Homeschool students (who are considered exempt school students according to Nebraska law) are permitted by law to participate in both part-time enrollment and extracurricular activities in the public school of their district of residence.

Part-Time Enrollment

The 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 students who don’t reside within the district.

Extracurricular Activities

Exempt school students (i.e. homeschool students) participating in extracurricular activities are required to be enrolled in at least five credit hours per semester at the school district. The district cannot prevent students from taking more than five credit hours per semester, though parents and students should be aware that taking a certain number of credits may cause the student to be considered enrolled full-time.

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. However, a student’s exempt school must comply with athletic association guidelines. According to the Nebraska School Activities Association (NSAA), a student needs to complete at least 20 credits per semester, five of which should be at the public school.

Exempt school students who participate in extracurricular activities at the public school are subject to the school district’s policies that apply to all other students at any time the part-time student is present on school grounds, at a school-sponsored activity, athletic event, or extracurricular activity.

Nebraska Statute on Part-Time Enrollment and Extracurricular Activities

Nebraska Revised Statute 79-2,136

Part-time enrollment; extracurricular activities; school board; duties; section, how construed.

(1) Each school board shall allow the part-time enrollment of students, for all courses selected by the students, who are residents of, or admitted to, the school district pursuant to subsection (1), (2), or (11) 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, or admitted to, 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.

(2) Each school board shall establish policies and procedures to allow any student who is a resident of, or admitted to, the school district pursuant to subsection (1), (2), or (11) 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 desiring to participate in extracurricular activities regulated by an athletics or activities association to which such school is a member pursuant to such subsection to be enrolled in five credit hours offered by the school district in any semester in order to participate in such extracurricular activities, but may not prohibit a student from enrolling in more than five credit hours, (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 section 79-201 or any statutes relating to habitual truancy.

Nebraska Revised Statute 79-215

(12) A school board shall admit a student upon request without charge for part-time enrollment for purposes of participating in extracurricular activities in accordance with section 79-2,136 if (a) the student is 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 (b) either (i) the school district where such student or such student's parent resides does not offer the extracurricular activity in which the student desires to participate and the school district which the student is requesting to attend is the closest school district to the residence of such student or such student's parent that offers such extracurricular activity or (ii) the school district where such student or such student's parent resides does offer the extracurricular activity in which the student desires to participate but the school district the student is requesting to attend includes the closest school to the residence of such student or such student's parent that offers such extracurricular activity.

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.