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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1241
Introduced by Murman, 38; Clements, 2; Holdcroft, 36; Lippincott, 34;
Lonowski, 33.
Read first time January 21, 2026
Committee: Education
A BILL FOR AN ACT relating to schools; to define terms; to provide1
requirements relating to applications for employment by and2
employment of certain individuals by a school board or governing3
authority of a public, private, denominational, or parochial school;4
to provide for civil penalties; and to provide powers and duties to5
the State Department of Education. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. (1) For purposes of this section: 1
(a) Child abuse means an offense committed under section 28-707; and2
(b) Sexual misconduct means any verbal, nonverbal, written, or3
electronic communication, or any other act directed toward or with a4
student that is designed to establish a sexual relationship with the5
student, including a sexual invitation, dating or soliciting a date,6
engaging in sexual dialogue, making sexually suggestive comments, self-7
disclosure or physical exposure of a sexual or erotic nature, and any8
other sexual, indecent, or erotic contact with a student. Sexual9
misconduct includes sexual abuse by a school worker pursuant to section10
23-316.01 or violations of a policy adopted pursuant to section 79-87911
relating to relationships with students. 12
(2) No school board of a school district or governing authority of13
an approved or accredited private, denominational, or parochial school14
shall employ or contract for the paid services of any person to serve in15
a position which involves regular contact with students unless the school16
board or governing authority, in addition to any other requirements:17
(a) Requires the applicant to provide: 18
(i) A list, including name, address, telephone number, and other19
relevant contact information for: 20
(A) The applicant's current employer at the time of the application,21
if any; 22
(B) All former schools that such applicant was employed by within23
the twenty years preceding such application; and 24
(C) All former employers that the applicant was employed by within25
the twenty years preceding such application that involved direct contact26
with children; 27
(ii) A written authorization for the release and disclosure of any28
records related to the information requested under subdivision (2)(a)(i)29
of this section by the applicant's employers listed under such30
subdivision to the school district or school. Such written authorization31
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shall also release employers from liability that may arise from the1
disclosure or release of such records; and 2
(iii) A written statement as to whether the applicant:3
(A) Has been the subject of a report of child abuse, unless the4
investigation resulted in a finding that the allegations were false or5
the alleged incident of child abuse or neglect was not substantiated;6
(B) Has ever been disciplined, discharged, nonrenewed, asked to7
resign from employment, or resigned from or otherwise separated from any8
employment while allegations of child abuse or neglect or sexual9
misconduct were pending or under investigation, or due to an adjudication10
or finding of child abuse or neglect or sexual misconduct; or11
(C) Has ever had a license, professional license, or certificate12
suspended, surrendered, or revoked while allegations of child abuse or13
neglect or sexual misconduct were pending or under investigation, or due14
to an adjudication or finding of child abuse or neglect or sexual15
misconduct; and 16
(b) Conducts a review of the employment history of the applicant by17
contacting the employers listed by the applicant under subdivision (2)(a)18
of this section and requesting the following information:19
(i) The dates of employment of the applicant; and20
(ii) A statement as to whether, to the extent the employer has21
knowledge, the applicant: 22
(A) Has been the subject of a report of child abuse, unless the23
investigation resulted in a finding that the allegations were false or24
the alleged incident of child abuse or neglect was not substantiated;25
(B) Has ever been disciplined, discharged, nonrenewed, asked to26
resign from employment, or resigned from or otherwise separated from any27
employment while allegations of child abuse or neglect or sexual28
misconduct were pending or under investigation, or due to an adjudication29
or finding of child abuse or neglect or sexual misconduct; or30
(C) Has ever had a license, professional license, or certificate31
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suspended, surrendered, or revoked while allegations of child abuse or1
neglect or sexual misconduct were pending or under investigation, or due2
to an adjudication or finding of child abuse or neglect or sexual3
misconduct. 4
(3) The review of an applicant's employment history and background5
information as provided pursuant to this section may be conducted through6
telephonic, electronic, or written communications. If the review is7
conducted by telephone, the results of the review shall be documented in8
writing by the prospective employer. 9
(4)(a) An applicant who willfully provides false information or10
willfully fails to disclose information required in subdivision (2)(a) of11
this section shall be subject to discipline up to, and including, (a)12
termination or denial of employment, (b) reporting to the state agency or13
other entity with authority to revoke any relevant certificate or14
license, or (c) being subject to a civil penalty of not more than five15
hundred dollars. Any penalty collected pursuant to this subsection shall16
be distributed pursuant to Article VII, section 5, of the Constitution of17
Nebraska. 18
(b) The school board or the governing authority of an approved or19
accredited private, denominational, or parochial school shall include a20
notification of the penalties set forth in this section on all21
applications for employment for positions which involve regular contact22
with students. 23
(c) The school board or the governing authority of an approved or24
accredited private, denominational, or parochial school shall have the25
right to immediately terminate an individual's employment or rescind an26
offer of employment if: 27
(i) The applicant is offered employment or commences employment or28
contracted services with the school following the effective date of this29
act; 30
(ii) Information regarding the applicant's history of child abuse or31
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sexual misconduct is subsequently discovered or obtained by the employer1
that the employer determines disqualifies the applicant or employee from2
employment with the school; and 3
(iii) The termination of employment pursuant to this subdivision (4)4
(c) shall not be subject to any grievance or appeals procedures or tenure5
proceedings pursuant to any collective bargaining or negotiated6
agreement. 7
(5) After reviewing the information disclosed under subdivision (2)8
(a) of this section and finding an affirmative response to any of the9
inquiries in subdivision (2)(a)(iii) of this section, the school board or10
board of education, prior to determining to continue with the applicant's11
job application process, shall make further inquiries of the applicant's12
current or former employer to ascertain additional details regarding the13
matter disclosed. 14
(6) A school board or a governing authority of an approved or15
accredited private, denominational, or parochial school may employ or16
contract with an applicant on a provisional basis for a period not to17
exceed ninety days pending review by the school board or the governing18
authority of information received pursuant to subsection (2) of this19
section, provided that all of the following conditions are satisfied:20
(a) The applicant has complied with subsection (2) of this section;21
(b) The school board or the governing authority has no knowledge or22
information pertaining to the applicant that the applicant is required to23
disclose pursuant to subdivision (2)(a)(iii) of this section; and24
(c) The school board or the governing authority determines that25
special or emergent circumstances exist that justify the temporary26
employment of the applicant. 27
(7) Information received by a school board or a governing authority28
under this section shall not be considered a public record subject to29
disclosure pursuant to sections 84-712 to 84-712.09.30
(8)(a) A school board or a governing authority that receives a31
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request for information or records regarding an applicant pursuant to and1
in accordance with this section from another school board or board of2
education shall provide such information and respond to such inquiries as3
soon as practicable. 4
(b) An employer that provides information or records about a current5
or former employee or applicant shall be immune from criminal and civil6
liability for the disclosure of the information, unless the information7
or any record provided was knowingly false. The immunity shall be in8
addition to and not in limitation of any other immunity provided by law.9
(9)(a) On or after the effective date of this act, a school board or10
a governing authority of an approved or accredited public, private,11
denominational, or parochial school may not enter into an agreement, an12
employment contract, an agreement for resignation or termination, a13
severance agreement, or any other contract or agreement or take any14
action that: 15
(i) Has the effect of suppressing or destroying information relating16
to an investigation related to a report of suspected child abuse or17
sexual misconduct by a current or former employee;18
(ii) Affects the ability of the school board or the governing19
authority to report suspected child abuse or sexual misconduct to the20
appropriate authorities; or 21
(iii) Requires the school board or the governing authority to22
expunge information about allegations or findings of suspected child23
abuse or sexual misconduct from any documents maintained by the school24
unless, after investigation, the allegations are found to be false or the25
alleged incident of child abuse or sexual misconduct has not been26
substantiated. 27
(b) Any provision of an employment contract or agreement for28
resignation or termination or a severance agreement that is entered into,29
amended, or renewed after the effective date of this act and that is30
contrary to this section shall be void and unenforceable.31
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(10) The State Department of Education shall establish a public1
awareness campaign to publicize the provisions of this section and to2
ensure applicants and employers are aware of their respective rights and3
responsibilities under this section. The department shall post on its4
website guidance documents and any other informational materials that may5
assist applicants and employers in the implementation of and compliance6
with this section. 7
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