Each school board shall allow part-time enrollment in the district for residents who are enrolled in a private, denominational, or parochial school, or in a school which elects not to meet accreditation or approval requirements, commonly known as “exempt schools.”  Homeschools in Nebraska are considered exempt schools.

The public school board of each district shall establish policies and procedures for this part-time enrollment that may require part-time students to follow all school policies. Such policies and procedures may include provisions for non-resident students.

Part-time students may also participate in extracurricular activities, provided they are enrolled in no more and no less than five credit hours.

Any student who is enrolled in an exempt school shall also be allowed to participate in extracurricular activities. They shall be subject to the school district’s policies that apply to other students at any time the part-time student is present on school grounds, at a school-sponsored activity, athletic event, or extracurricular activity. The student’s exempt school (i.e. homeschool), not the public school board, shall set standards for satisfactory academic performance to participate in said extracurricular activities and shall provide assurance to the district that the student complied with the academic standards.

Part-time enrollment does not entitle the student to school transportation or reimbursement for transportation.

Nebraska Legislature Bill 705

Sec. 75. Section 79-2,136, Revised Statutes Cumulative Supplement, 2022, is amended to read:

79-2,136 (1) Each school board shall allow the part-time enrollment of students, for all courses selected by the students, who are residents of the school district pursuant to subsections (1) and (2) of section 79-215 and who are also enrolled in a private, denominational, or parochial school or in a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements and shall establish policies and procedures for such part-time enrollment. Such policies and procedures may include provisions permitting the part-time enrollment of such students who are not residents of such school districts to the extent permitted pursuant to section 79-215 and may require part-time students to follow school policies that apply to other students at any time the part-time student is present on school grounds or at a school-sponsored activity or athletic event. Part-time enrollment shall not entitle a student to transportation or transportation reimbursements pursuant to section 79-611. Nothing in this section shall be construed to exempt any student from the compulsory attendance provisions of sections 79-201 to 79-207.

(2) Each school board shall establish policies and procedures to allow any student who is a resident of the school district pursuant to subsection (1) or (2) of section 79-215 and who is enrolled in a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements to participate in any extracurricular activities as defined in section 79-2,126, including, but not limited to, interschool competitions, to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled in a public school governed by such board, except that any school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements shall set the standards for satisfactory academic performance for a student from the school to participate in extracurricular activities pursuant to this subsection and shall provide assurances of compliance with such academic standards.

(3) School board policies and procedures adopted pursuant to subsection (2) of this section (a) shall require any student participating in extracurricular activities pursuant to such subsection to be enrolled in no more and no less than five credit hours offered by the school district in any semester, (b) shall not allow any preference in the selection of a student for participation in an extracurricular activity based on such student's status as a full-time student in the school district, and (c) may require any student participating in extracurricular activities pursuant to such subsection to follow school policies that apply to other students when present on school grounds or at a school-sponsored activity or athletic event. Participation in extracurricular activities pursuant to subsection (2) of this section shall not entitle a student to transportation, except to and from practices and events to the same extent as public school students participating in such activities, or transportation reimbursement pursuant to section 79-611.

(4) Nothing in this section shall be construed to exempt any student from the compulsory attendance provisions of sections 79-201 to 79-210.

Things to keep in mind:

Public school access includes participation in public school classes, sports, activities, etc.

States use a unique vocabulary in this area: “extracurricular,” “cocurricular,” “curricular,” “interscholastic,” “program,” “activity,” etc. Care should be taken to distinguish one from another. When a state defines a word, it is important.

While athletic association rules are not “law,” public schools are generally constrained to operate within them, or their teams could be disqualified. We therefore refer to association rules of particular importance in a number of entries.

We strive toward keeping this information 100% up to date in this rapidly changing area of the law. However, this post should not be considered authoritative because of the possibility of unobserved changes in association rules, statutes, regulations, or case decisions, and because of lag time between changes and the publication of updates. 

Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.