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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1224
Introduced by Hunt, 8.
Read first time January 21, 2026
Committee: Education
A BILL FOR AN ACT relating to schools; to amend sections 28-319,1
28-319.01, 28-320, 28-320.01, 28-322.02, 28-322.03, 28-322.04,2
28-323, and 79-1601, Reissue Revised Statutes of Nebraska, sections3
28-322.05, 28-707, and 28-713.03, Revised Statutes Cumulative4
Supplement, 2024, and sections 28-320.02 and 28-710, Revised5
Statutes Supplement, 2025; to prohibit persons convicted of certain6
crimes from monitoring or providing instruction at a school which7
elects not to meet accreditation or approval requirements; to change8
the Child Protection and Family Safety Act; to define a term; to9
prohibit the transfer of a student to a school that elects not to10
meet approval and accreditation requirements in certain11
circumstances as prescribed; to provide notice; to require12
confidentiality as prescribed; to provide duties to the Department13
of Health and Human Services and to the Commissioner of Education;14
to harmonize provisions; and to repeal the original sections.15
Be it enacted by the people of the State of Nebraska,16
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Section 1. Section 28-319, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
28-319 (1) Any person who subjects another person to sexual3
penetration (a) without the consent of the victim, (b) who knew or should4
have known that the victim was mentally or physically incapable of5
resisting or appraising the nature of his or her conduct, or (c) when the6
actor is nineteen years of age or older and the victim is at least twelve7
but less than sixteen years of age is guilty of sexual assault in the8
first degree. 9
(2) Sexual assault in the first degree is a Class II felony. The10
sentencing judge shall consider whether the actor caused serious personal11
injury to the victim in reaching a decision on the sentence.12
(3) Any person who is found guilty of sexual assault in the first13
degree for a second time when the first conviction was pursuant to this14
section or any other state or federal law with essentially the same15
elements as this section shall be sentenced to a mandatory minimum term16
of twenty-five years in prison. 17
(4) A person convicted of sexual assault in the first degree18
pursuant to this section shall not monitor or provide instruction at a19
school which elects pursuant to section 79-1601 not to meet accreditation20
or approval requirements. 21
Sec. 2. Section 28-319.01, Reissue Revised Statutes of Nebraska, is22
amended to read: 23
28-319.01 (1) A person commits sexual assault of a child in the24
first degree: 25
(a) When he or she subjects another person under twelve years of age26
to sexual penetration and the actor is at least nineteen years of age or27
older; or 28
(b) When he or she subjects another person who is at least twelve29
years of age but less than sixteen years of age to sexual penetration and30
the actor is twenty-five years of age or older. 31
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(2) Sexual assault of a child in the first degree is a Class IB1
felony with a mandatory minimum sentence of fifteen years in prison for2
the first offense. 3
(3) Any person who is found guilty of sexual assault of a child in4
the first degree under this section and who has previously been convicted5
(a) under this section, (b) under section 28-319 of first degree or6
attempted first degree sexual assault, (c) under section 28-320.01 before7
July 14, 2006, of sexual assault of a child or attempted sexual assault8
of a child, (d) under section 28-320.01 on or after July 14, 2006, of9
sexual assault of a child in the second or third degree or attempted10
sexual assault of a child in the second or third degree, or (e) in any11
other state or federal court under laws with essentially the same12
elements as this section, section 28-319, or section 28-320.01 as it13
existed before, on, or after July 14, 2006, shall be guilty of a Class IB14
felony with a mandatory minimum sentence of twenty-five years in prison.15
(4) In any prosecution under this section, the age of the actor16
shall be an essential element of the offense that must be proved beyond a17
reasonable doubt. 18
(5) A person convicted of sexual assault of a child pursuant to this19
section shall not monitor or provide instruction at a school which elects20
pursuant to section 79-1601 not to meet accreditation or approval21
requirements. 22
Sec. 3. Section 28-320, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
28-320 (1) Any person who subjects another person to sexual contact25
(a) without consent of the victim, or (b) who knew or should have known26
that the victim was physically or mentally incapable of resisting or27
appraising the nature of his or her conduct is guilty of sexual assault28
in either the second degree or third degree. 29
(2) Sexual assault shall be in the second degree and is a Class IIA30
felony if the actor shall have caused serious personal injury to the31
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victim. 1
(3) Sexual assault shall be in the third degree and is a Class I2
misdemeanor if the actor shall not have caused serious personal injury to3
the victim. 4
(4) A person convicted of sexual assault in either the second degree5
or third degree pursuant to this section shall not monitor or provide6
instruction at a school which elects pursuant to section 79-1601 not to7
meet accreditation or approval requirements. 8
Sec. 4. Section 28-320.01, Reissue Revised Statutes of Nebraska, is9
amended to read: 10
28-320.01 (1) A person commits sexual assault of a child in the11
second or third degree if he or she subjects another person fourteen12
years of age or younger to sexual contact and the actor is at least13
nineteen years of age or older. 14
(2) Sexual assault of a child is in the second degree if the actor15
causes serious personal injury to the victim. Sexual assault of a child16
in the second degree is a Class II felony for the first offense.17
(3) Sexual assault of a child is in the third degree if the actor18
does not cause serious personal injury to the victim. Sexual assault of a19
child in the third degree is a Class IIIA felony for the first offense.20
(4) Any person who is found guilty of second degree sexual assault21
of a child under this section and who has previously been convicted (a)22
under this section, (b) under section 28-319 of first degree or attempted23
first degree sexual assault, (c) under section 28-319.01 for first degree24
or attempted first degree sexual assault of a child, or (d) in any other25
state or federal court under laws with essentially the same elements as26
this section, section 28-319, or section 28-319.01 shall be guilty of a27
Class IC felony and shall be sentenced to a mandatory minimum term of28
twenty-five years in prison. 29
(5) Any person who is found guilty of third degree sexual assault of30
a child under this section and who has previously been convicted (a)31
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under this section, (b) under section 28-319 of first degree or attempted1
first degree sexual assault, (c) under section 28-319.01 for first degree2
or attempted first degree sexual assault of a child, or (d) in any other3
state or federal court under laws with essentially the same elements as4
this section, section 28-319, or section 28-319.01 shall be guilty of a5
Class IC felony. 6
(6) A person convicted of sexual assault of a child in either the7
second degree or third degree pursuant to this section shall not monitor8
or provide instruction at a school which elects pursuant to section9
79-1601 not to meet accreditation or approval requirements.10
Sec. 5. Section 28-320.02, Revised Statutes Supplement, 2025, is11
amended to read: 12
28-320.02 (1) No person shall knowingly solicit, coax, entice, or13
lure (a) a child sixteen years of age or younger or (b) a peace officer14
who is believed by such person to be a child sixteen years of age or15
younger, by means of an electronic communication device as that term is16
defined in section 28-833, to engage in an act which would be in17
violation of section 28-319, 28-319.01, or 28-320.01 or subsection (1) or18
(2) of section 28-320. A person shall not be convicted of both a19
violation of this subsection and a violation of section 28-319,20
28-319.01, or 28-320.01 or subsection (1) or (2) of section 28-320 if the21
violations arise out of the same set of facts or pattern of conduct and22
the individual solicited, coaxed, enticed, or lured under this subsection23
is also the victim of the sexual assault under section 28-319, 28-319.01,24
or 28-320.01 or subsection (1) or (2) of section 28-320.25
(2) A person who violates this section is guilty of a Class ID26
felony. If a person who violates this section has previously been27
convicted of a covered offense as defined in section 28-1802, the person28
is guilty of a Class IC felony. 29
(3) A person convicted of either a Class ID felony or a Class IC30
felony pursuant to this section shall not monitor or provide instruction31
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at a school which elects pursuant to section 79-1601 not to meet1
accreditation or approval requirements. 2
Sec. 6. Section 28-322.02, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
28-322.02 (1) Any person who subjects an inmate or parolee to sexual5
penetration is guilty of sexual abuse of an inmate or parolee in the6
first degree. Sexual abuse of an inmate or parolee in the first degree is7
a Class IIA felony. 8
(2) A person convicted of sexual abuse of an inmate or parolee in9
the first degree pursuant to this section shall not monitor or provide10
instruction at a school which elects pursuant to section 79-1601 not to11
meet accreditation or approval requirements. 12
Sec. 7. Section 28-322.03, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
28-322.03 (1) Any person who subjects an inmate or parolee to sexual15
contact is guilty of sexual abuse of an inmate or parolee in the second16
degree. Sexual abuse of an inmate or parolee in the second degree is a17
Class IIIA felony. 18
(2) A person convicted of sexual abuse of an inmate or parolee in19
the second degree pursuant to this section shall not monitor or provide20
instruction at a school which elects pursuant to section 79-1601 not to21
meet accreditation or approval requirements. 22
Sec. 8. Section 28-322.04, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
28-322.04 (1) For purposes of this section: 25
(a) Person means an individual employed by the Department of Health26
and Human Services and includes, but is not limited to, any individual27
working in central administration or regional service areas or facilities28
of the department and any individual to whom the department has29
authorized or delegated control over a protected individual or a30
protected individual's activities, whether by contract or otherwise; and31
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(b) Protected individual means an individual in the care or custody1
of the department. 2
(2) A person commits the offense of sexual abuse of a protected3
individual if the person subjects a protected individual to sexual4
penetration or sexual contact as those terms are defined in section5
28-318. It is not a defense to a charge under this section that the6
protected individual consented to such sexual penetration or sexual7
contact. 8
(3) Any person who subjects a protected individual to sexual9
penetration is guilty of sexual abuse of a protected individual in the10
first degree. Sexual abuse of a protected individual in the first degree11
is a Class IIA felony. 12
(4) Any person who subjects a protected individual to sexual contact13
is guilty of sexual abuse of a protected individual in the second degree.14
Sexual abuse of a protected individual in the second degree is a Class15
IIIA felony. 16
(5) A person convicted of sexual abuse of a protected individual in17
either the first degree or second degree pursuant to this section shall18
not monitor or provide instruction at a school which elects pursuant to19
section 79-1601 not to meet accreditation or approval requirements.20
Sec. 9. Section 28-322.05, Revised Statutes Cumulative Supplement,21
2024, is amended to read: 22
28-322.05 (1) For purposes of this section: 23
(a) Detainee means an individual who has been:24
(i) Arrested by a person; 25
(ii) Detained by a person, regardless of whether the detainee has26
been arrested or charged; or 27
(iii) Placed into the custody of a person, regardless of whether the28
detainee has been arrested or charged; 29
(b) Law enforcement agency means an agency or department of this30
state or of any political subdivision of this state which is responsible31
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for the prevention and detection of crime; the enforcement of the penal,1
traffic, or highway laws of this state or any political subdivision of2
this state; and the enforcement of arrest warrants. Law enforcement3
agency includes a police department, an office of the town marshal, an4
office of the county sheriff, the Nebraska State Patrol, and any5
department to which a deputy state sheriff is assigned as provided in6
section 84-106; and 7
(c) Person means an individual: 8
(i) Who is employed by a law enforcement agency, including an9
individual working under contract with the agency;10
(ii) To whom the law enforcement agency has authorized or delegated11
authority to make arrests, to place a detainee in detention or custody,12
or to otherwise exercise control over a detainee or a detainee's13
activities; and 14
(iii) Who is not the spouse of a detainee. 15
(2) A person commits the offense of sexual abuse of a detainee if16
the person engages in sexual penetration or sexual contact with a17
detainee. It is not a defense to a charge under this section that the18
detainee consented to such sexual penetration or sexual contact.19
(3) An otherwise lawful pat-down or body cavity search by a person20
is not a violation of this section. 21
(4) Any person who engages in sexual penetration with a detainee is22
guilty of sexual abuse of a detainee in the first degree. Sexual abuse of23
a detainee in the first degree is a Class IIA felony.24
(5) Any person who engages in sexual contact with a detainee is25
guilty of sexual abuse of a detainee in the second degree. Sexual abuse26
of a detainee in the second degree is a Class IIIA felony.27
(6) A person convicted of sexual abuse of a detainee in either the28
first degree or second degree pursuant to this section shall not monitor29
or provide instruction at a school which elects pursuant to section30
79-1601 not to meet accreditation or approval requirements.31
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Sec. 10. Section 28-323, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
28-323 (1) A person commits the offense of domestic assault in the3
third degree if he or she: 4
(a) Intentionally and knowingly causes bodily injury to his or her5
intimate partner; 6
(b) Threatens an intimate partner with imminent bodily injury; or7
(c) Threatens an intimate partner in a menacing manner.8
(2) A person commits the offense of domestic assault in the second9
degree if he or she intentionally and knowingly causes bodily injury to10
his or her intimate partner with a dangerous instrument.11
(3) A person commits the offense of domestic assault in the first12
degree if he or she intentionally and knowingly causes serious bodily13
injury to his or her intimate partner. 14
(4) Violation of subdivision (1)(a) or (b) of this section is a15
Class I misdemeanor, except that for any subsequent violation of16
subdivision (1)(a) or (b) of this section, any person so offending is17
guilty of a Class IIIA felony. 18
(5) Violation of subdivision (1)(c) of this section is a Class I19
misdemeanor. 20
(6) Violation of subsection (2) of this section is a Class IIIA21
felony, except that for any second or subsequent violation of such22
subsection, any person so offending is guilty of a Class IIA felony.23
(7) Violation of subsection (3) of this section is a Class IIA24
felony, except that for any second or subsequent violation under such25
subsection, any person so offending is guilty of a Class II felony.26
(8) For purposes of this section, intimate partner means a spouse; a27
former spouse; persons who have a child in common whether or not they28
have been married or lived together at any time; and persons who are or29
were involved in a dating relationship. For purposes of this subsection,30
dating relationship means frequent, intimate associations primarily31
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characterized by the expectation of affectional or sexual involvement,1
but does not include a casual relationship or an ordinary association2
between persons in a business or social context. 3
(9) A person convicted of domestic assault pursuant to this section4
shall not monitor or provide instruction at a school which elects5
pursuant to section 79-1601 not to meet accreditation or approval6
requirements. 7
Sec. 11. Section 28-707, Revised Statutes Cumulative Supplement,8
2024, is amended to read: 9
28-707 (1) A person commits child abuse if he or she knowingly,10
intentionally, or negligently causes or permits a minor child to be:11
(a) Placed in a situation that endangers his or her life or physical12
or mental health; 13
(b) Cruelly confined or cruelly punished; 14
(c) Deprived of necessary food, clothing, shelter, or care;15
(d) Placed in a situation to be sexually exploited through sex16
trafficking of a minor as defined in section 28-830 or by allowing,17
encouraging, or forcing such minor child to engage in debauchery, public18
indecency, or obscene or pornographic photography, films, or depictions;19
(e) Placed in a situation to be sexually abused as defined in20
section 28-319, 28-319.01, or 28-320.01; or 21
(f) Placed in a situation to be a trafficking victim as defined in22
section 28-830. 23
(2) The statutory privilege between patient and physician, between24
client and professional counselor, and between husband and wife shall not25
be available for excluding or refusing testimony in any prosecution for a26
violation of this section. 27
(3) Child abuse is a Class I misdemeanor if the offense is committed28
negligently and does not result in serious bodily injury as defined in29
section 28-109 or death. 30
(4) Child abuse is a Class IIIA felony if the offense is committed31
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knowingly and intentionally and does not result in serious bodily injury1
as defined in section 28-109 or death. 2
(5) Child abuse is a Class IIIA felony if the offense is committed3
negligently and results in serious bodily injury as defined in section4
28-109. 5
(6) Child abuse is a Class IIA felony if the offense is committed6
negligently and results in the death of such child.7
(7) Child abuse is a Class II felony if the offense is committed8
knowingly and intentionally and results in serious bodily injury as9
defined in such section. 10
(8) Child abuse is a Class IB felony if the offense is committed11
knowingly and intentionally and results in the death of such child.12
(9) For purposes of this section, negligently refers to criminal13
negligence and means that a person knew or should have known of the14
danger involved and acted recklessly, as defined in section 28-109, with15
respect to the safety or health of the minor child.16
(10) A person convicted of child abuse pursuant to this section17
shall not monitor or provide instruction at a school which elects18
pursuant to section 79-1601 not to meet accreditation or approval19
requirements. 20
Sec. 12. Section 28-710, Revised Statutes Supplement, 2025, is21
amended to read: 22
28-710 (1) Sections 28-710 to 28-727 and section 13 of this act23
shall be known and may be cited as the Child Protection and Family Safety24
Act. 25
(2) For purposes of the Child Protection and Family Safety Act:26
(a) Alternative response means a comprehensive assessment of (i)27
child safety, (ii) the risk of future child abuse or neglect, (iii)28
family strengths and needs, and (iv) the provision of or referral for29
necessary services and support. Alternative response is an alternative to30
traditional response and does not include an investigation or a formal31
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determination as to whether child abuse or neglect has occurred, and the1
subject of the report shall not be entered into the central registry of2
child protection cases maintained pursuant to section 28-718;3
(b) Child abuse or neglect means knowingly, intentionally, or4
negligently causing or permitting a minor child to be:5
(i) Placed in a situation that endangers his or her life or physical6
or mental health; 7
(ii) Cruelly confined or cruelly punished; 8
(iii) Deprived of necessary food, clothing, shelter, or care;9
(iv) Left unattended in a motor vehicle if such minor child is six10
years of age or younger; 11
(v) Placed in a situation to be sexually abused;12
(vi) Placed in a situation to be sexually exploited through sex13
trafficking of a minor as defined in section 28-830 or by allowing,14
encouraging, or forcing such person to engage in debauchery, public15
indecency, or obscene or pornographic photography, films, or depictions;16
or 17
(vii) Placed in a situation to be a trafficking victim as defined in18
section 28-830; 19
(c) Child advocacy center means a community-based organization that20
(i) provides an appropriate site for conducting forensic interviews as21
defined in section 28-728 and referring victims of child abuse or neglect22
and appropriate caregivers for such victims to needed evaluation,23
services, and supports, (ii) assists county attorneys in facilitating24
case reviews, developing and updating protocols, and arranging training25
opportunities for the teams established pursuant to sections 28-728 and26
28-729, and (iii) is a member, in good standing, of a state chapter as27
defined in 34 U.S.C. 20302; 28
(d) Comprehensive assessment means an analysis of child safety, risk29
of future child abuse or neglect, and family strengths and needs on a30
report of child abuse or neglect using an evidence-informed and validated31
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tool. Comprehensive assessment does not include a finding as to whether1
the child abuse or neglect occurred but does determine the need for2
services and support, if any, to address the safety of children and the3
risk of future abuse or neglect; 4
(e) Department means the Department of Health and Human Services;5
(f) Educational decisionmaker has the same meaning as in section6
79-530; 7
(g) Exempt school means a school which elects pursuant to section8
79-1601 not to meet accreditation or approval requirements;9
(h) (f) Investigation means fact gathering by the department, using10
an evidence-informed and validated tool, or by law enforcement related to11
the current safety of a child and the risk of future child abuse or12
neglect that determines whether child abuse or neglect has occurred and13
whether child protective services are needed; 14
(i) (g) Kin caregiver means a person with whom a child in foster15
care has been placed or with whom a child is residing pursuant to a16
temporary living arrangement in a non-court-involved case, who has17
previously lived with or is a trusted adult that has a preexisting,18
significant relationship with the child or with a sibling of such child19
placed pursuant to section 43-1311.02; 20
(j) (h) Law enforcement agency means the police department or town21
marshal in incorporated municipalities, the office of the sheriff in22
unincorporated areas, and the Nebraska State Patrol;23
(k) (i) Member of a military family means an individual who is:24
(i) Serving active duty service in the armed forces of the United25
States, including any reserve component or the National Guard; or26
(ii) Is a dependent, as defined in 50 U.S.C. 3911, of a person27
described in subdivision (2)(j)(i) (2)(i)(i) of this section;28
(l) (j) Non-court-involved case means an ongoing case opened by the29
department following a report of child abuse or neglect in which the30
department has determined that ongoing services are required to maintain31
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the safety of a child or alleviate the risk of future abuse or neglect1
and in which the family voluntarily engages in child protective services2
without a filing in a juvenile court; 3
(m) (k) Out-of-home child abuse or neglect means child abuse or4
neglect occurring outside of a child's family home, including in day care5
homes, foster homes, day care centers, residential child-caring agencies6
as defined in section 71-1926, other child care facilities or7
institutions, and the community. Out-of-home child abuse or neglect also8
includes cases in which the subject of the report of child abuse or9
neglect is not a member of the child's household, no longer has access to10
the child, is unknown, or cannot be identified; 11
(n) (l) Relative caregiver means a person with whom a child is12
placed by the department and who is related to the child, or to a sibling13
of such child pursuant to section 43-1311.02, by blood, marriage, or14
adoption or, in the case of an Indian child, is an extended family member15
as defined in section 43-1503; 16
(o) (m) Report means any communication received by the department or17
a law enforcement agency pursuant to the Child Protection and Family18
Safety Act that describes child abuse or neglect and contains sufficient19
content to identify the child who is the alleged victim of child abuse or20
neglect; 21
(p) (n) Review, Evaluate, and Decide Team means an internal team of22
staff within the department and shall include no fewer than two23
supervisors or administrators and two staff members knowledgeable on the24
policies and practices of the department, including, but not limited to,25
the structured review process. County attorneys, child advocacy centers,26
or law enforcement agency personnel may attend team reviews upon request27
of a party; 28
(q) (o) School employee means a person nineteen years of age or29
older who is employed by a public, private, denominational, or parochial30
school approved or accredited by the State Department of Education;31
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(r) (p) Student means a person less than nineteen years of age1
enrolled in or attending a public, private, denominational, or parochial2
school approved or accredited by the State Department of Education, or3
who was such a person enrolled in or who attended such a school within4
ninety days of any violation of section 28-316.01; 5
(s) (q) Traditional response means an investigation by a law6
enforcement agency or the department pursuant to section 28-713 which7
requires a formal determination of whether child abuse or neglect has8
occurred; and 9
(t) (r) Subject of the report of child abuse or neglect or subject10
of the report means the person or persons identified in the report as11
responsible for the child abuse or neglect. 12
Sec. 13. (1) The subject of a report of child abuse or neglect13
shall not be permitted to transfer a student for whom such subject is a14
parent, legal guardian, or educational decisionmaker from the student's15
current school to an exempt school during a review of such report by a16
Review, Evaluate, and Decide Team pursuant to 28-712.01 or during a17
traditional response. 18
(2) For any report involving a subject who is a parent of a student,19
legal guardian of a student, or educational decisionmaker for a student,20
the department shall notify each such student's current school and the21
Commissioner of Education that an election filed under section 79-160122
allowing such student to transfer to an exempt school shall be invalid23
until further notice. 24
(3) If an election is filed under section 79-1601 in violation of25
this section or if such student's current school receives a request to26
transfer or disenroll such student, the commissioner or the school shall27
immediately notify the local law enforcement agency of the filing or the28
request and that such filing or request may be related to the subject of29
a report of child abuse or neglect that is currently being investigated.30
(4) When a determination is made by the Review, Evaluate, and Decide31
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Team to assign the report for alternative response or when formal1
determination of whether child abuse or neglect has occurred with regard2
to such report, the department shall notify such student's current school3
and the Commissioner of Education that there is no longer a restriction4
under subsection (2) of this section on allowing such student to transfer5
to an exempt school. 6
(5) Notices pursuant to this section are confidential investigation7
records and shall not contain any information other than the name of the8
student and whether or not to allow such student to transfer to an exempt9
school pursuant to this section. 10
(6) The department shall establish procedures to carry out this11
section. 12
Sec. 14. Section 28-713.03, Revised Statutes Cumulative Supplement,13
2024, is amended to read: 14
28-713.03 (1) The department shall adopt and promulgate rules and15
regulations consistent with Laws 2020, LB1061, and shall revoke any rules16
and regulations inconsistent with Laws 2020, LB1061, by July 1, 2021.17
(2) The department shall adopt and promulgate rules and regulations18
regarding (a) the maximum time allowed between receiving a report of19
child abuse or neglect and an assigned caseworker making contact with the20
affected family, (b) the maximum amount of time between receipt of a21
report and the completion of an assessment or investigation, (c) the22
transfer of cases from alternative response to traditional response, (d)23
the criteria and process to be used by the Review, Evaluate, and Decide24
Team, and (e) the process used to accept and categorize reports,25
including the operation of the hotline established under section 28-711.26
(3) The department shall adopt and promulgate rules and regulations27
describing the process for non-court-involved cases, the right of any28
child, parent, kin caregiver, or relative caregiver to an administrative29
appeal of any department action or inaction in a non-court-involved case,30
and the process for finding that a child is seriously endangered.31
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(4) The department may adopt and promulgate rules and regulations to1
carry out the provisions of section 13 of this act.2
Sec. 15. Section 79-1601, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
79-1601 (1) Except as provided in subsections (2) through (6) of5
this section, all private, denominational, and parochial schools in the6
State of Nebraska and all teachers employed or giving instruction in such7
schools shall be subject to and governed by the provisions of the general8
school laws of the state so far as the same apply to grades,9
qualifications, and certification of teachers and promotion of students.10
All private, denominational, and parochial schools shall have adequate11
equipment and supplies, shall be graded the same, and shall have courses12
of study for each grade conducted in such schools substantially the same13
as those given in the public schools which the students would attend in14
the absence of such private, denominational, or parochial schools.15
(2) All private, denominational, or parochial schools shall either16
comply with the accreditation or approval requirements as prescribed17
pursuant to section 79-318 or, for those schools which elect not to meet18
accreditation or approval requirements, the requirements prescribed in19
subsections (2) through (6) of this section. Standards and procedures for20
approval and accreditation shall be based upon the program of studies,21
guidance services, the number and preparation of teachers in relation to22
the curriculum and enrollment, instructional materials and equipment,23
science facilities and equipment, library facilities and materials, and24
health and safety factors in buildings and grounds. Rules and regulations25
governing procedures for private, denominational, and parochial schools26
which elect, pursuant to the procedures prescribed in subsections (2)27
through (6) of this section, not to meet state accreditation or approval28
requirements shall be based upon an assurance that such schools offer a29
program of instruction leading to the acquisition of basic skills in the30
language arts, mathematics, science, social studies, and health. The31
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assurance required pursuant to this subsection shall be satisfied by a1
signed statement by the parent, legal guardian, or educational2
decisionmaker of a student that the education provided complies with3
subsections (2) through (6) of this section. Rules and regulations which4
govern procedures under this section are limited to procedures for5
receiving information from a parent, legal guardian, or educational6
decisionmaker of a student or a parent representative when such7
individual files the election not to meet accreditation or approval8
requirements under this section and procedures for carrying out section9
13 of this act. 10
(3) The provisions of subsections (3) through (6) of this section11
shall apply to any private, denominational, or parochial school in the12
State of Nebraska which elects not to meet state accreditation or13
approval requirements. Except as provided in section 13 of this act, an14
An election pursuant to such subsections shall be effective when a15
statement is received by the Commissioner of Education signed by a16
parent, legal guardian, or educational decisionmaker of each student17
attending such private, denominational, or parochial school, stating that18
(a) either specifically (i) the requirements for approval and19
accreditation required by law and the rules and regulations adopted and20
promulgated by the State Board of Education violate sincerely held21
religious beliefs of the parent, legal guardian, or educational22
decisionmaker or (ii) the requirements for approval and accreditation23
required by law and the rules and regulations adopted and promulgated by24
the State Board of Education interfere with the decisions of the parent,25
legal guardian, or educational decisionmaker in directing the student's26
education, (b) an authorized representative of such parent, legal27
guardian, or educational decisionmaker will annually submit to the28
Commissioner of Education an assurance that the requirements of29
subdivisions (4)(a) through (c) of this section are and will continue to30
be satisfied, (c) the school offers the courses of instruction required31
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by subsections (2), (3), and (4) of this section, and (d) the parent,1
legal guardian, or educational decisionmaker is satisfied that2
individuals monitoring instruction at such school are qualified to3
monitor instruction in the basic skills as required by subsections (2),4
(3), and (4), and (5) of this section. 5
(4) Each such private, denominational, or parochial school shall (a)6
meet minimum requirements relating to health, fire, and safety standards7
prescribed by state law and the rules and regulations of the State Fire8
Marshal, (b) report attendance pursuant to section 79-201, (c) maintain a9
sequential program of instruction designed to lead to basic skills in the10
language arts, mathematics, science, social studies, and health, and (d)11
comply with the immunization requirements in section 79-217 if the12
statement signed by the parent, legal guardian, or educational13
decisionmaker indicates a nonreligious reason pursuant to subdivision (3)14
(a)(ii) of this section for the student attending a private,15
denominational, or parochial school which elects not to meet state16
accreditation or approval requirements. The State Board of Education17
shall establish procedures for receiving information and reports required18
by subsections (3) through (6) of this section from authorized parent19
representatives who may act as agents for the parent, legal guardian, or20
educational decisionmaker of a student attending such schools.21
(5)(a) (5) Individuals employed or utilized by schools which elect22
not to meet state accreditation or approval requirements shall not be23
required to meet the certification requirements prescribed in sections24
79-801 to 79-815. 25
(b) Individuals monitoring or providing instruction at a school26
which elects not to meet state accreditation or approval requirements27
shall not have been convicted of any offense under section 28-319 to28
28-322.05, 28-323, or 28-707. 29
(6) Any school which elects not to meet state accreditation or30
approval requirements and does not meet the requirements of subsections31
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(2) through (6) of this section shall not be deemed a school, and the1
parent, legal guardian, or educational decisionmaker of any students2
attending such school shall be subject to prosecution pursuant to section3
79-201 or any statutes relating to habitual truancy.4
(7) For purposes of this section, educational decisionmaker means a5
person designated or ordered by a court to make educational decisions on6
behalf of a child. 7
Sec. 16. Original sections 28-319, 28-319.01, 28-320, 28-320.01,8
28-322.02, 28-322.03, 28-322.04, 28-323, and 79-1601, Reissue Revised9
Statutes of Nebraska, sections 28-322.05, 28-707, and 28-713.03, Revised10
Statutes Cumulative Supplement, 2024, and sections 28-320.02 and 28-710,11
Revised Statutes Supplement, 2025, are repealed. 12
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