Antisemitism measure amended, passed over

Lawmakers narrowed a proposal on select file Feb. 6 that would require Nebraska school boards and postsecondary institutions to address antisemitism in their discrimination and harassment policies before passing over the bill at the introducer’s request.

LB538, introduced last session by Gering Sen. Brian Hardin, would require public school boards and postsecondary institutions to include antisemitism in policies prohibiting discrimination against students or employees based on race, ethnicity, national origin, sex, disability, religion or marital status.

Under the bill, policies would be required to guarantee equal access to educational programs, classes, guidance counseling and financial assistance services and ensure that cases of harassment and discrimination, including antisemitism, are addressed equitably.

During second-round debate, lawmakers adopted three amendments offered by Hardin aimed at reducing the bill’s fiscal impact. Those amendments would:
● incorporate changes requested by the university system, including removal of coordinator duties and system obligations and limiting reporting to official complaints, adopted 34-3;
● remove additional language requiring incident reporting, adopted 35-0; and
● strike provisions requiring the Commissioner of Education to appoint a Title VI coordinator to investigate complaints of discrimination or harassment and, if necessary, file complaints with federal agencies, adopted 32-1.

Seward Sen. Jana Hughes also offered an amendment, adopted 39-0, to remove “and students” from the bill’s language, ensuring required training would apply to school employees only.

An amendment from Omaha Sen. Megan Hunt, which would replace the definition of antisemitism in the bill from the International Holocaust Remembrance Alliance definition to the Jerusalem Declaration on Antisemitism, was not adopted.

Hunt said the JDA, developed by scholars of Holocaust history and Jewish and Middle East studies, clearly defines antisemitism while protecting political speech, including criticism of Israel’s government.

Hardin opposed Hunt’s amendment, saying the IHRA definition has been adopted by 37 states through legislation or executive orders, while the JDA definition has not been adopted by “a single body of government on the Earth.”

Hunt’s amendment failed on a vote of 8-26.

Sen. Machaela Cavanaugh of Omaha filed a series of motions to extend debate on the bill. After a little over two hours of discussion, the Legislature passed over LB538 at Hardin’s request and moved to the next item on the day’s agenda.