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Six-Year-Old Nebraska Legislative Information
by Linda Price
Q: Can someone help us understand
what needs to be done for a 6 year old in Nebraska? We do
not want to file the affidavit with the local school, but
we are being directed by Nebraska Educational Services that
we will need to file the same as our other children and
be able to produce records of her schoolwork for next year.
HELP.
A: This issue for 6-year-old's is a bit confusing. Basically,
if your child turns 6 before January 1 of any given school
year, he or she is considered to be of compulsory school
age, and you are required to register him/her with the Nebraska
Department of Education (NDE), as you would your older children
(I.E.-Rule 12 or 13). The affidavit is there for those who
wish to make a statement to the school district that they
plan to begin homeschooling during the following school
year (in which their child would turn 7), but are waiting
until the following filing year to file Rule 12 or 13. I.E.
- the affidavit allows the parent to delay the "official"
beginning of filing for Rule 12 or 13 until the school year
in which the child turns 7.
The NDE originally communicated to parents that they MUST
file the affidavit with the local school district by August
1 of the school year the child turned six (IF the 6th birth
date occurred before January 1). However, HSLDA intervened
in 2005 and prompted the NDE to send a clarification in
which they notified families of children turning six before
January 1 of any given school year that they had the option
of filing the affidavit with the school district, OR going
ahead and filing Rule 12 or 13.
The bottom line is: The compulsory school attendance age
is now 6, instead of 7, and parents DO need to file either
the affidavit with the school district, OR Rule 12 or 13
(by August 1), IF the child turns 6 before January 1 of
any upcoming school year. If your child turns 6 before January
1 of 2007, then you need to file either Rule 12 or 13 with
the State Department of Ed., OR the affidavit with your
local school district-by August 1, 2006. If your child turns
6 AFTER January 1, then you need do nothing for this school
year. Your child is not considered to be of compulsory school
attendance age, and you may begin filing for him/her on
August 1, 2007.
You do not need to "produce records" for your
6-year-old or any of your homeschooled students. Your 4th
Amendment rights protect you from having to allow anyone
into your home for a home visit of any type without a search
warrant issued by a judge. Please rest assured that you
do not need to worry about the NDE OR your local school
district representative showing up on your doorstep and
having the right to enter your home and review any of your
children's school records. There is no reporting requirement
in Nebraska. Neither school district nor state officials
have that right to examine your children's school work.
The Homeschool Legal Defense Association (HSLDA) has generated
an "Assertion of Right" document (click here
[MS Word document] for form) and invites homeschooling parents
to copy, notarize, and attach to your Rule 12/13 paperwork.
It states that you are aware that, though Form B of your
Rule 12/13 documentation causes you to agree to arrange
a home visit, you are not required by law to do so. For
further information on HSLDA, please visit their website
at www.hslda.org.
If you have a homeschooling question and
would like to “Ask The Veterans”, please put
it in writing to Board@OmahaHEN.org
or to: HEN Newsletter, 2610 Morrie Dr., Bellevue, NE 68147.
We will forward your question along to our veteran moms
who will respond for publishing in a future newsletter.
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