Session Review: Education

The Education Committee considered a wide range of topics this session, including student interventions, school meal funding and teacher certification policies.

Student interventions

Lawmakers approved a measure restoring the ability of Nebraska schools to suspend pre-K through second-grade students in certain cases.

LB653, introduced last session by Glenvil Sen. Dave Murman, requires option school districts that are not in a learning community to automatically accept siblings of currently enrolled option students with individualized education programs without regard to capacity limitations.

The bill also includes provisions of Murman’s LB430, which partially repeals a 2023 law banning the suspension or expulsion of pre-K through second-grade students by creating an exception for those who engage in violent behavior that causes or is likely to cause physical harm.

Schools must provide parents oral and written notice when a child is suspended, including available resources, steps taken to address the behavior and strategies to keep the student in school. Schools also must make reasonable efforts to hold a follow-up meeting with a parent or guardian.

LB653 passed on a vote of 33-15.

A separate proposal aimed at strengthening support for young Nebraska students who struggle with reading failed to advance from the second round of debate.

LB1050, introduced by Murman at the request of Gov. Jim Pillen, would have expanded requirements under the Reading Improvement Act, including requiring schools, beginning in the 2027-28 school year, to administer dyslexia screening and conduct reading assessments three times annually for K-3 students.

Students identified with a persistent reading deficiency by the end of third grade would have been subject to retention beginning in the 2028-29 school year and provided intensive support, including targeted reading interventions and other diagnostic assessments. Parents would have been able to request a meeting to discuss retention decisions and to make the final determination in cases of disagreement.

Retention would have been limited to one occurrence per student, with exemptions for students with disabilities, those already receiving interventions and English language learners with fewer than two years of English instruction.

After four hours of select file debate, Murman offered a motion to invoke cloture, which ceases debate and forces a vote on the bill. The motion failed on a vote of 31-4. Thirty-three votes were needed.

Funding

Students who qualify for reduced-price meals may be able to receive them at no cost under a bill passed this session.

LB966, sponsored by Sen. Machaela Cavanaugh of Omaha and passed 38-11, creates the Hunger-Free Schools Pilot Program, which will run through the 2031-32 school year.

Under the bill, the state Department of Education must reimburse participating schools for the gap between federal free and reduced-price meal rates, allowing eligible low-income students to receive meals at no cost. Schools must apply for the pilot program and report meals served.

Private donations will cover costs for public schools, while state General Funds will reimburse private schools. The department will study the program’s impact on student performance and behavior and report findings to the Legislature by Dec. 1, 2032.

LB748, introduced by Elkhorn Sen. Tony Sorrentino and passed 46-3, expands eligible uses of Nebraska education savings plan trust accounts.

Under the bill, families may use NEST accounts for education-related expenses beyond K-12 and postsecondary tuition, including books, tutoring and online instructional materials, beginning Jan. 1, 2029.

The measure also increases the annual withdrawal cap from $10,000 to $20,000 and expands eligible uses to qualified postsecondary credentialing programs, such as career and technical certifications, in line with current federal law.

Additionally, LB748 permits the Nebraska State Treasurer’s Office to enter agreements with recognized postsecondary credentialing programs, excluding those related to investment of program funds, and to make payments directly to those programs on behalf of beneficiaries.

Omnibus bill

LB937, introduced by the Education Committee, makes a number of changes related to teacher policies and student protections.

The measure aligns state law with current educational practices and ensures teachers eligible to teach dual enrollment courses qualify for the Teacher Recruitment and Retention Act high-need grant.

It also expands option enrollment reports to include approved applications, removes obsolete language related to solar and wind energy funding, aligns the College Pathway Program Act with state procurement processes and sets an Oct. 15 deadline for property tax authority requests and annual census reports.

The bill includes provisions of five other measures considered this session.

Under LB1146, sponsored by Sen. Danielle Conrad of Lincoln, absences for physical or mental illness may be excused by a parent, guardian or educational decisionmaker if documentation from a credentialed health professional supports the absence for purposes of truancy enforcement or referral to a county attorney. For students with chronic illnesses, such documentation is subject to review each semester.

LB1164, sponsored by Sen. Dan Lonowski of Hastings, establishes statewide guidelines for awarding college credit for prior learning exams. The Coordinating Commission for Postsecondary Education must approve and publish a list of recognized exams and minimum passing scores by Sept. 1.

Provisions of LB1224, introduced by Omaha Sen. Megan Hunt, bar individuals convicted of certain felonies from working with or monitoring students at unaccredited schools. The measure also prohibits a parent, guardian or educational decisionmaker who is the subject of an active child abuse or neglect investigation from transferring or disenrolling their student during the investigation.

The package includes provisions of LB1241, sponsored by Murman, which require applicants for school positions involving regular contact with students to disclose seven years of prior employment involving children. The measure authorizes the release of related records and requires reporting of past child abuse or sexual misconduct investigations, separations or license actions.

Murman’s LB1243 prohibits school boards from requiring students to enroll in more than the minimum district credit hours set by a national or state organization in order to participate in extracurricular activities. It also limits to five or fewer the credit hour requirements for extracurricular activities not regulated by a national or state organization.

Finally, the package includes provisions from LB599, introduced last session by Bennington Sen. Wendy DeBoer, which adopt the K-12 Education Cybersecurity Act and designate the Educational Service Unit Coordinating Council as the statewide coordinating entity for implementation.

The measure requires the state Department of Education to purchase or develop a standardized cybersecurity readiness assessment and develop a model cybersecurity policy and framework based on nationally recognized best practices.

The bill also authorizes use of Nebraska Education Improvement Fund dollars, including up to $250,000 in state lottery funds, to support cybersecurity grants, products and services.

LB937 passed on a 49-0 vote.

Other measures

Lawmakers also approved two bills modifying rules for school employee organizations and teacher certification.

LB429, introduced last session by Murman and passed 47-2, requires school boards to provide equal access to certified employees’ mailboxes, meetings and events when access is granted to any qualified professional employees’ organization.

The measure also requires equal treatment for signage and informational materials and prohibits naming school calendar days or breaks after such organizations. It does not alter the Industrial Relations Act or collective bargaining provisions.

LB1022, also introduced by Murman and passed 37-12, changes human relations training requirements for some educators. The bill provides an exemption to the requirement for military spouses, applicants who hold a certificate or permit from another state and those seeking a Nebraska substitute teacher certificate.

Senators also passed LB745, sponsored by Omaha Sen. Margo Juarez and approved 49-0, which removes an age requirement for obtaining a general education development diploma. The bill allows individuals to receive a GED upon completing all requirements, regardless of their age.

Finally, a proposal that would have required Nebraska school boards and postsecondary institutions to address antisemitism in discrimination and harassment policies was passed over during second-round debate at the introducer’s request.

LB538, introduced last session by Sen. Brian Hardin of Gering, would have required such policies to include antisemitism and to treat antisemitic harassment or discrimination in the same manner as discrimination based on race.

The measure was not scheduled for further consideration this session.