Nebraska's LB 937 Unconstitutionally Restricts Parental Rights to Choose Homeschooling
Source: Darren Jones. "Nebraska's Homeschool Crackdown Infringes On Parental Rights." May 15, 2026. thefederalist.com
The Gist
Nebraska passed a law that forces kids to stay in their current school for two weeks when child services starts investigating their family, even before finding any wrongdoing. The author argues this violates parents' basic right to choose how to educate their kids and doesn't actually protect children as intended.
Conclusion
Nebraska's Legislative Bill 937 is an unconstitutional infringement on fundamental parental rights to direct their children's education
Premises
- The law locks children into their current school for up to 14 days during CFS investigations, preventing parents from removing children even from harmful situations like bullying
- The restriction is based on mere investigation rather than substantiated findings of abuse or neglect
- 66% of CFS reports in 2024 did not warrant investigation, and only 25% of investigated cases were substantiated, making the restriction overly broad
- The law assumes parental guilt without evidence and removes educational decision-making rights based on unproven allegations
- Parents have a fundamental constitutional right to direct their children's education, as recognized by Supreme Court precedent
- The law fails to achieve its stated purpose of protecting children from abusive parents who might hide them from school staff
Assumptions
- Parental rights to educational choice are fundamental constitutional rights
- Parents are generally better positioned than the state to make educational decisions for their children
- Homeschooling is a legitimate and beneficial educational option
- Government restrictions on parental rights require strong justification and narrow tailoring
- The current system adequately protects children without this additional restriction