A historical perspective is necessary to have an appreciation for the sacrifices and efforts of the families that with God's blessing resulted in your ability to homeschool today without significant interference. Your ability to homeschool today, whether for religious reasons, Rule 13, or non-religious reasons, Rule 12, is the direct result of the sacrifices of religious people!!
In the 1970s and 1980s, many Christian parents determined that sending their children to public/government schools, placed their children in an environment and education system that was hostile to their religious views and for which the Lord would hold them accountable. As a result, some churches established schools and some parents began home schooling. In many cases, these church schools and home schools were not approved and/or accredited by the Nebraska Department of Education (NDE), as a result, the children in these schools were considered truant.
Churches and families were prosecuted and persecuted under the compulsory attendance law because the students were in unapproved and unaccredited schools. In many cases, the main issue was the fact that the teachers, often college graduates, were not certified by the NDE and as a result the school was unaccredited and the student(s) attending them truant and in violation of the state compulsory attendance law. The prosecution resulted in pastors being jailed and/or fined 100s of dollars per day; pastors, parents, and churches spending 1,000s of dollars in legal fees to defend themselves; parents sending their children out of state to avoid the state removing the children from their homes and placing the children in the foster care system; wives leaving the state to avoid prosecution.
During the period 1977 to 1983, the case that gained the most national notoriety involved a church and its school in Louisville, Nebraska. During the course of the prosecution and persecution, the church was padlocked during the week, church worshipers were dragged from a prayer meeting by law enforcement officers; in November 1983, seven fathers were jailed for contempt of court, one served 44 days in jail and six served 93 days in jail, several lost their jobs as a result of being jailed, and students and mothers fled the state to avoid arrest.
In December 1983, Governor Robert Kerrey created a panel to study the Christian school issue. The panel declared in 1984 “Nebraska teacher certification procedures, as presently defined violate the First Amendment free exercise of religion rights of Christian schools.”
After significant conflict and amendments, LB 928 was passed by the Legislature in 1984 to end the church school conflict. LB 928 recognized the rights of parents to send their children to private schools, including homeschools, that are not approved or accredited due to the sincerely held religious beliefs of the parents. The NDE was responsible for developing proposed regulations implementing LB 928. Governor Kerrey made it clear during the hearing process that he wanted peace and that the adversarial role with Christian schools should end. Governor Kerry also indicated it was embarrassing for the state to be putting people in jail for their religious beliefs. On August 16, 1984, the State Board of Education approved the least restrictive option, Rule 13, of the proposed regulations developed by the NDE.
In 1987, LB 632 was introduced in the Nebraska Legislature to repeal the provision of LB 928; however, response by homeschooling families in their attendance at the hearing on LB 632 resulted in the LB 632 not being advanced by the Education Committee. Also, in 1987 the NDE was considering establishing home visits; however, an Attorney General opinion essentially prevented its implementation.
It was during 1986 and early 1987 that the organization, now known as the Nebraska Christian Home Educators Association (NCHEA) was formed. The NCHEA has actively monitored the state legislative process since 1987 to insure that the rights of parents to homeschool are not restricted. The NCHEA testifies before Legislative hearings on bills that could impact your ability to homeschool. Senators consult the NCHEA regarding proposed legislation that might impact homeschooling.
In 1999, the Legislature without opposition approved legislation that permits parents to homeschool for non-religious reasons by declaring that “the requirements for school approval and accreditation required by law and the rules and regulations adopted and promulgated by the State Board of Education interfere with the decisions in directing my child's education”. The NDE developed and the State Board of Education subsequently adopted Rule 12 to implement the changes in law to permit homeschooling for non-religious reasons.
The Lord has blessed Nebraska homeschooling families with an absence of direct conflict and concerted attacks on homeschooling in recent years: however, there has also been legislation introduced that would have impacted the right of parents to control or direct the home education of their children, e.g. expanding compulsory attendance ages, during the same time.
While homeschooling families should be extremely grateful for general peace and protection and continue to daily request the Lord's protection and wisdom, the NCHEA believes the Lord expects us to be vigilant in maintaining our homeschool freedoms. Our freedom to homeschool comes with a responsibility and duty to be informed and knowledgeable regarding events/legislation that could affect our right to homeschool and a willingness to take action if it is required, i.e. contacting our legislative representatives.
The NCHEA's mission includes monitoring issues that affect homeschooling and parental rights but the your financial support and the ability to contact you is required to accomplish this task. Accordingly, we urge you to Member Application.
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