Nebraska Revised Statutes

Neb. Rev. Stat. § 79-201 (2026)

Compulsory education; attendance required; violation; penalty; exceptions; reports required

✓ current as of July 2026

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(1) For purposes of this section, a child is of mandatory attendance age if the child (a) will reach six years of age prior to January 1 of the then-current school year and (b) has not reached eighteen years of age.

(2)(a) Except as provided in subsection (3) of this section, every person residing in a school district within the State of Nebraska who has legal or actual charge or control of any child who is of mandatory attendance age or is enrolled in a public school shall cause such child to enroll in, if such child is not enrolled, and attend regularly a public, private, denominational, or parochial day school which meets the requirements for legal operation prescribed in Chapter 79, or a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements, each day that such school is open and in session, except when excused by school authorities or when mental or physical illness or severe weather conditions make attendance impossible or impracticable.

(b) A violation of this subsection is a Class III misdemeanor.

(3) Subsection (2) of this section does not apply in the case of any child who:

(a) Has obtained a high school diploma by meeting the graduation requirements established in section 79-729;

(b) Has completed the program of instruction offered by a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements;

(d)(i) Will reach six years of age prior to January 1 of the then-current school year, but will not reach seven years of age prior to January 1 of such school year, (ii) such child's parent or guardian has signed an affidavit stating that the child is participating in an education program that the parent or guardian believes will prepare the child to enter grade one for the following school year, and (iii) such affidavit has been filed by the parent or guardian with the school district in which the child resides;

(e)(i) Will reach six years of age prior to January 1 of the then-current school year but has not reached seven years of age, (ii) such child's parent or guardian has signed an affidavit stating that the parent or guardian intends for the child to participate in a school which has elected or will elect pursuant to section 79-1601 not to meet accreditation or approval requirements and the parent or guardian intends to provide the Commissioner of Education with a statement pursuant to subsection (3) of section 79-1601 on or before the child's seventh birthday, and (iii) such affidavit has been filed by the parent or guardian with the school district in which the child resides; or

(f) Will not reach six years of age prior to January 1 of the then-current school year and such child was enrolled in a public school and has discontinued the enrollment according to the policy of the school board adopted pursuant to subsection (4) of this section.

(4) The board shall adopt policies allowing discontinuation of the enrollment of students who will not reach six years of age prior to January 1 of the then-current school year and specifying the procedures therefor.

(5) Each school district that is a member of a learning community shall report to the learning community coordinating council on or before September 1 of each year for the immediately preceding school year the following information:

(a) All reports of violations of this section made to the attendance officer of any school in the district pursuant to section 79-209;

(b) The results of all investigations conducted pursuant to section 79-209, including the attendance record that is the subject of the investigation and a list of services rendered in the case;

(d) Records of all notices served and reports filed pursuant to section 79-209 and the district's policy on excessive absenteeism.

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1957–2023 · leading case: State v. Thacker, 834 N.W.2d 597 (Neb. 2013).

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State v. Thacker, 834 N.W.2d 597 (Neb. 2013). · cites it 28× “Neb. Rev. Stat. § 79-201 (2) (Cum. Supp. 2010) does not require parents to enroll their child in a legally recognized school until they obtain the State’s recognition of an exempt homeschool.”

In Re Interest of Kevin K., 742 N.W.2d 767 (Neb. 2007). · cites it 8× “1 After the juvenile reached the age of 16, his mother authorized discontinuance of his enrollment in school pursuant to Neb. Rev. Stat. § 79-201 (Cum. Supp. 2006).”

In Re Interest of Kevin K., 735 N.W.2d 812 (Neb. Ct. App. 2007). · cites it 16× “On March 14, 2006, the juvenile court sustained Kevin's motion to terminate jurisdiction, reasoning that even when a child is under the jurisdiction of the juvenile court, a parent retains the right to disenroll his or her child from school pursuant to Neb.Rev.Stat. § 79-201…”

State Ex Rel. Douglas v. Faith Baptist Church, 301 N.W.2d 571 (Neb. 1981). · cites it 4× “Neb.Rev.Stat. § 79-201 (Reissue 1976) requires that every person having charge or control of any child between the ages of 7 and 16 "shall cause such child to attend regularly the public, private, denominational, or parochial day schools each day that such schools are open and…”

In Re Interest of KS, 346 N.W.2d 417 (Neb. 1984). · cites it 5× “Neb. Rev. Stat. § 79-201 (Reissue 1981). The school board denied the parents’ request, but the child was nevertheless removed from school by the parents.”

Meyerkorth v. State, 115 N.W.2d 585 (Neb. 1962). · cites it 6× “The plaintiffs brought this action for declaratory judgment in the district court for Lancaster County, the purpose of the action being to declare sections 79-201, 79-1201 et seq., and 79-1701 et seq.”

State Ex Rel. Douglas v. Morrow, 343 N.W.2d 903 (Neb. 1984). · cites it 2× “This action was instituted by the State of Nebraska to enjoin defendant from violating Neb. Rev. Stat. §§ 79-201 and 79-1701 (Reissue 1981) and certain rules of the Nebraska State Department of Education.”

In re Interest of Reality W., 302 Neb. 878 (Neb. 2019). · cites it 2× “See Neb. Rev. Stat. § 79-201 (2) (Reissue 2014).”

In Interest of Rice, 285 N.W.2d 223 (Neb. 1979). · cites it 3× “1943, which, after having provided for written warn *737 ing to the person in charge of a child not attending school under section 79-201, R. R. S. 1943, requires that a complaint be filed in juvenile court, and section 79-216, R.”

In re Interest of Cole J., 26 Neb. Ct. App. 951 (Neb. Ct. App. 2019). · cites it 2× “Failure by the school to document the efforts required by § 79-209(2) is a defense to prosecution under Neb. Rev. Stat. § 79-201 (Reissue 2014) and adjudication for habitual truancy under § 43-247(3)(b).”

In re Interest of Dana H., 299 Neb. 197 (Neb. 2018). · cites it 2× “CONCLUSION For the reasons set forth above, the orders of the juvenile court are affirmed.”

Mollring v. Nebraska Dept. of Health & Human Servs., 983 N.W.2d 536 (Neb. 2023). “2022) and §§ 79-201 and 79-824 (Reissue 2014) (each referring to “school year”).”

Show all 22 citing cases →

— Neb. Rev. Stat. § 79-201(2) — 1 case

State v. Thacker, 834 N.W.2d 597 (Neb. 2013). “Neb. Rev. Stat. § 79-201 (2) (Cum. Supp. 2010) does not require parents to enroll their child in a legally recognized school until they obtain the State’s recognition of an exempt homeschool.”

— Neb. Rev. Stat. § 79-201(3)(d) — 2 cases

In Re Interest of Kevin K., 742 N.W.2d 767 (Neb. 2007). “1 After the juvenile reached the age of 16, his mother authorized discontinuance of his enrollment in school pursuant to Neb. Rev. Stat. § 79-201 (Cum. Supp. 2006).”

In Re Interest of Kevin K., 735 N.W.2d 812 (Neb. Ct. App. 2007). “On March 14, 2006, the juvenile court sustained Kevin's motion to terminate jurisdiction, reasoning that even when a child is under the jurisdiction of the juvenile court, a parent retains the right to disenroll his or her child from school pursuant to Neb.Rev.Stat. § 79-201…”

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