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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 841
Introduced by Rountree, 3.
Read first time January 08, 2026
Committee: Education
A BILL FOR AN ACT relating to special education; to amend sections1
79-1139 and 79-1164, Reissue Revised Statutes of Nebraska; to2
require special education services as prescribed; to require3
parental consent as prescribed; to assign the burden of proof and4
the burden of production for certain hearings; and to repeal the5
original sections. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 79-1139, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
79-1139 (1) For purposes of this section: 3
(a) Educational decision maker means a person designated or ordered4
by a court to make educational decisions on behalf of a student; and5
(b) Surrogate means a surrogate for the parents assigned pursuant to6
section 79-1161. 7
(2) Each school district shall include only students identified and8
verified pursuant to sections 79-1137 and 79-1138 in special education9
programs and shall not provide special education services pursuant to the10
Special Education Act to any child who has not been so identified and11
verified. 12
(3) Each school district shall provide special education services to13
each student identified and verified pursuant to sections 79-1137 and14
79-1138 as directed in the student's individualized education program.15
(4) No school district shall implement a change to an individualized16
education program without consent from the student's parent, legal17
guardian, educational decisionmaker, or surrogate unless:18
(a) The school district documents reasonable efforts to obtain such19
consent and no response is received from the student's parent, legal20
guardian, educational decisionmaker, or surrogate within ten calendar21
days following such efforts; or 22
(b) The school district obtains approval to implement such change23
through a hearing conducted pursuant to sections 79-1161 to 79-1167.24
Sec. 2. Section 79-1164, Reissue Revised Statutes of Nebraska, is25
amended to read: 26
79-1164 (1) Upon the receipt of a petition filed under section27
79-1162, the department shall assign it to a hearing officer. The hearing28
officer shall receive all subsequent pleadings and shall conduct the29
hearing. 30
(2) At the hearing the parties shall present evidence on the issues31
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raised in the pleadings. 1
(3) The school district shall have the burden of proof and the2
burden of production. 3
(4) At the completion of the proceedings, the hearing officer shall4
prepare a report based on the evidence presented containing findings of5
fact and conclusions of law. 6
(5) Within forty-five days after the receipt of a request for a7
hearing, the hearing officer shall prepare a final decision and order8
directing such action as may be necessary. At the request of either party9
for good cause shown, the hearing officer may grant specific extensions10
of time beyond this period. 11
(6) The report and the final decision and order shall be delivered12
via certified mail to each party or attorney of record and to the13
Commissioner of Education. 14
Sec. 3. Original sections 79-1139 and 79-1164, Reissue Revised15
Statutes of Nebraska, are repealed. 16
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