Nebraska bans parents with abuse, sex assault convictions from homeschooling

Parents who have prior convictions of sexual assault or child sexual abuse may not legally homeschool their children, according to a new Nebraska law signed last week. The measure passed unanimously as part of an education omnibus bill in the state’s single-chamber legislature. It also prohibits schools from hiring teachers or school employees with similar criminal convictions.

Additionally, the law says parents may not withdraw their children from public school in order to homeschool for a 14-day period during an active child welfare investigation. A previous version of the measure completely prohibited withdrawal from school as long as an investigation was ongoing, but was amended.

How did homeschooling advocacy organizations react? Withdrawal from school in response to an investigation was a factor in more than a third of the worst cases of child abuse and death nationwide, according to the Coalition for Responsible Home Education, which advocated for the law. A total of 48 U.S. states still allowed kids to be pulled out of school during an investigation, according to the group, which pushes for increased legislative regulation of homeschooling. The group also praised the restrictions regarding parents with criminal histories.

The Home School Legal Defense Association said the intention of protecting children was noble, but the law would lead to negative consequences for homeschooling families. The 14-day waiting period for a switch to homeschooling violated due process, the organization said, particularly since most investigations into potential child abuse were closed after being deemed unfounded. Criminal law and sentencing were already approved avenues to restrict the parental rights of convicted criminals, and adding a specific prohibition on homeschooling for such people created the impression that all homeschooling parents posed risks to children, the organization said.

Dig deeper: Read Liz Lykins’ report on a California court’s decision to halt the use of religious textbooks in state-funded education programs.