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Lincoln Public Schools Homeschool: How to Withdraw and File Rule 13

Lincoln Public Schools Homeschool: How to Withdraw and File Rule 13

Switching from Lincoln Public Schools (LPS) to homeschooling doesn't require a phone call to the district, a meeting with an administrator, or a detailed explanation of your educational philosophy. It requires a specific sequence of paperwork filed in the right order. Get the sequence right, and your child is legally out of LPS without drama. Get it wrong, and you may find yourself dealing with truancy notices that could have been avoided entirely.

Here's the complete process.

Nebraska Doesn't Call It Homeschooling

This confuses a lot of Lincoln families. Under Nebraska law, there is no legal category called "homeschool." Instead, you are establishing a private, non-approved school — called an "exempt school" — under Nebraska Revised Statute §79-1601. The term sounds bureaucratic because it is, but the practical implication is simple: you are the administrator of a private school that happens to operate in your home.

This distinction matters because LPS is not the authority that approves or rejects your exempt school. The Nebraska Department of Education (NDE) is. LPS's role is to receive your withdrawal notice and update their attendance records. That's the extent of it.

Two Things You Must Do When Withdrawing from LPS

1. File with the NDE

Your Rule 13 filing with the NDE consists of two forms: Form A (Statement of Election and Assurances) and Form B (Authorized Parent Representative Form). Both are submitted through the NDE's online portal.

If you're leaving LPS before the school year ends, you need to file promptly — which in practice means the same day or within a day or two of pulling your child. Don't wait until July 15 (the annual renewal deadline) if you're withdrawing mid-year. The July 15 date is for families who start the school year in their exempt school; mid-year withdrawals must file immediately.

For your first filing, you'll also need a certified copy of your child's birth certificate — required under the Nebraska Missing Children Identification Act.

2. Send a Withdrawal Letter to LPS

This is the step that protects you from truancy problems at the local level. The NDE filing takes care of your legal status statewide, but LPS's attendance system doesn't know about it until you tell them directly.

Write a brief letter addressed to both your child's principal and the LPS superintendent. Include:

  • Your child's full name and grade
  • The date they are withdrawing, effective immediately
  • A statement that they will be enrolled in a private exempt school under NRS §79-1601

Do not elaborate. Do not apologize. Do not attach a curriculum or ask for the district's blessing. Keep it to three or four sentences.

Mail it via certified mail with a return receipt card. The receipt proves the date LPS was notified, which shields you from any retroactive truancy claim.

What LPS Cannot Legally Ask For

Since the passage of LB 1027 in April 2024, Lincoln Public Schools has no legal authority to:

  • Request or review your homeschool curriculum
  • Require you to attend an exit interview
  • Ask you to prove your qualifications to teach your own children
  • Conduct or schedule a visit to your home
  • Demand standardized test results

If an LPS administrator contacts you with any of these requests, you are not obligated to comply. The decision-making authority for your exempt school rests with the NDE Commissioner, not with LPS. A polite, factual response citing LB 1027 is sufficient.

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Hourly Requirements Once You're Established

After leaving LPS, Nebraska law requires your exempt school to provide 1,032 instructional hours per year for elementary-age children (grades K-8), and 1,080 hours for high school students (grades 9-12).

If you withdraw mid-year, you don't owe the full annual total. Hours are prorated. The public school your child attended logged instructional time on their behalf for the portion of the year they were enrolled. You're only responsible for the remaining balance from your withdrawal date through June 30.

The state no longer audits your curriculum or requires you to submit lesson plans, but you are responsible for tracking your hours internally. A simple daily log is sufficient. If you're ever questioned by DHHS or a county attorney based on a complaint, your log is your primary legal defense.

Lincoln-Area Homeschool Resources

Lincoln has a well-developed homeschool community. The Lincoln Area Homeschoolers organize educational outings including trips to the state capitol, working farms, and research facilities. LEARN (Lincoln Education Alternative Resources Network) focuses on real-world learning experiences once you're established. Classical Conversations has Lincoln-area communities offering classical curriculum frameworks.

These groups are oriented around families who are already legally set up as exempt schools. Get the paperwork done first, then connect with the community — rather than trying to coordinate both simultaneously during a stressful transition.

The Common Mistake to Avoid

The most dangerous mistake Lincoln parents make is stopping school attendance before either piece of paperwork is sent. LPS's attendance software marks absences automatically. After enough unexcused absences, the system flags the case for potential truancy action. You want both the NDE filing and the LPS withdrawal letter sent on or before the day your child stops attending.

The Nebraska Legal Withdrawal Blueprint includes a ready-to-send withdrawal letter template, the complete Rule 13 checklist updated for 2025, and a prorated hour tracker so you know exactly how many instructional hours you need to log for the remainder of the school year.

File the paperwork. Send the letter. Keep the receipts. That's the whole process.

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