Nebraska Homeschool Notification: How to File Your Rule 13 Exempt School

Most states call it a "notice of intent." Nebraska calls it a Rule 13 filing — and it trips up almost every new homeschool family because the state doesn't use the word "homeschool" anywhere in the law. Instead, you're legally establishing a private, non-approved school called an "exempt school." Once you understand that framing, the notification process makes much more sense.

Here's exactly what you need to file, when to file it, and what changed with LB 1027 in 2024 that makes the process significantly less burdensome than older guides suggest.

What Nebraska's Homeschool Notification Actually Is

Nebraska Revised Statute §79-1601 requires all private schools — including home-based ones — to either meet state accreditation requirements or formally elect not to. When you choose not to meet those requirements (whether for religious reasons or parental rights grounds), you're filing an "election of exemption" with the Nebraska Department of Education (NDE). That process is governed by Title 92, Chapter 13 of the Nebraska Administrative Code — hence "Rule 13."

The notification doesn't ask permission. You're not applying to homeschool. You're formally notifying the state that your family is operating a private exempt school. It's an important distinction: the NDE processes your filing and acknowledges it, but local school principals and district superintendents have no authority to approve or deny your exemption.

The Two Required Forms

Rule 13 requires two forms per year:

Form A: Statement of Election and Assurances

This is the core document. It formalizes your objection to state accreditation — either based on sincerely held religious beliefs or your fundamental right to direct your child's education. It also includes a written assurance (required since LB 1027) that the person monitoring instruction is qualified to do so. You don't need to name that person or provide credentials anymore — you simply sign the assurance.

Form B: Authorized Parent Representative Form

This designates one parent or legal guardian as the primary contact with the NDE and collects basic information about your school: your school's name, contact details, dates of operation, and grade levels served. The "dates of operation" tells the NDE your academic calendar — when your school year starts and ends.

Both forms are filed through the NDE's online portal at education.ne.gov.

Certified Birth Certificate

On first enrollment only, you must submit a certified copy of your child's birth certificate under the Nebraska Missing Children Identification Act. This is a one-time requirement — you don't resubmit it each year.

What You No Longer Need to Submit

This is where most outdated guides get parents into trouble. Before LB 1027 passed in April 2024, Nebraska required families to submit:

• A detailed scope and sequence of their curriculum
• The names, ages, and educational backgrounds of all instructional monitors
• Documentation sufficient to "prove" the monitors were qualified to teach

LB 1027 stripped all of that out. As of the 2024-2025 school year, you do not submit curriculum details to the NDE. You do not name your teachers or provide their credentials. The state's own online portal still displays a "Step 6 Curriculum" section — but reading the fine print reveals it's no longer required. Many families end up volunteering unnecessary information simply because the portal still shows the field.

Don't fill it in. You have no legal obligation to do so.

Deadlines: When to File Your Exempt School Notification

Annual deadline: July 15. This covers families who plan to homeschool from the beginning of the upcoming school year. Filing before July 15 means your child is not expected in a public school classroom when the fall semester begins, dramatically reducing any risk of an attendance flag.

Mid-year withdrawals: "Promptly" upon withdrawal. Nebraska law doesn't define "promptly" as a specific number of days, but the practical answer is: file with the NDE the same day (or the day before) your child stops attending their current school. The longer you wait, the greater the risk that unexcused absences accumulate in the district's system.

If you're pulling your child out during the school year, you'll need to handle two things simultaneously: notify the local school directly, and file your Rule 13 paperwork with the NDE. These are separate steps — see the next section.

The Difference Between Notifying the School and Filing with the NDE

This is one of the most common sources of confusion. There are two distinct notifications required for a clean withdrawal:

1. The Letter of Withdrawal to the local school

This goes to the principal and superintendent of your child's current school — not to the NDE. It formally terminates enrollment. It should state your child's name, the effective date of withdrawal, and that your child will be attending a private exempt school in compliance with NRS §79-1601. Keep it brief. Send it via certified mail with return receipt so you have a paper trail proving the school was notified before any truancy limits were breached.

2. The Rule 13 filing with the NDE

This goes to the state — not the local district. The NDE processes it and sends you an Acknowledgement Letter confirming your exempt school is on record. That letter is important: it's your proof of legal status if a school district, truancy officer, or anyone else questions your compliance.

The local school cannot block your withdrawal. They cannot demand to see your curriculum. They cannot require an exit meeting. Their role is simply to update your child's enrollment status when they receive your withdrawal letter.

What Happens After You File

Within a few weeks of submitting your Rule 13 forms, the NDE will send you an Acknowledgement Letter by mail. Keep this letter. It's your official documentation that you're operating a legally recognized exempt school in Nebraska. Universities, military branch schools, and future public schools may ask to see it.

The NDE also automatically notifies your resident public school district of your exemption, clearing your child from their expected attendance roster.

You'll need to refile Form A and Form B each July for as long as you're homeschooling. The birth certificate is submitted only once.

One-Parent Filing Is Now Allowed

Before LB 1027, Nebraska required both parents to sign the Rule 13 paperwork. This created real problems for single parents, divorced families, and situations where one parent disagreed with homeschooling. The 2024 law fixed this: a single parent, legal guardian, or court-appointed educational decision-maker can now file on their own. No second signature required.

If you want a step-by-step walkthrough of the entire filing process — including the exact language for your withdrawal letter, the portal navigation instructions for the NDE's online system, and a proration calculator for mid-year withdrawals — the Nebraska Legal Withdrawal Blueprint has everything compiled in one place, updated for the post-LB 1027 rules.

The filing itself is straightforward once you know the sequence. The goal is to make sure you do it in the right order, with the right documentation, so that nothing falls through the cracks.

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