Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1146
Introduced by Conrad, 46.
Read first time January 20, 2026
Committee: Education
A BILL FOR AN ACT relating to education; to amend section 79-209, Reissue1
Revised Statutes of Nebraska; to change provisions relating to2
reports by a school district to a county attorney relating to3
absences of a child from school; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
LB1146
2026
LB1146
2026
-1-
Section 1. Section 79-209, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
79-209 (1) In all school districts in this state, any3
superintendent, principal, teacher, or member of the school board who4
knows of any violation of subsection (2) of section 79-201 shall within5
three days report such violation to the attendance officer of the school,6
who shall immediately investigate the case. When of his or her personal7
knowledge or by report or complaint from any resident of the district,8
the attendance officer believes that there is a violation of subsection9
(2) of section 79-201, the attendance officer shall immediately10
investigate such alleged violation. 11
(2) All school boards shall have a written policy on attendance12
developed and annually reviewed in collaboration with the county attorney13
of the county in which the principal office of the school district is14
located. The policy shall include a provision indicating how the school15
district will handle cases in which excessive absences are due to16
illness. The policy shall also state the circumstances and number of17
absences or the hourly equivalent upon which the school shall render all18
services to address barriers to attendance. Such services shall be19
provided upon twenty days of absence, and shall include, but not be20
limited to: 21
(a) Written communication by school officials with the person or22
persons who have legal or actual charge or control of any child; and23
(b) One or more meetings between, at a minimum, a school attendance24
officer, a school social worker, or a school administrator or his or her25
designee, the person who has legal or actual charge or control of the26
child, the person who is responsible for making educational decisions on27
behalf of the child if that person is someone other than the person who28
has legal or actual charge or control of the child, and the child, when29
appropriate, to address the barriers to attendance. The result of the30
meeting or meetings shall be to develop a collaborative plan to reduce31
LB1146
2026
LB1146
2026
-2-
barriers identified to improve regular attendance. The plan shall1
include, if agreed to by the person who is responsible for making2
educational decisions on behalf of the child, an educational evaluation3
to determine whether any intellectual, academic, physical, or social-4
emotional barriers are contributing factors to the lack of attendance.5
The plan shall also consider, but not be limited to:6
(i) The physical, mental, or behavioral health of the child;7
(ii) Educational counseling; 8
(iii) Referral to community agencies for economic services;9
(iv) Family or individual counseling; 10
(v) Assisting the family in working with other community services;11
and 12
(vi) Referral to restorative justice practices or services.13
(3)(a) (3) The school may report to the county attorney of the14
county in which the person resides when the school has documented the15
efforts it has made as required by subsection (2) of this section that16
the collaborative plan to reduce barriers identified to improve regular17
attendance has not been successful and that the child has accrued twenty18
days or more of unexcused absences during the school year. The following19
shall not be considered unexcused absences: 20
(i) Absences excused by a parent, guardian, or educational21
decisionmaker as defined in section 79-530 of the child for physical or22
mental illness; or been absent more than twenty days per school year.23
(ii) Absences: 24
(A) By pregnant or parenting students that are in accordance with a25
policy developed pursuant to section 79-2,151; or 26
(B) By students (I) who have an individualized family service plan,27
(II) who have an individualized education program under the federal28
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.,29
(III) receiving special accommodations or services under section 504 of30
the federal Rehabilitation Act of 1973, 29 U.S.C. 794, (IV) receiving31
LB1146
2026
LB1146
2026
-3-
special education as defined in section 79-1125, or (V) who are eligible1
for services under the McKinney-Vento Homeless Assistance Act, 42 U.S.C.2
1141 et seq., specifically the Education for Homeless Children and Youth3
program, if such absences are related to any such plan, services, special4
education, or program. 5
(b) The school shall notify the child's family in writing prior to6
referring the child to the county attorney. Failure by the school to7
document the efforts required by subsection (2) of this section is a8
defense to prosecution under section 79-201 and to adjudication under9
subdivision (3)(a) or (3)(b) of section 43-247 based upon such absences.10
Illness that makes attendance impossible or impracticable shall not be11
the basis for referral to the county attorney. 12
(4) Nothing in this section shall preclude a county attorney from13
being involved at any stage in the process to address excessive14
absenteeism. 15
Sec. 2. Original section 79-209, Reissue Revised Statutes of16
Nebraska, is repealed. 17
LB1146
2026
LB1146
2026
-4-