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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1039
Introduced by Dungan, 26.
Read first time January 14, 2026
Committee: Education
A BILL FOR AN ACT relating to schools; to amend section 79-2704, Reissue1
Revised Statutes of Nebraska; to further prohibit corporal2
punishment as prescribed; and to repeal the original section.3
Be it enacted by the people of the State of Nebraska,4
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Section 1. Section 79-2704, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
79-2704 Each memorandum of understanding required by section 79-27033
shall govern the use of school resource officers or security guards and4
shall include, but not be limited to, policies that:5
(1) Require each school resource officer or security guard to attend6
a minimum of twenty hours of training focused on school-based law7
enforcement, including, but not limited to, coursework focused on school8
law, student rights, understanding special needs students and students9
with disabilities, conflict de-escalation techniques, ethics for school10
resource officers, teenage brain development, adolescent behavior,11
implicit bias training, diversity and cultural awareness, trauma-informed12
responses, and preventing violence in school settings;13
(2) Prohibit any school resource officer or security guard from14
subjecting any student to corporal punishment as described in section15
79-295. 16
(3) (2) Require a minimum of one administrator in each elementary or17
secondary school where a school resource officer or security guard is18
assigned to attend a minimum of twenty hours of training focused on19
school-based law enforcement, including, but not limited to, coursework20
focused on school law, student rights, understanding special needs21
students and students with disabilities, conflict de-escalation22
techniques, ethics for school resource officers and security guards,23
teenage brain development, adolescent behavior, implicit bias training,24
diversity and cultural awareness, trauma-informed responses, and25
preventing violence in school settings; 26
(4) (3) Ensure records are kept on each student referral for27
prosecution from a school resource officer in response to an incident28
occurring at school, on school grounds, or at a school-sponsored event29
and ensure that such records allow for analysis of related data and30
delineate: 31
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(a) The reason for such referral; and 1
(b) Federally identified demographic characteristics of such2
student; 3
(5) (4) Identify school policies that address when a parent or4
guardian will be notified or present, in a language that such parent or5
guardian understands, if a student is subjected to questioning or6
interrogation by a school official or by a school resource officer or7
security guard operating in conjunction with a school official;8
(6) (5) Identify the school or law enforcement agency policies that9
address under what circumstances a student will be advised of10
constitutional rights prior to being questioned or interrogated by a11
school official or by a school resource officer or security guard12
operating in conjunction with a school official; 13
(7) (6) Identify the school policy required by section 79-262 that14
addresses the type or category of student conduct or actions that will be15
referred to law enforcement for prosecution and the type of student16
conduct or actions that will be resolved as a disciplinary matter by a17
school official and not subject to referral to law enforcement; and18
(8) (7) Identify a student and parent complaint process to express a19
concern or file a complaint about a school resource officer or security20
guard and the practices of such school resource officer or security guard21
with the law enforcement agency or security agency.22
Sec. 2. Original section 79-2704, Reissue Revised Statutes of23
Nebraska, is repealed. 24
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