reach six years of age prior to January 1
of the then-current school year and such child was enrolled in a
public school and has discontinued the enrollment according to
the policy of the school board adopted pursuant to subsection (4)
of this section.
(4) The board shall adopt policies allowing
discontinuation of the enrollment of students who will not reach
six years of age prior to January 1 of the then-current school
year and specifying the procedures therefor.
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79-211 Minimum school term. |
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The school term shall not be less than (1) one
thousand thirty-two instructional hours for elementary grades and
(2) one thousand eighty instructional hours for high school
grades in any public school district or private, denominational,
or parochial school. If any district which receives twenty
percent or more of its total receipts for general fund purposes
from federal sources fails to actually receive receipts
anticipated at the time of the adoption of the school budget from
taxes, state funds, federal funds, tuition, or other sources, the
school board or board of education of such district may, at any
time during the school year, elect to close all or part of its
schools.
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79-214 Admission of children; kindergarten or beginner grade; age; evidence of physical examination; when; exception. |
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(1) Except as provided in subsection (2) of
this section, the school board of any school district shall not
admit any child into the kindergarten or beginner grade of any
school of such school district unless such child has reached the
age of five years or will reach such age on or before October 15
of the current year.
(2) The board may admit a child who will reach the age
of five between October 16 and February 1 of the current school
year if the parent or guardian requests such entrance and
provides an affidavit stating that (a) the child attended
kindergarten in another jurisdiction in the current school year,
(b) the family anticipates relocation to another jurisdiction
that would allow admission within the current year, or (c) the
child has demonstrated through recognized assessment procedures
approved by the board that he or she is capable of carrying the
work of kindergarten or the beginner grade.
(3) The board shall comply with the requirements of
subsection (2) of section 43-2007 and shall require evidence of a
physical examination by a physician, a physician assistant, or an
advanced practice registered nurse within six months prior to the
entrance of a child into the beginner grade and the seventh grade
or, in the case of a transfer from out of state, to any other
grade of the local school, except that no such physical
examination shall be required of any child whose parent or
guardian objects in writing. The cost of such physical
examination shall be borne by the parent or guardian of each
child who is examined.
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79-318 State Board of Education; powers; duties. |
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The State Board of Education shall:
(1) Appoint and fix the compensation of the
Commissioner of Education;
(2) Remove the commissioner from office at any time for
conviction of any crime involving moral turpitude or felonious
act, for inefficiency, or for willful and continuous disregard of
his or her duties as commissioner or of the directives of the
board;
(3) Upon recommendation of the commissioner, appoint
and fix the compensation of a deputy commissioner and all
professional employees of the board;
(4) Organize the State Department of Education into
such divisions, branches, or sections as may be necessary or
desirable to perform all its proper functions and to render
maximum service to the board and to the state school system;
(5) Provide, through the commissioner and his or her
professional staff, enlightened professional leadership,
guidance, and supervision of the state school system, including
educational service units. In order that the commissioner and
his or her staff may carry out their duties, the board shall,
through the commissioner: (a) Provide supervisory and
consultation services to the schools of the state; (b) issue
materials helpful in the development, maintenance, and
improvement of educational facilities and programs; (c) establish
rules and regulations which govern standards and procedures for
the approval and legal operation of all schools in the state and
for the accreditation of all schools requesting state
accreditation. All public, private, denominational, or parochial
schools shall either comply with the accreditation or approval
requirements prescribed in this section and section 79-703 or,
for those schools which elect not to meet accreditation or
approval requirements, the requirements prescribed in subsections
(2) through (6) of section 79-1601. Standards and procedures
for approval and accreditation shall be based upon the program of
studies, guidance services, the number and preparation of
teachers in relation to the curriculum and enrollment,
instructional materials and equipment, science facilities and
equipment, library facilities and materials, and health and
safety factors in buildings and grounds. Rules and regulations
which govern standards and procedures for private,
denominational, and parochial schools which elect, pursuant to
the procedures prescribed in subsections (2) through (6) of
section 79-1601, not to meet state accreditation or approval
requirements shall be as described in such section; (d) institute
a statewide system of testing to determine the degree of
achievement and accomplishment of all the students within the
state's school systems if it determines such testing would be
advisable; (e) prescribe a uniform system of records and
accounting for keeping adequate educational and financial
records, for gathering and reporting necessary educational data,
and for evaluating educational progress; (f) cause to be
published laws, rules, and regulations governing the schools and
the school lands and funds with explanatory notes for the
guidance of those charged with the administration of the schools
of the state; (g) approve teacher education programs conducted in
Nebraska postsecondary educational institutions designed for the
purpose of certificating teachers and administrators; (h) approve
teacher evaluation policies and procedures developed by school
districts and educational service units; and (i) approve general
plans and adopt educational policies, standards, rules, and
regulations for carrying out the board's responsibilities and
those assigned to the State Department of Education by the
Legislature;
(6) Adopt and promulgate rules and regulations for the
guidance, supervision, accreditation, and coordination of
educational service units. Such rules and regulations for
accreditation shall include, but not be limited to, (a) a
requirement that programs and services offered to school
districts by each educational service unit shall be evaluated on
a regular basis, but not less than every seven years, to assure
that educational service units remain responsive to school
district needs and (b) guidelines for the use and management of
funds generated from the property tax levy and from other sources
of revenue as may be available to the educational service units,
to assure that public funds are used to accomplish the purposes
and goals assigned to the educational service units by section
79-1204. The State Board of Education shall establish procedures
to encourage the coordination of activities among educational
service units and to encourage effective and efficient
educational service delivery on a statewide basis;
(7) Submit a biennial report to the Governor and the
Clerk of the Legislature covering the actions of the board, the
operations of the State Department of Education, and the progress
and needs of the schools and recommend such legislation as may be
necessary to satisfy these needs;
(8) Prepare and distribute reports designed to acquaint
school district officers, teachers, and patrons of the schools
with the conditions and needs of the schools;
(9) Provide for consultation with professional
educators and lay leaders for the purpose of securing advice
deemed necessary in the formulation of policies and in the
effectual discharge of its duties;
(10) Make studies, investigations, and reports and
assemble information as necessary for the formulation of
policies, for making plans, for evaluating the state school
program, and for making essential and adequate reports;
(11) Submit to the Governor and the Legislature a
budget necessary to finance the state school program under its
jurisdiction, including the internal operation and maintenance of
the State Department of Education;
(12) Interpret its own policies, standards, rules, and
regulations and, upon reasonable request, hear complaints and
disputes arising therefrom;
(13) With the advice of the Department of Motor
Vehicles, adopt and promulgate rules and regulations containing
reasonable standards, not inconsistent with existing statutes,
governing: (a) The general design, equipment, color, operation,
and maintenance of any vehicle with a manufacturer's rated
seating capacity of eleven or more passengers used for the
transportation of school children; and (b) the equipment,
operation, and maintenance of any vehicle with a capacity of ten
or less passengers used for the transportation of school
students, when such vehicles are owned, operated, or owned and
operated by any school district or privately owned or operated
under contract with any school district in this state. Similar
rules and regulations shall be adopted and promulgated for
operators of such vehicles as provided in section 79-607;
(14) Accept, on behalf of the Nebraska Center for the
Education of Children who are Blind or Visually Impaired,
formerly the Nebraska School for the Visually Handicapped,
devises of real property or donations or bequests of other
property, or both, if in its judgment any such devise, donation,
or bequest is for the best interest of the center or the students
receiving services from the center, or both, and irrigate or
otherwise improve any such real estate when in the board's
judgment it would be advisable to do so; and
(15) Upon acceptance of any devise, donation, or
bequest as provided in this section, administer and carry out
such devise, donation, or bequest in accordance with the terms
and conditions thereof. If not prohibited by the terms and
conditions of any such devise, donation, or bequest, the board
may sell, convey, exchange, or lease property so devised,
donated, or bequeathed upon such terms and conditions as it deems
best and remit all money derived from any such sale or lease to
the State Treasurer for credit to the State Department of
Education Trust Fund.
Each member of the Legislature shall receive a copy of
the report required by subdivision (7) of this section by making
a request for it to the commissioner.
None of the duties prescribed in this section shall
prevent the board from exercising such other duties as in its
judgment may be necessary for the proper and legal exercise of
its obligations.
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Rule 12 |
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Regulations and procedures for exempting schools for which parents elect not to meet legal requirements for school approval and accreditation for other than religious reasons. Rule 12 affidavits state that the requirements for school approval and accreditation required by law interfere with the decisions of the parents or legal guardians in directing their child's education.
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Rule 13 |
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Regulations and procedures for exempting schools for which parents elect not to meet legal requirements for state approval and accreditation. Rule 13 affidavits state that the requirements for school approval and accreditation required by law violate the parents' or legal guardians' sincerely held religious beliefs. |
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Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary |
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In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."
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Exempt (Home) School Program: General Information |
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Nebraska Department of Education |
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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. Provided by the Nebraska Department of Education.
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Nebraska Home School Laws from HSLDA |
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HSLDA |
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The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Nebraska. Includes a link to a legal analysis of laws relating to homeschooling in Nebraska. |
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Nebraska Homeschooling Laws |
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NHEN |
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National Home Education Network's listing of the Nebraska state laws governing the education of children in home schools. |
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