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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1034
Introduced by Dungan, 26.
Read first time January 14, 2026
Committee: Education
A BILL FOR AN ACT relating to schools; to amend sections 79-2701 and1
79-2702, Reissue Revised Statutes of Nebraska; to state intent; to2
define a term; to limit access to schools by federal immigration3
enforcement officers as prescribed; and to repeal the original4
sections. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 79-2701, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
79-2701 The Legislature finds and declares that:3
(1) Our public school children, faculty, and staff are entitled to4
be safe in schools when they attend school and study or work;5
(2) Schools have an interest in keeping students safe;6
(3) The interest of schools in keeping students safe may include the7
presence of school resource officers or security guards if a school8
district determines such resources are necessary to keep schools safe;9
(4) Parents and guardians of students have a vested interest in10
being informed of school discipline matters involving their children and11
to be notified as soon as possible if their children are contacted in12
response to a possible law violation, questioned, searched, cited, or13
arrested by a peace officer working with school officials;14
(5) A comprehensive and clear memorandum of understanding between15
law enforcement and school officials will delineate the roles and16
responsibilities of school resource officers, security guards, and school17
officials to balance the interests of safety for students and school18
staff in relation to parental rights, student success, and family19
integrity, with the goal that an increased law enforcement presence at20
schools will not result in a disparate impact on students in federally21
identified demographic categories; and 22
(6) Schools have a duty to respond to and manage disciplinary23
issues. The primary role of school resource officers and security24
officers should be to enhance safety with the understanding that school25
resource officers also work to prevent and respond to law violations and26
serve as a community resource for students, parents, and school staff ;27
and . 28
(7) Schools have a duty to maintain safe and orderly environments29
for learning, to respect the privacy and constitutional rights of30
students and school employees, to ensure that no school employee31
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facilitates immigration enforcement activities on school grounds absent a1
valid judicial warrant, to comply with lawful court orders, and to2
respond to exigent circumstances. 3
Sec. 2. Section 79-2702, Reissue Revised Statutes of Nebraska, is4
amended to read: 5
79-2702 For purposes of sections 79-2701 to 79-2704 and section 3 of6
this act, unless the context otherwise requires: 7
(1) Department means the State Department of Education;8
(2) Law enforcement agency means an agency or department of this9
state or of any political subdivision of this state that is responsible10
for the prevention and detection of crime, the enforcement of the penal,11
traffic, or highway laws of this state or any political subdivision of12
this state, and the enforcement of arrest warrants. Law enforcement13
agency includes a police department, an office of a town marshal, an14
office of a county sheriff, the Nebraska State Patrol, and any department15
to which a deputy state sheriff is assigned as provided in section16
84-106; 17
(3) Peace officer has the same meaning as in section 28-109;18
(4) School resource officer means any peace officer who is assigned,19
as his or her primary duty, to any school district to provide law20
enforcement and security services to any public elementary or secondary21
school and does not mean a peace officer responding to a call for22
service, providing proactive enforcement, providing law enforcement or23
traffic direction for a school-related event, or providing temporary24
services as a school resource officer when the assigned school resource25
officer is not available; 26
(5) Security agency means a contractor that employs security guards27
used by a school district; and 28
(6) Security guard means a person who is contracted or employed by a29
security agency to protect buildings and people and who does not have law30
enforcement authority or the power to arrest under any apparent authority31
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in the jurisdiction where such person is contracted or employed as a1
security guard. A security guard may be an off-duty peace officer; and .2
(7) Valid judicial warrant means a warrant issued and signed by a3
judge or magistrate of a court of competent jurisdiction that4
specifically authorizes the access sought. An administrative warrant,5
immigration detainer, notice to appear, administrative subpoena, or other6
document issued by a federal agency without specific judicial approval7
shall not be considered a valid judicial warrant. 8
Sec. 3. No school employee, contractor, or agent of a school9
district shall permit access to students, school employees, school10
grounds, or school facilities by a federal immigration enforcement11
officer for the purpose of immigration enforcement unless such officer12
presents a valid judicial warrant. Nothing in this section shall be13
construed to prohibit a school employee from complying with a valid14
judicial warrant or court order or from responding to exigent15
circumstances involving an immediate threat to the health or safety of a16
student or school employee. 17
Sec. 4. Original sections 79-2701 and 79-2702, Reissue Revised18
Statutes of Nebraska, are repealed. 19
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