Antisemitism policies for schools, universities advanced
A measure that would require Nebraska school boards and postsecondary educational institutions to address antisemitism in their discrimination and harassment policies advanced from general file Jan. 30.
LB538, introduced by Gering Sen. Brian Hardin, would require public school boards and postsecondary institutions to include antisemitism in their policies prohibiting discrimination against students or school employees based on race, ethnicity, national origin, sex, disability, religion or marital status.
Under the bill, a policy must guarantee equal access to educational programs, classes, guidance counseling and financial assistance services. A policy also must ensure that cases of harassment and discrimination, including antisemitism, are addressed equitably.
To effectively monitor and investigate cases of discrimination, antisemitism and harassment, the bill would require the Commissioner of Education to appoint a Title VI coordinator at the state Department of Education.
The Title VI coordinator would be tasked with investigating all complaints of discrimination or harassment in public institutions and, if necessary, file complaints with the U.S. Department of Education and the U.S. Department of Justice.
Hardin said LB538 would ensure all students feel safe, respected and protected by putting accountability measures in place so that antisemitism is identified when it occurs and is addressed just like any other form of discrimination.
“This is not a partisan issue,” Hardin said. “It’s a matter of human dignity, moral clarity and upholding the values of equality and justice.”
An Education Committee amendment would replace the bill with a modified version. Under the amendment, the Title VI coordinator would be required to submit an electronic report to the Legislature by Oct. 31 each year detailing incidents, complaints and resolutions.
Additionally, the amendment would clarify definitions in accordance with the International Holocaust Remembrance Alliance, align the bill with existing federal civil rights law, integrate required staff training into existing professional development programs and ensure that complaints follow existing processes.
Committee chairman Glenvil Sen. Dave Murman said the amendment would provide consistency and oversight in addressing discrimination in public education without adding bureaucratic or administrative burdens.
Hastings Sen. Dan Lonowski spoke in support of LB538. He said that although he initially questioned the need for the bill, after seeing a rise in antisemitism in larger cities and school systems in recent years, he now understood its necessity.
Sen. Megan Hunt of Omaha agreed that Jewish students must be protected from harassment and discrimination, but raised concerns over the use of the IHRA definition, which she said equates criticizing the state of Israel to antisemitism.
“I think that we should be skeptical and very careful with bills like LB538 to make sure we’re not conflating criticism of the government with discrimination against a religious or ethnic group,” Hunt said.
Lincoln Sen. Danielle Conrad offered an amendment that would replace the bill and the committee amendment to clarify the measure’s implementation. She said the refined proposal would give schools and colleges more flexibility in training and handling complaints, reduce projected costs for the state Department of Education and higher education institutions and ensure the law works within existing civil rights frameworks.
Additionally, Conrad said, the amendment better protects free speech, including political criticism of foreign governments, to ensure that such criticism is not conflated with antisemitism.
“I think it’s undeniable that dissent, the right to petition your government or the right to hold and express unpopular — or popular — opinions is quintessential to the values that we hold dear as Americans and Nebraskans, where we value peaceful, free expression and robust exchange of ideas without undue government interference,” she said.
Hardin supported Conrad’s amendment, saying it would preserve the bill’s original intent of protecting Jewish students from discrimination.
Sen. Terrell McKinney of Omaha offered an amendment to expand the bill’s scope to include anti-Blackness and anti-Indigenous discrimination. Hate is not limited to one group, he said, and, like antisemitism, hate crimes and bias against Black and Indigenous communities also are on the rise.
Speaking in support of McKinney’s amendment, Omaha Sen. Machaela Cavanaugh said the state should be comprehensive in its approach to combating discrimination.
“This sort of divisive, negative political speech has infiltrated our society,” Cavanaugh said. “Having legislation that only focuses on one piece of [discrimination] I think does us a disservice as a society.”
Senators rejected McKinney’s amendment on a vote of 15-25. Twenty-five votes were needed. A motion offered by Cavanaugh to reconsider that vote also failed.
After voting 41-0 to adopt Conrad’s amendment, senators adopted the committee amendment 40-0. Lawmakers then voted 42-0 to advance LB538 to select file.
