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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1050
Introduced by Murman, 38; at the request of the Governor; Ballard, 21;
Clements, 2; Lonowski, 33; Meyer, G., 17; Sanders, 45.
Read first time January 14, 2026
Committee: Education
A BILL FOR AN ACT relating to schools; to amend sections 79-2601,1
79-2602, 79-2603, 79-2604, 79-2605, 79-2606, and 79-2607, Reissue2
Revised Statutes of Nebraska; to amend the Nebraska Reading3
Improvement Act; to limit advancement to grade four as prescribed;4
to provide duties to school boards; to provide duties to the State5
Department of Education; to harmonize provisions; and to repeal the6
original sections. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 79-2601, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
79-2601 Sections 79-2601 to 79-2607 and section 5 of this act shall3
be known and may be cited as the Nebraska Reading Improvement Act.4
Sec. 2. Section 79-2602, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
79-2602 It is the intent of the Legislature that:7
(1) School boards develop policies to facilitate reading instruction8
and intervention services to address student reading needs, including,9
but not limited to, dyslexia; 10
(2) All teachers for kindergarten through grade three should be11
effective reading teachers as evidenced by (a) evaluations based on12
classroom observations and student improvement on reading assessments or13
(b) specialized training in reading improvement; 14
(3) Each student and his or her parents or guardians be informed of15
the student's reading progress; and 16
(4) Each student in a public school be able to read at or above17
grade level by third grade three. 18
Sec. 3. Section 79-2603, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
79-2603 (1) Each school district shall administer an approved21
reading assessment three times during the school year to all students in22
kindergarten through grade three, except for any student receiving23
specialized instruction for limited English proficiency who has been24
receiving such instruction for less than two years, any student receiving25
special education services for whom such assessment would conflict with26
the individualized education program plan, and any student receiving27
services under a plan pursuant to the requirements of section 504 of the28
federal Rehabilitation Act of 1973, 29 U.S.C. 794, or Title II of the29
federal Americans with Disabilities Act of 1990, 42 U.S.C. 12131 to30
12165, as such acts and sections existed on January 1, 2021, for whom31
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such assessment would conflict with such section 504 or Title II plan.1
The first administration of such assessment for kindergarten students2
shall occur within the first forty-five calendar days that school is in3
session of each school year and for all other grades within the first4
thirty calendar days that school is in session of each school year.5
(2) For purposes of the Nebraska Reading Improvement Act, an6
approved reading assessment means an assessment of student reading skills7
approved by the State Department of Education which:8
(a) Measures progress toward proficiency in the reading skills9
assessed pursuant to subsection (5) of section 79-760.03 on the statewide10
assessment of reading for grade three; 11
(b) Is valid and reliable; 12
(c) Is aligned with academic content standards for reading adopted13
by either the State Board of Education pursuant to section 79-760.01 or14
the school district administering such assessment pursuant to section15
79-760.02; 16
(d) Allows teachers access to results in a reasonable time period as17
established by the department, not to exceed fifteen contract days; and18
(e) Is commercially available and complies with requirements19
established by the department. 20
(3) On or before March 1, 2019, and on or before each March 121
thereafter, the department shall make public the list of approved reading22
assessments for the subsequent school year and the threshold level of23
performance for each such assessment to identify students who are able to24
read at or above grade level. A student performing below the threshold25
level shall be identified as having a reading deficiency for purposes of26
the Nebraska Reading Improvement Act. 27
(4) On or before October 1, 2026, the department shall establish and28
make public a threshold level of performance for the statewide assessment29
of reading for grade three administered pursuant to subsection (5) of30
section 79-760.03 and for each alternate assessment of reading for grade31
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three administered pursuant to subsection (11) of such section to1
identify students who are able to read at or above grade level.2
(5) On or before January 1, 2027, the department shall establish and3
make public a test-based student portfolio option to demonstrate mastery4
of grade three reading standard. The department shall set criteria for5
the test-based student portfolio and a threshold level of performance to6
identify students who are able to read at or above grade level.7
(6) (4) Diagnostic assessments used within a supplemental reading8
intervention program do not require department approval.9
Sec. 4. Section 79-2604, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
79-2604 (1) Any student in kindergarten, grade one, grade two, or12
grade three shall be identified as having a reading deficiency if such13
student performs below the threshold level determined pursuant to14
subsection (3) of section 79-2603 on an approved reading assessment. A15
student who is identified as having a reading deficiency pursuant to this16
subsection shall remain identified as having a reading deficiency until17
the student performs at or above the threshold level on an approved18
reading assessment. 19
(2) For purposes of retention pursuant to section 5 of this act, any20
student identified as having a reading deficiency at the end of grade21
three shall be identified as having a persistent reading deficiency22
unless such student performs at or above (a) the threshold level23
determined pursuant to subsection (4) of section 79-2603 on the statewide24
assessment of reading for grade three or any alternate assessment of25
reading for grade three or (b) the threshold level determined pursuant to26
subsection (5) of section 79-2603 on a test-based student portfolio. Each27
student identified as having a persistent reading deficiency pursuant to28
this subsection shall remain identified as having a reading deficiency29
until the student performs at or above the threshold level on an approved30
reading assessment for grade three, the statewide assessment of reading31
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for grade three or any alternate assessment of reading for grade three,1
or a test-based student portfolio. 2
(3) (2) Nothing in the Nebraska Reading Improvement Act shall3
prohibit a school district from identifying any other student as having a4
reading deficiency. 5
Sec. 5. (1) Beginning with the 2027-28 school year, except as6
otherwise provided in this section, a school board shall not promote a7
student identified as having a persistent reading deficiency to grade8
four and shall retain such student in grade three. 9
(2) The provisions of subsection (1) of this section shall not apply10
to: 11
(a) Any student who is exempt from the administration of an approved12
reading assessment pursuant to subsection (1) of section 79-2603;13
(b) Any student receiving special education services or services14
under a plan pursuant to the requirements of section 504 of the federal15
Rehabilitation Act of 1973, 29 U.S.C. 794, or Title II of the federal16
Americans with Disabilities Act of 1990, 42 U.S.C. 12131 to 12165, as17
such acts and sections existed on January 1, 2026, who has participated18
in a supplemental reading intervention program pursuant to section19
79-2605 for at least two school years and who was previously retained in20
kindergarten, grade one, grade two, or grade three for at least one21
school year; or 22
(c) Any student who has participated in a supplemental reading23
intervention program pursuant to section 79-2605 for at least two school24
years and who was previously retained in kindergarten, grade one, grade25
two, or grade three for a cumulative total of two school years.26
(3) No student shall be retained in grade three pursuant to this27
section more than once. 28
Sec. 6. Section 79-2605, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
79-2605 (1) Each school district shall provide a supplemental31
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reading intervention program for the purpose of ensuring that students1
can read at or above grade level at the end of third grade. School2
districts may work collaboratively with a reading specialist at the State3
Department of Education, with educational service units, with learning4
communities, or through interlocal agreements to develop and provide such5
supplemental reading intervention programs. Each supplemental reading6
intervention program shall be: 7
(a) Provided to any student identified as having a reading8
deficiency; 9
(b) Implemented during regular school hours in addition to regularly10
scheduled reading instruction unless otherwise agreed to by a parent or11
guardian; and 12
(c) Made available as a summer reading program between each school13
year for any student who has been enrolled in grade one, grade two, or14
grade three or in a higher grade and is identified as continuing to have15
a reading deficiency at the conclusion of the school year preceding such16
summer reading program. Such summer reading program may be (i) held in17
conjunction with existing summer programs in the school district, (ii)18
held in a community reading program not affiliated with the school19
district, or (iii) offered online. 20
(2) The supplemental reading intervention program may also include:21
(a) Reading intervention practices that are evidence-based;22
(b) Diagnostic assessments to identify specific skill-based23
strengths and weaknesses a student may have; 24
(c) Frequent monitoring of student progress throughout the school25
year with instruction adjusted accordingly; 26
(d) Intensive intervention using strategies selected from the27
following list to match the weaknesses identified in the diagnostic28
assessment: 29
(i) Development in phonemic awareness, phonics, fluency, vocabulary,30
and reading comprehension; 31
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(ii) Explicit and systematic instruction with detailed explanations,1
extensive opportunities for guided practice, and opportunities for error2
corrections and feedback; or 3
(iii) Daily targeted individual or small-group reading intervention4
based on student needs as determined by diagnostic assessment data5
subject to planned extracurricular school activities;6
(e) Strategies and resources to assist with reading skills at home,7
including parent-training workshops and suggestions for parent-guided8
home reading; or 9
(f) Access to before-school or after-school supplemental reading10
intervention with a teacher or tutor who has specialized training in11
reading intervention. 12
(3) Beginning with the 2027-28 school year, each school district13
shall provide an intensive acceleration class for any student identified14
as having a persistent reading deficiency and retained in grade three.15
Each intensive acceleration class shall include: 16
(a) A reduced student-teacher ratio; 17
(b) Individualized instruction focused on the specific reading18
deficiencies of the student; 19
(c) Reading intervention practices that are evidence-based;20
(d) Diagnostic assessments to identify specific skill-based21
strengths and weaknesses a student may have; 22
(e) Frequent monitoring of student progress throughout the school23
year with instruction adjusted accordingly; 24
(f) Intensive intervention using strategies selected from the25
following list to match the weaknesses identified in the diagnostic26
assessment: 27
(i) Development in phonemic awareness, phonics, fluency, vocabulary,28
and reading comprehension; 29
(ii) Explicit and systematic instruction with detailed explanations,30
extensive opportunities for guided practice, and opportunities for error31
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corrections and feedback; or 1
(iii) Daily targeted individual or small-group reading intervention2
based on student needs as determined by diagnostic assessment data3
subject to planned extracurricular school activities;4
(g) Strategies and resources to assist with reading skills at home,5
including parent-training workshops and suggestions for parent-guided6
home reading; 7
(h) The option of a transitional instructional setting designed to8
produce learning gains sufficient to meet grade four performance9
standards in all other core academic areas while continuing to correct10
areas of reading deficiency; and 11
(i) Access to before-school or after-school supplemental reading12
intervention with a teacher or tutor who has specialized training in13
reading intervention. 14
Sec. 7. Section 79-2606, Reissue Revised Statutes of Nebraska, is15
amended to read: 16
79-2606 (1) The school of any student who is identified as having a17
reading deficiency shall notify such student's parents or guardians18
either in writing or by electronic communication no later than fifteen19
working days after the identification of the reading deficiency that the20
student has been identified as having a reading deficiency and that an21
individualized reading improvement plan will be established and shared22
with the parents or guardians. 23
(2) Any student who is identified as having a reading deficiency24
shall receive an individualized reading improvement plan, which shall25
include a supplemental reading intervention program, no later than thirty26
days after the identification of such reading deficiency. The reading27
improvement plan may be created by the teacher, the principal, other28
pertinent school personnel, and the parents or guardians of the student29
and shall describe the reading intervention services the student will30
receive through the supplemental reading intervention program pursuant to31
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section 79-2605 to remedy such reading deficiency. Each such student1
shall receive reading intervention services through the supplemental2
reading intervention program pursuant to section 79-2605 until the3
student is no longer identified as having a reading deficiency.4
(3) Beginning with the 2027-28 school year, the school of any5
student in grade three who remains identified as having a reading6
deficiency as of January 1 of the current school year shall notify such7
student's parents or guardians either in writing or by electronic8
communication on or before February 1 of such school year that if the9
student continues to be identified as having a reading deficiency at the10
end of grade three and does not meet any of the threshold levels11
established pursuant to section 79-2603, the student will be identified12
as having a persistent reading deficiency and will be retained for the13
following school year in grade three. The notice shall offer an14
opportunity for the parents or guardians to meet and discuss possible15
changes to the student's individualized reading improvement plan with the16
teacher, the principal, or other pertinent school personnel.17
Sec. 8. Section 79-2607, Reissue Revised Statutes of Nebraska, is18
amended to read: 19
79-2607 (1) For purposes of this section: 20
(a) Evidence-based reading instruction means instruction in reading21
that is in alignment with scientifically based reading research and does22
not include the three-cueing system model of reading instruction; and23
(b) Three-cueing system model of reading instruction is an approach24
to foundational skills instruction that involves the use of three25
different types of instructional cues which include semantic, syntactic,26
and graphophonic. 27
(2)(a) The State Department of Education shall develop and implement28
a professional learning system to help provide sustained professional29
learning and training regarding evidence-based reading instruction for30
teachers who teach children from four years of age through third grade at31
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an approved or accredited school and teachers employed by an early1
childhood education program approved by the State Board of Education. The2
professional learning system shall include information and tips for3
teachers related to helping children and families work with local family4
literacy centers to strengthen home and family literacy programs and5
better instruct children in reading. 6
(b) Approved or accredited elementary schools and early childhood7
education programs approved by the State Board of Education shall ensure8
that teachers who teach children from four years of age through third9
grade are aware of the professional learning system and are adequately10
trained regarding evidence-based reading instruction to effectively11
instruct students in reading. 12
(3) The State Department of Education shall work with educational13
service units to provide regional coaches to approved or accredited14
elementary schools to provide assistance and job-embedded training15
relating to evidence-based reading instruction to teachers who teach16
students in kindergarten through third grade. 17
(4) On or before September 30 of each year, the Commissioner of18
Education shall file a report electronically with the Clerk of the19
Legislature relating to the status and use of the professional learning20
system implemented pursuant to this section. 21
(5) It is the intent of the Legislature to appropriate two million22
dollars from the Education Future Fund for each fiscal year beginning23
with fiscal year 2024-25 through fiscal year 2026-27 to the State24
Department of Education to provide regional coaches and job-embedded25
training relating to evidence-based reading instruction pursuant to26
subsection (2) or (3) of this section. 27
(6) The State Department of Education shall may provide technical28
assistance as needed to assist school boards in carrying out the Nebraska29
Reading Improvement Act. 30
(7) The department may adopt and promulgate rules and regulations to31
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carry out the act. 1
Sec. 9. Original sections 79-2601, 79-2602, 79-2603, 79-2604,2
79-2605, 79-2606, and 79-2607, Reissue Revised Statutes of Nebraska, are3
repealed. 4
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