In Nebraska, a nonpublic school must be either (a) Accredited; (b) Approved; or (c) receive an exemption from the commissioner of education from the requirements for the operation of approved private schools.
Accreditation is optional.
Approved private or parochial schools are eligible to apply for and maintain accreditation. Title 92, Nebraska Administrative Code, Chapter 10.
No requirement for Registration.
A school must submit required assurances and documentation to this Department to be approved or accredited.
No requirement for Licensing.
Licensing, in the form of approval or accreditation by this Department, is required for private schools not operating as exempt schools. All teachers in approved or accredited schools must hold a valid Nebraska Teaching Certificate. Persons instructing students in exempt schools do not have to possess a teaching certificate. Neb. Rev. Stat. §§79-201(2), 79-1601.
Approval is mandatory.
Approval is required unless a school chooses to operate under the provisions for ‗exempt‘ schools.
Section 79-318(5)(c) of the Revised Statutes of Nebraska authorizes the Nebraska Department of Education to establish rules and regulations regarding the governance 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. Title 92, Nebraska Administrative Code, Chapter 12 and Chapter 13.
Schools exempt from the approval and accreditation requirements are not considered either approved or accredited by the Nebraska Department of Education and are not entitled to any of the benefits, privileges, or services accorded or provided to approved or accredited schools by the Nebraska Department of Education. Title 92, Nebraska Administrative Code, Chapter 12 and Chapter 13.
Teacher Certification
Private, denominational, and parochial school teachers in accredited and approved schools must hold a valid Nebraska certificate or permit issued by the commissioner of education. Neb. Rev. Stat. §79-802.
Employees of schools electing not to be accredited or approved (exempt schools) need not be certified, but must complete appropriate subject matter components of a nationally recognized teacher competency examination or offer evidence of competence through informal methods of evaluation developed by the State Board of
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Education. These methods are described in the aforementioned regulations, Chapter 12 and 13 of Title 92 of the Nebraska Administrative Code. Neb. Rev. Stat. §79- 1601(5).
Length of School Year/Days
Under Nebraska's compulsory education statute, a school term (year) must be no less than 1,032 instructional hours for elementary school and 1,080 instructional hours for high school. Kindergarten‘s school term must be at least 400 clock hours. Neb. Rev. Stat. §79-211.
Curriculum
Approved and accredited private, denominational, and parochial schools, K–5, must devote at least one hour per week for stories of American history and American heroes, singing patriotic songs and memorization of the Star Spangled Banner and America and the development of reverence for the flag and proper conduct in its presentation. Neb. Rev. Stat. §79-724.
In two grades from grades 5–8, approved and accredited private, denominational, and parochial schools must devote at least three periods per week for American history from approved textbooks, taught to make the course interesting and attractive, and to develop a love of country. In at least two grades of every high school, three periods per week must be devoted to civics, including the constitutions of the United States and Nebraska, the benefits and advantages of our form of government, the dangers and fallacies of Nazism, communism, and similar ideologies, and the duties of citizenship. Appropriate patriotic exercises must be held for Lincoln's birthday, Washington's birthday, Flag Day, Memorial Day, and Veteran's Day. Nebraska requires that all of these history courses stress contributions of all ethnic groups in the growth of America, art music, education, medicine, literature, science, politics, government and war service. Neb. Rev. Stat. §79-724.
Approved and accredited private schools must provide regular periods of instruction on fire dangers and fire prevention. Neb. Rev. Stat. §79-706.
Approved and accredited private, parochial and denominational school teachers must give special emphasis in their instruction to common honesty, morality, courtesy, obedience to law, respect for the national flag, the Constitution of the United States, and the Constitution of Nebraska, respect for parents and the home, the dignity and necessity of honest labor, and other lessons which promote an upright and desirable citizenry. Neb. Rev. Stat. §79-725.
Various other requirements concerning the curriculum of both accredited and approved schools are described in Title 92, Nebraska Administrative Code, Chapters 10 and 14.
Exempt private schools are instead required to assure the commissioner of education that they will provide instruction leading to the acquisition of basic skills in language arts, math, science, social studies and health. Neb. Rev. Stat. §79-1601.
Instruction must be given in the English language in private, denominational and parochial schools. Nebraska Constitution Art. I, Sec. 27.
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Recordkeeping/Reports
Private schools must notify in writing persons enrolling new students that within 30 days they must provide a certified copy of the student's birth certificate or other reliable proof of the student's identity and age with an affidavit explaining why the birth certificate is inaccessible. Exempt schools (homeschools) provide the commissioner of education this same documentation. Neb. Rev. Stat. §43-2007(2). On the third day of classes, in private, denominational, and parochial schools, the
teachers shall send to the superintendents or administrator of the school a list of the pupils enrolled in his or her school with the age, grade and address of each. Neb. Rev. Stat. §79-205.
Private, denominational, and parochial school teachers must keep a record of the name, age, and address of each child enrolled, the number and county of the school district, the number of days present and absent, and the cause of absence. Neb. Rev. Stat. §79-205.
Chief executive officers of approved or accredited nonpublic schools serving grades 7–12 must report the number of students who dropped out, were suspended, or excluded from school to the commissioner of education annually. Neb. Rev. Stat. §79- 527.
Student records must be provided at no charge to any public or private school, upon request, when the student transfers. Neb. Rev. Stat. §79-2,105.
When notified that a student currently or previously enrolled is a missing person, private schools must flag the student's records and report immediately any request for the records or knowledge of the person's whereabouts to the local law enforcement agency. Schools must not forward a copy of the student's flagged record to a requesting school. Neb. Rev. Stat. §43-2007.
Exempt schools annually file certain basic documentation with this Department including names and ages of students, address of the school and names of the persons instructing them. Neb. Rev. Stat. §79-1601.
Health and Safety Requirements
Approved and accredited private, denominational and parochial schools must provide monthly fire drills. Neb. Rev. Stat. §79-706.
Approved and accredited private schools must conduct regular fire drills in accordance with adopted regulations and keep all doors and exits unlocked during school hours. Neb. Rev. Stat. §81-527.
The second Friday of May is designated as State Fire Day to be observed by approved and accredited private and parochial schools to create awareness of fire damage. Neb. Rev. Stat. §79-705.
Accredited schools are required to have in place a safety and security plan that meets the requirements of the state‘s regulation on accreditation. Title 92, Nebraska Administrative Code, Chapter 10.
Transportation
School boards providing transportation for children attending public schools must also provide transportation on the regular public school bus routes without cost for
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children attending nonprofit private schools within the district approved for legal operation under Neb. Rev. Stat. §79-318(5)(c) and Neb. Rev. Stat. §79-601.
Nonprofit private schools must certify to the public school district the names, addresses, days of school attendance and other useful information, on forms provided by the State Department of Education. Neb. Rev. Stat. §79-601. This provision does not violate the constitution of Nebraska. State ex rel. Bouc v. School Dist. of City of Lincoln, 320 N.W.2d 472 (Neb. 1982).
Companies providing bus service to private, denominational, or parochial schools must give instruction in safe riding practices and emergency evacuation drills at least twice during each school year. Neb. Rev. Stat. §79-609.
School bus drivers must furnish to the governing authority of a nonpublic school a driving permit issued by the Department of Motor Vehicles before contracting to provide school bus services. Neb. Rev. Stat. §79-608.
Nonpublic schools must have transportation vehicles inspected by a motor vehicle mechanic before school opens in the fall and every 80 days during the school year. Neb. Rev. Stat. §79-602.
Textbooks
Public school Boards of Education have a duty to loan textbooks, upon request, to children attending K–12 private schools approved for legal operation under Neb. Rev. Stat. §79-318(5)(c) when funds are specifically appropriated by the state legislature. The textbooks must be designated for use in the public schools and loaned to students free of charge. Neb. Rev. Stat. §79-734.
Testing
Accredited private schools are required to administer a standardized norm-referenced test in at least one grade in each of the following three levels: grades four to six, grades seven to nine, and grades 10 to 12. Each school must submit a written performance report annually. Title 92, Nebraska Administrative Code, Chapter 10, Section 005.02.
Special Education
School districts are permitted to contract with private institutions for the education of disabled students (Nebraska Constitution Art. VII, Sec. 11) provided that the referral meets the regulatory requirements of NDE as provided in Title 92, Nebraska Administrative Code, Chapter 51, Section 015.
Nursing and Health
Private schools may request assistance, including vaccines, serums, services and guidance, from the Department of Health in establishing immunization clinics. Neb. Rev. Stat. §79-218.
Private schools may request materials for a comprehensive health education course prepared by the commissioner of education. Neb. Rev. Stat. §79-713.
Technology
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There is no state policy at this time.
Reimbursement for Performing State/Local Functions There is no state policy at this time.
Tax Exemption
Meals and food products sold for human consumption by private schools, student organizations, and parent-teacher associations are exempt from sales and use tax, including concession sales by elementary and secondary schools to the general public. Neb. Rev. Stat. §77-2704.10.
Public Aid for Private Education
Constitutional provisions: The Nebraska Constitution prohibits state appropriations for schools not owned or exclusively controlled by the state or a political subdivision. Contracts with nonsectarian schools for the education of disabled students are an exception. The Constitution specifically allows for the distribution of federal funds in accordance with federal grants. Nebraska Constitution Art. VII, Sec. 11.
Programs for financial assistance for attendance at private schools: There is no such program at this time.
Homeschooling (a.k.a Exempt Schools)
In Nebraska, "homeschools" are referred to as exempt schools and are considered private non-approved and nonaccredited schools. By filing for and receiving exempt status, parents are electing not to have their child attend a school that meets State approval or accreditation requirements while also complying with the compulsory school attendance law. Neb. Rev. Stat. §79-201.
A parent choosing to homeschool must file and receive exempt status in order to comply with the compulsory school attendance law. Neb. Rev. Stat. §79-201.
Each of the parents or guardians of the children who will attend an exempt school and who are of compulsory attendance age must sign a separate Statement of Objection and Assurances in the presence of a notary and file it with the state. The compulsory school attendance law (Section 79-201, R.R.S.) states that a child is of mandatory attendance age if the child will reach 6 years of age prior to January 1 of the then- current school year, and has not reached 18 years of age. Title 92, Nebraska Administrative Code, Chapter 12 and Chapter 13.
By August 1 of each year or 30 days prior to the start of the exempt school, the parents must submit to the commissioner: a calendar for the school year indicating a minimum instruction of 1,080 for secondary schools and 1,032 for elementary schools; a list of the names of all instructional monitors in the exempt school, their contact information, and their qualifications; and a chart of 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, by grade level. Title 92, Nebraska Administrative Code, Chapter 12 and Chapter 13.
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Parents or guardians that choose to homeschool are electing to not meet state approval or accreditation requirements. Neb. Rev. Stat. §79-1601.
The parent assumes all costs related of the exempt school. Exempt schools will not receive curriculum materials, books, guidelines or technical assistance from the Nebraska Department of Education and approved or accredited schools are under no obligation to provide assistance to exempt schools. However, if they choose to, the local school board may allow it.
Nebraska does not have a formal requirement regarding the education qualification of exempt school instructors.
When the Department deems necessary, officials can visit the exempt school at a mutually established time. Likewise, when the department deems it necessary to conduct regular achievement testing of students, it may be so at a mutually designated and established time Title 92, Nebraska Administrative Code, Chapter 12 and Chapter 13.
Information resources
Nebraska Department of Education: Regulations and Procedures for the Legal Operation of Approved Nonpublic Schools
<http://www.nde.state.ne.us/LEGAL/Rule14.html>
Nebraska Department of Education: Regulations and Procedures for the Accreditation of Schools <http://www.nde.state.ne.us/LEGAL/RULE10.html>
Nebraska Department of Education: Exempt (Home) School Program
<http://ess.nde.state.ne.us/OrgServices/ExemptSchools/Default.htm>
Nebraska Department of Education: Exempt (Home) School Frequently Asked
Questions <http://ess.nde.state.ne.us/OrgServices/ExemptSchools/ExemptFAQ.htm>
Nebraska Department of Education: General Information Regarding State Education
Rules and Regulations <http://www.nde.state.ne.us/LEGAL/RULES.html> Nebraska Revised Statutes
<http://www.unicam.state.ne.us/laws/browse-statutes.php> Nebraska Department of Education
301 Centennial Mall South P.O. Box 94987
Lincoln, NE 68509 Phone: 402-471-2295
Web site: http://www.nde.state.ne.us/ U.S. Department of Education, Nebraska
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