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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1053
Introduced by Education Committee: at the request of the Governor;
Murman, 38, Chairperson; Juarez, 5; Lonowski, 33; Meyer,
G., 17; Sanders, 45; Clements, 2.
Read first time January 14, 2026
Committee: Education
A BILL FOR AN ACT relating to schools; to amend sections 79-263, 79-265,1
and 79-267, Reissue Revised Statutes of Nebraska; to eliminate the2
prohibition regarding suspending a student that is in pre-3
kindergarten through second grade; to harmonize provisions; to4
repeal the original sections; and to outright repeal section5
79-265.01, Reissue Revised Statutes of Nebraska.6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 79-263, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
79-263 (1) Each Except as provided in section 79-265.01, each school3
district shall adopt a policy requiring the expulsion from school for a4
period of not less than one year of any student who is determined to have5
knowingly and intentionally possessed, used, or transmitted a firearm on6
school grounds, in a vehicle owned, leased, or contracted by a school7
being used for a school purpose or in a vehicle being driven for a school8
purpose by a school employee or his or her designee, or at a school-9
sponsored activity or athletic event. For purposes of this section,10
firearm means a firearm as defined in 18 U.S.C. 921. The policy shall11
authorize the superintendent or the school board or board of education to12
modify the expulsion requirement on an individual basis.13
(2) Each school district shall provide annually to the State14
Department of Education: 15
(a) An assurance that the school district has in effect the policy16
required by subsection (1) of this section; and 17
(b) A description of the circumstances surrounding any expulsions18
imposed under the policy required by subsection (1) of this section,19
including: 20
(i) The name of the school concerned; 21
(ii) The number of students expelled from the school; and22
(iii) The types of weapons concerned. 23
Sec. 2. Section 79-265, Reissue Revised Statutes of Nebraska, is24
amended to read: 25
79-265 (1) The Except as provided in section 79-265.01, the26
principal may deny any student the right to attend school or to take part27
in any school function for a period of up to five school days on the28
following grounds: 29
(a) Conduct constituting grounds for expulsion as set out in the30
Student Discipline Act; or 31
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(b) Any other violation of rules and standards of behavior adopted1
under the act. 2
(2) Such short-term suspension shall be made only after the3
principal has made an investigation of the alleged conduct or violation4
and has determined that such suspension is necessary to help any student,5
to further school purposes, or to prevent an interference with school6
purposes. 7
(3) Before such short-term suspension takes effect, the student8
shall be given oral or written notice of the charges against him or her,9
an explanation of the evidence the authorities have, and an opportunity10
to present his or her version. 11
(4) Within twenty-four hours or such additional time as is12
reasonably necessary, not to exceed an additional forty-eight hours,13
following such suspension, the principal shall send a written statement14
to the student and his or her parent or guardian describing the student's15
conduct, misconduct, or violation of the rule or standard and the reasons16
for the action taken. The principal shall make a reasonable effort to17
hold a conference with the parent or guardian before or at the time the18
student returns to school and shall document such effort in writing.19
Sec. 3. Section 79-267, Reissue Revised Statutes of Nebraska, is20
amended to read: 21
79-267 The Except as provided in section 79-265.01, the following22
student conduct shall constitute grounds for long-term suspension,23
expulsion, or mandatory reassignment, subject to the procedural24
provisions of the Student Discipline Act, when such activity occurs on25
school grounds, in a vehicle owned, leased, or contracted by a school26
being used for a school purpose or in a vehicle being driven for a school27
purpose by a school employee or by his or her designee, or at a school-28
sponsored activity or athletic event: 29
(1) Use of violence, force, coercion, threat, intimidation, or30
similar conduct in a manner that constitutes a substantial interference31
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with school purposes; 1
(2) Willfully causing or attempting to cause substantial damage to2
property, stealing or attempting to steal property of substantial value,3
or repeated damage or theft involving property; 4
(3) Causing or attempting to cause personal injury to a school5
employee, to a school volunteer, or to any student. Personal injury6
caused by accident, self-defense, or other action undertaken on the7
reasonable belief that it was necessary to protect some other person8
shall not constitute a violation of this subdivision;9
(4) Threatening or intimidating any student for the purpose of or10
with the intent of obtaining money or anything of value from such11
student; 12
(5) Knowingly possessing, handling, or transmitting any object or13
material that is ordinarily or generally considered a weapon;14
(6) Engaging in the unlawful possession, selling, dispensing, or use15
of a controlled substance or an imitation controlled substance, as16
defined in section 28-401, a substance represented to be a controlled17
substance, or alcoholic liquor as defined in section 53-103.02 or being18
under the influence of a controlled substance or alcoholic liquor;19
(7) Public indecency as defined in section 28-806, except that this20
subdivision shall apply only to students at least twelve years of age but21
less than nineteen years of age; 22
(8) Engaging in bullying as defined in section 79-2,137;23
(9) Sexually assaulting or attempting to sexually assault any person24
if a complaint has been filed by a prosecutor in a court of competent25
jurisdiction alleging that the student has sexually assaulted or26
attempted to sexually assault any person, including sexual assaults or27
attempted sexual assaults which occur off school grounds not at a school28
function, activity, or event. For purposes of this subdivision, sexual29
assault means sexual assault in the first degree as defined in section30
28-319, sexual assault in the second degree as defined in section 28-320,31
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sexual assault of a child in the second or third degree as defined in1
section 28-320.01, or sexual assault of a child in the first degree as2
defined in section 28-319.01, as such sections now provide or may3
hereafter from time to time be amended; 4
(10) Engaging in any other activity forbidden by the laws of the5
State of Nebraska which activity constitutes a danger to other students6
or interferes with school purposes; or 7
(11) A repeated violation of any rules and standards validly8
established pursuant to section 79-262 if such violations constitute a9
substantial interference with school purposes. 10
It is the intent of the Legislature that alternatives to suspension11
or expulsion be imposed against a student who is truant, tardy, or12
otherwise absent from required school activities. 13
Sec. 4. Original sections 79-263, 79-265, and 79-267, Reissue14
Revised Statutes of Nebraska, are repealed. 15
Sec. 5. The following section is outright repealed: Section16
79-265.01, Reissue Revised Statutes of Nebraska. 17
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