The official site of the Nebraska Unicameral Legislature

LEGISLATIVE BILL 937
Approved by the Governor April 16, 2026

Introduced by Education Committee: Murman, 38, Chairperson; Conrad, 46; Juarez,
5; Lonowski, 33; Meyer, G., 17; Sanders, 45.

A BILL FOR AN ACT relating to education; to amend sections 79-209, 79-239,
79-308, 79-528, 79-816, 79-8,113, 79-8,114, 79-1035, 79-1248, 79-1601,
79-3407, 79-3703, and 79-3704, Reissue Revised Statutes of Nebraska, and
sections 28-710, 79-2,136, 79-1054, and 79-3501, Revised Statutes
Supplement, 2025; to define terms; to prohibit the transfer or
disenrollment of students in certain circumstances; to change provisions
relating to school absences, option enrollment, and extracurricular
activities; to eliminate obsolete provisions relating to grants for an
evaluation model, learning community levies, and funding from solar or
wind agreements on school lands; to change provisions relating to certain
reports; to provide requirements relating to applications for employment
at a school; to change provisions relating to the Nebraska Teacher
Apprenticeship Program and the Nebraska Teacher Recruitment and Retention
Act; to prohibit persons convicted of certain crimes from monitoring or
providing instruction at a school which elects not to meet accreditation
or approval requirements; to provide for grants; to change a deadline
under the School District Property Tax Limitation Act; to change
provisions relating to the College Pathway Program Act; to adopt the Prior
Learning Act and the K-12 Education Cybersecurity Act; to eliminate
provisions relating to the Junior Mathematics Prognosis Examination; to
harmonize provisions; to repeal the original sections; and to outright
repeal sections 79-309.01 and 79-718, Reissue Revised Statutes of
Nebraska.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-710, Revised Statutes Supplement, 2025, is amended
to read:
28-710 (1) Sections 28-710 to 28-727 and section 2 of this act shall be
known and may be cited as the Child Protection and Family Safety Act.
(2) For purposes of the Child Protection and Family Safety Act:
(a) Alternative response means a comprehensive assessment of (i) child
safety, (ii) the risk of future child abuse or neglect, (iii) family strengths
and needs, and (iv) the provision of or referral for necessary services and
support. Alternative response is an alternative to traditional response and
does not include an investigation or a formal determination as to whether child
abuse or neglect has occurred, and the subject of the report shall not be
entered into the central registry of child protection cases maintained pursuant
to section 28-718;
(b) Child abuse or neglect means knowingly, intentionally, or negligently
causing or permitting a minor child to be:
(i) Placed in a situation that endangers his or her life or physical or
mental health;
(ii) Cruelly confined or cruelly punished;
(iii) Deprived of necessary food, clothing, shelter, or care;
(iv) Left unattended in a motor vehicle if such minor child is six years
of age or younger;
(v) Placed in a situation to be sexually abused;
(vi) Placed in a situation to be sexually exploited through sex
trafficking of a minor as defined in section 28-830 or by allowing,
encouraging, or forcing such person to engage in debauchery, public indecency,
or obscene or pornographic photography, films, or depictions; or
(vii) Placed in a situation to be a trafficking victim as defined in
section 28-830;
(c) Child advocacy center means a community-based organization that (i)
provides an appropriate site for conducting forensic interviews as defined in
section 28-728 and referring victims of child abuse or neglect and appropriate
caregivers for such victims to needed evaluation, services, and supports, (ii)
assists county attorneys in facilitating case reviews, developing and updating
protocols, and arranging training opportunities for the teams established
pursuant to sections 28-728 and 28-729, and (iii) is a member, in good
standing, of a state chapter as defined in 34 U.S.C. 20302;
(d) Comprehensive assessment means an analysis of child safety, risk of
future child abuse or neglect, and family strengths and needs on a report of
child abuse or neglect using an evidence-informed and validated tool.
Comprehensive assessment does not include a finding as to whether the child
abuse or neglect occurred but does determine the need for services and support,
if any, to address the safety of children and the risk of future abuse or
neglect;
(e) Department means the Department of Health and Human Services;
(f) Educational decisionmaker has the same meaning as in section 79-530;
(g) Exempt school means a school which elects pursuant to section 79-1601
not to meet accreditation or approval requirements;
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(h) (f) Investigation means fact gathering by the department, using an
evidence-informed and validated tool, or by law enforcement related to the
current safety of a child and the risk of future child abuse or neglect that
determines whether child abuse or neglect has occurred and whether child
protective services are needed;
(i) (g) Kin caregiver means a person with whom a child in foster care has
been placed or with whom a child is residing pursuant to a temporary living
arrangement in a non-court-involved case, who has previously lived with or is a
trusted adult that has a preexisting, significant relationship with the child
or with a sibling of such child placed pursuant to section 43-1311.02;
(j) (h) Law enforcement agency means the police department or town marshal
in incorporated municipalities, the office of the sheriff in unincorporated
areas, and the Nebraska State Patrol;
(k) (i) Member of a military family means an individual who is:
(i) Serving active duty service in the armed forces of the United States,
including any reserve component or the National Guard; or
(ii) Is a dependent, as defined in 50 U.S.C. 3911, of a person described
in subdivision (2)(k)(i) (2)(i)(i) of this section;
(l) (j) Non-court-involved case means an ongoing case opened by the
department following a report of child abuse or neglect in which the department
has determined that ongoing services are required to maintain the safety of a
child or alleviate the risk of future abuse or neglect and in which the family
voluntarily engages in child protective services without a filing in a juvenile
court;
(m) (k) Out-of-home child abuse or neglect means child abuse or neglect
occurring outside of a child's family home, including in day care homes, foster
homes, day care centers, residential child-caring agencies as defined in
section 71-1926, other child care facilities or institutions, and the
community. Out-of-home child abuse or neglect also includes cases in which the
subject of the report of child abuse or neglect is not a member of the child's
household, no longer has access to the child, is unknown, or cannot be
identified;
(n) (l) Relative caregiver means a person with whom a child is placed by
the department and who is related to the child, or to a sibling of such child
pursuant to section 43-1311.02, by blood, marriage, or adoption or, in the case
of an Indian child, is an extended family member as defined in section 43-1503;
(o) (m) Report means any communication received by the department or a law
enforcement agency pursuant to the Child Protection and Family Safety Act that
describes child abuse or neglect and contains sufficient content to identify
the child who is the alleged victim of child abuse or neglect;
(p) (n) Review, Evaluate, and Decide Team means an internal team of staff
within the department and shall include no fewer than two supervisors or
administrators and two staff members knowledgeable on the policies and
practices of the department, including, but not limited to, the structured
review process. County attorneys, child advocacy centers, or law enforcement
agency personnel may attend team reviews upon request of a party;
(q) (o) School employee means a person nineteen years of age or older who
is employed by a public, private, denominational, or parochial school approved
or accredited by the State Department of Education;
(r) (p) Student means a person less than nineteen years of age enrolled in
or attending a public, private, denominational, or parochial school approved or
accredited by the State Department of Education, or who was such a person
enrolled in or who attended such a school within ninety days of any violation
of section 28-316.01;
(s) (q) Traditional response means an investigation by a law enforcement
agency or the department pursuant to section 28-713 which requires a formal
determination of whether child abuse or neglect has occurred; and
(t) (r) Subject of the report of child abuse or neglect or subject of the
report means the person or persons identified in the report as responsible for
the child abuse or neglect.
Sec. 2. (1) For any report of child abuse or neglect resulting in an
active investigation by the department where the subject of the report is a
parent or legal guardian of a student or an educational decisionmaker for a
student, the department shall notify the superintendent of such student's
resident school district and the Commissioner of Education that such student
shall not be transferred or otherwise disenrolled from the student's current
school by a parent, legal guardian, or educational decisionmaker for fourteen
days after receipt of the notice or until further notice from the department,
whichever occurs first.
(2) The subject of the report for whom a notice has been provided in
accordance with this section shall not transfer or otherwise disenroll such
student from the student's current school for fourteen days after receipt of
the notice or until further notice from the department, whichever occurs first.
Any new election filed under section 79-1601 for such student to attend an
exempt school shall be invalid during such time period.
(3) If an election is filed under section 79-1601 in violation of this
section or if such student's resident school district receives a request to
transfer or disenroll such student or a notification of a request to transfer
or disenroll from a school that is not operated by the resident school
district, the Commissioner of Education or the school district shall
immediately notify the department of the filing or the request and that such
notice is being given pursuant to this section.
(4) Notices pursuant to this section are confidential investigation
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records and shall not contain any information other than the name of the
student and whether or not to allow such student to transfer or otherwise
disenroll from the school pursuant to this section.
(5) The department may adopt and promulgate rules and regulations to carry
out this section.
Sec. 3. Section 79-209, Reissue Revised Statutes of Nebraska, is amended
to read:
79-209 (1) In all school districts in this state, any superintendent,
principal, teacher, or member of the school board who knows of any violation of
subsection (2) of section 79-201 shall within three days report such violation
to the attendance officer of the school, who shall immediately investigate the
case. When of his or her personal knowledge or by report or complaint from any
resident of the district, the attendance officer believes that there is a
violation of subsection (2) of section 79-201, the attendance officer shall
immediately investigate such alleged violation.
(2) All school boards shall have a written policy on attendance developed
and annually reviewed in collaboration with the county attorney of the county
in which the principal office of the school district is located. The policy
shall include a provision indicating how the school district will handle cases
in which excessive absences are due to illness. The policy shall also state the
circumstances and number of absences or the hourly equivalent upon which the
school shall render all services to address barriers to attendance. Such
services shall be provided upon twenty days of absence, and shall include, but
not be limited to:
(a) Written communication by school officials with the person or persons
who have legal or actual charge or control of any child; and
(b) One or more meetings between, at a minimum, a school attendance
officer, a school social worker, or a school administrator or his or her
designee, the person who has legal or actual charge or control of the child,
the person who is responsible for making educational decisions on behalf of the
child if that person is someone other than the person who has legal or actual
charge or control of the child, and the child, when appropriate, to address the
barriers to attendance. The result of the meeting or meetings shall be to
develop a collaborative plan to reduce barriers identified to improve regular
attendance. The plan shall include, if agreed to by the person who is
responsible for making educational decisions on behalf of the child, an
educational evaluation to determine whether any intellectual, academic,
physical, or social-emotional barriers are contributing factors to the lack of
attendance. The plan shall also consider, but not be limited to:
(i) The physical, mental, or behavioral health of the child;
(ii) Educational counseling;
(iii) Referral to community agencies for economic services;
(iv) Family or individual counseling;
(v) Assisting the family in working with other community services; and
(vi) Referral to restorative justice practices or services.
(3)(a) (3) The school may report to the county attorney of the county in
which the person resides when the school has documented the efforts it has made
as required by subsection (2) of this section that the collaborative plan to
reduce barriers identified to improve regular attendance has not been
successful and that the child has accrued twenty days or more of unexcused
absences during the school year. Absences shall be excused by a parent,
guardian, or educational decision maker, as defined in section 79-530, of the
child for physical or mental illness and as documented by a credentialed health
professional, provided the documentation supports such absence. In the instance
of chronic illness, documentation shall be reviewed each semester. been absent
more than twenty days per school year.
(b) The school shall notify the child's family in writing prior to
referring the child to the county attorney. Failure by the school to document
the efforts required by subsection (2) of this section is a defense to
prosecution under section 79-201 and to adjudication under subdivision (3)(a)
or (3)(b) of section 43-247 based upon such absences. Illness that makes
attendance impossible or impracticable shall not be the basis for referral to
the county attorney.
(4) Nothing in this section shall preclude a county attorney from being
involved at any stage in the process to address excessive absenteeism.
Sec. 4. Section 79-239, Reissue Revised Statutes of Nebraska, is amended
to read:
79-239 (1) If an application is rejected by the option school district or
if the resident school district rejects a request for release under subsection
(1) of section 79-237, the rejecting school district shall provide written
notification to the parent or guardian stating (a) the specific reasons for the
rejection including, for students with an individualized education program
under the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400
et seq., or with a diagnosed disability as defined in section 79-1118.01, a
description of services and accommodations required that the school district
does not have the capacity to provide, and (b) the process for appealing such
rejection to the State Board of Education. Such notification shall be sent by
certified mail.
(2) The parent or legal guardian may appeal a rejection to the State Board
of Education by filing a written request, together with a copy of the rejection
notice, with the State Board of Education. Such request and copy of the notice
must be received by the board within thirty days after the date the
notification of the rejection was received by the parent or legal guardian.
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Such hearing shall be held in accordance with the Administrative Procedure Act
and shall determine whether the procedures of sections 79-234 to 79-241 have
been followed. Any rejection based upon capacity limitations established under
section 79-238 shall be the responsibility of the school district to prove in
any appeal filed with the state board.
(3)(a) As part of the end-of-the-school-year annual statistical summary
required pursuant to section 79-528, Beginning July 1, 2024, and on or before
July 1 of each year thereafter, each school district shall provide to the State
Department of Education information prescribed by the Commissioner of Education
relating to all applications received pursuant to section 79-237 rejected by
the option school district. Such information shall include, but not be limited
to, (a) the number of applications approved and the number of applications
rejected by in each public school in such school district, (b) an explanation
why each rejected application was rejected, (c) whether each application for
option enrollment indicated that the student had an individualized education
program under the federal Individuals with Disabilities Education Act, 20
U.S.C. 1400 et seq., or had been identified as a student with a disability as
defined in section 79-1118.01, and (d) if the school district is in a learning
community, whether information regarding the requirements of subsection (4) of
section 79-238 was provided to the applicant.
(b) The Commissioner of Education shall annually compile the information
received pursuant to this subsection and provide a report on such information
electronically to the Legislature beginning on September 1, 2024, and on or
before September 1 of each year thereafter. The State Board of Education may
adopt and promulgate rules and regulations to carry out this subsection.
Sec. 5. Section 79-2,136, Revised Statutes Supplement, 2025, is amended to
read:
79-2,136 (1) Each school board shall allow the part-time enrollment of
students, for all courses selected by the students, who are residents of, or
admitted to, the school district pursuant to subsection (1), (2), or (11) of
section 79-215 and who are also enrolled in a private, denominational, or
parochial school or in a school which elects pursuant to section 79-1601 not to
meet accreditation or approval requirements and shall establish policies and
procedures for such part-time enrollment. Such policies and procedures may
include provisions permitting the part-time enrollment of such students who are
not residents of, or admitted to, such school districts to the extent permitted
pursuant to section 79-215 and may require part-time students to follow school
policies that apply to other students at any time the part-time student is
present on school grounds or at a school-sponsored activity or athletic event.
Part-time enrollment shall not entitle a student to transportation or
transportation reimbursements pursuant to section 79-611.
(2) Each school board shall establish policies and procedures to allow any
student who is a resident of, or admitted to, the school district pursuant to
subsection (1), (2), or (11) of section 79-215 and who is enrolled in a school
which elects pursuant to section 79-1601 not to meet accreditation or approval
requirements to participate in any extracurricular activities as defined in
section 79-2,126, including, but not limited to, interschool competitions, to
the same extent and subject to the same requirements, conditions, and
procedures as a student enrolled in a public school governed by such board,
except that any school which elects pursuant to section 79-1601 not to meet
accreditation or approval requirements shall set the standards for satisfactory
academic performance for a student from the school to participate in
extracurricular activities pursuant to this subsection and shall provide
assurances of compliance with such academic standards.
(3) School board policies and procedures adopted pursuant to subsection
(2) of this section:
(a) Shall shall require any student desiring to participate in
extracurricular activities regulated by an athletics or activities association
to which such school is a member pursuant to such subsection to be enrolled in
five credit hours offered by the school district in any semester in order to
participate in such extracurricular activities, but may not prohibit a student
from enrolling in more than five credit hours; ,
(b) Shall require any student desiring to participate in an
extracurricular activity that is governed by a national or state organization
other than an athletics or activities association to be enrolled only in the
minimum number of credit hours offered by the school district as required by
such national or state organization in order to participate in such
extracurricular activity, but may not prohibit a student from enrolling in more
than such minimum credit hours;
(c) May require any student desiring to participate in an extracurricular
activity that is not governed by a national or state organization or an
athletics or activities association to be enrolled in up to five credit hours
offered by the school district in any semester in order to participate in such
extracurricular activity, but may not prohibit a student from enrolling in more
than such required number of credit hours;
(d) Shall shall not allow any preference in the selection of a student for
participation in an extracurricular activity based on such student's status as
a full-time student in the school district; , and
(e) May (c) may require any student participating in extracurricular
activities pursuant to such subsection to follow school policies that apply to
other students when present on school grounds or at a school-sponsored activity
or athletic event.
(4) Participation in extracurricular activities pursuant to subsection (2)
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of this section shall not entitle a student to transportation, except to and
from practices and events to the same extent as public school students
participating in such activities, or transportation reimbursement pursuant to
section 79-611.
(5) (4) Nothing in this section shall be construed to exempt any student
from the compulsory attendance provisions of section 79-201 or any statutes
relating to habitual truancy.
Sec. 6. Section 79-308, Reissue Revised Statutes of Nebraska, is amended
to read:
79-308 (1) The Commissioner of Education shall organize institutes and
conferences at such times and places as he or she deems practicable. He or she
shall, as far as practicable, attend such institutes and conferences, provide
proper instructors for the same, and in other ways seek to improve the
efficiency of teachers and advance the cause of education in the state.
(2) The Legislature finds that (a) an educator-effectiveness system
includes a quality evaluation system with the primary goal of improving
instruction and learning in every school district and (b) school districts have
an opportunity to receive training on the quality evaluation models.
(3) Beginning with the 2016-17 school year through the 2020-21 school
year, school districts may apply to the State Department of Education for grant
funding for a period of up to two years to implement an evaluation model for
effective educators and to obtain the necessary training for administrators and
teachers for such model.
Sec. 7. Section 79-528, Reissue Revised Statutes of Nebraska, is amended
to read:
79-528 (1)(a) On or before October 15 July 20 in all school districts, the
superintendent shall file with the State Department of Education a report
showing the number of children from five through eighteen years of age
belonging to the school district according to the census taken as provided in
sections 79-524 and 79-578.
(b) The board of any district neglecting to take and report the
enumeration shall be liable to the school district for all school money which
such district may lose by such neglect.
(2) On or before June 30 the superintendent of each school district shall
file with the Commissioner of Education a report described as an end-of-the-
school-year annual statistical summary showing (a) the number of children
attending school during the year under five years of age, (b) the length of
time the school has been taught during the year by a qualified teacher, (c) the
length of time taught by each substitute teacher, (d) information regarding
option enrollment applications as required under subdivision (3)(a) of section
79-239, and (e) (d) such other information as the Commissioner of Education
directs.
(3) On or before November 1 the superintendent of each school district
shall submit to the Commissioner of Education a report described as the annual
financial report showing (a) (i) the amount of money received from all sources
during the year and the amount of money expended by the school district during
the year, (b) (ii) the amount of bonded indebtedness, (c) (iii) such other
information as shall be necessary to fulfill the requirements of the Tax Equity
and Educational Opportunities Support Act and section 79-1114, and (d) (iv)
such other information as the Commissioner of Education directs.
(4)(a) On or before October 15 of each year, the superintendent of each
school district shall file with the commissioner the fall school district
membership report, which report shall include the number of children from birth
through twenty years of age enrolled in the district on October 1 of a given
school year. The report shall enumerate (i) students by grade level, (ii)
school district levies and total assessed valuation for the current fiscal
year, (iii) students enrolled in the district as option students, resident
students enrolled in another district as option students, students enrolled in
the district as open enrollment students, and resident students enrolled in
another district as open enrollment students, and (iv) such other information
as the Commissioner of Education directs.
(b) On or before October 15 of each year prior to 2017, each learning
community coordinating council shall issue to the department a report which
enumerates the learning community levies pursuant to subdivision (2)(b) of
section 77-3442 and total assessed valuation for the current fiscal year.
(b) (c) When any school district fails to submit its fall membership
report by November 1, the commissioner shall, after notice to the district and
an opportunity to be heard, direct that any state aid granted pursuant to the
Tax Equity and Educational Opportunities Support Act be withheld until such
time as the report is received by the department. In addition, the commissioner
shall direct the county treasurer to withhold all school money belonging to the
school district until such time as the commissioner notifies the county
treasurer of receipt of such report. The county treasurer shall withhold such
money.
Sec. 8. (1) For purposes of this section:
(a) Child abuse means an offense committed under section 28-707; and
(b) Sexual misconduct means any verbal, nonverbal, written, or electronic
communication, or any other act directed toward or with a student that is
designed to establish a sexual relationship with the student, including a
sexual invitation, dating or soliciting a date, engaging in sexual dialogue,
making sexually suggestive comments, self-disclosure or physical exposure of a
sexual or erotic nature, and any other sexual, indecent, or erotic contact with
a student. Sexual misconduct includes sexual abuse by a school worker pursuant
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to section 28-316.01 or violations of a policy adopted pursuant to section
79-879 relating to relationships with students.
(2) Beginning with the 2027-28 school year, no school board of a school
district or governing authority of an approved or accredited private,
denominational, or parochial school shall hire any person to serve in a
position which involves regular contact with students unless the school board
or governing authority, in addition to any other requirements:
(a) Requires the applicant to provide:
(i) A list, including name, address, telephone number, and other relevant
contact information for:
(A) The applicant's current employer at the time of the application, if
any;
(B) All former schools that such applicant was employed by within the
seven years preceding such application; and
(C) All former employers that the applicant was employed by within the
seven years preceding such application that involved direct contact with
children;
(ii) A written authorization for the release and disclosure of any records
related to the information requested under subdivisions (2)(a)(i) and (2)(b) of
this section by the applicant's employers listed under subdivision (2)(a)(i) of
this section to the school district or school. Such written authorization shall
also release employers from liability that may arise from the disclosure or
release of such records; and
(iii) A written statement as to whether the applicant:
(A) Has been the subject of a report of child abuse, unless the
investigation resulted in a finding that the allegations were false or the
alleged incident of child abuse or neglect was not substantiated;
(B) Has ever been disciplined, discharged, nonrenewed, asked to resign
from employment, or resigned from or otherwise separated from any employment
while allegations of child abuse or neglect or sexual misconduct were pending
or under investigation, or due to an adjudication or finding of child abuse or
neglect or sexual misconduct; or
(C) Has ever had a license, professional license, or certificate
suspended, surrendered, or revoked while allegations of child abuse or neglect
or sexual misconduct were pending or under investigation, or due to an
adjudication or finding of child abuse or neglect or sexual misconduct; and
(b) Conducts a review of the employment history of the applicant by
contacting the employers listed by the applicant under subdivision (2)(a) of
this section and requesting the following information:
(i) The dates of employment of the applicant; and
(ii) A statement as to whether, to the extent the employer has knowledge,
the applicant:
(A) Has been the subject of a report of child abuse, unless the
investigation resulted in a finding that the allegations were false or the
alleged incident of child abuse or neglect was not substantiated;
(B) Has ever been disciplined, discharged, nonrenewed, asked to resign
from employment, or resigned from or otherwise separated from any employment
while allegations of child abuse or neglect or sexual misconduct were pending
or under investigation, or due to an adjudication or finding of child abuse or
neglect or sexual misconduct; or
(C) Has ever had a license, professional license, or certificate
suspended, surrendered, or revoked while allegations of child abuse or neglect
or sexual misconduct were pending or under investigation, or due to an
adjudication or finding of child abuse or neglect or sexual misconduct.
(3) The review of an applicant's employment history and background
information as provided pursuant to this section may be conducted through
telephonic, electronic, or written communications. If the review is conducted
by telephone, the results of the review shall be documented in writing by the
prospective employer.
(4)(a) An applicant who willfully provides false information or willfully
fails to disclose information required in subdivision (2)(a) of this section
shall be subject to discipline up to, and including, (i) termination or denial
of employment, (ii) reporting to the state agency or other entity with
authority to revoke any relevant certificate or license, or (iii) being subject
to a civil penalty of not more than five hundred dollars. Any penalty collected
pursuant to this subsection shall be distributed pursuant to Article VII,
section 5, of the Constitution of Nebraska.
(b) The school board or the governing authority of an approved or
accredited private, denominational, or parochial school shall include a
notification of the penalties set forth in this section on all applications for
employment for positions which involve regular contact with students.
(c) The school board or the governing authority of an approved or
accredited private, denominational, or parochial school shall have the right to
immediately terminate an individual's employment or rescind an offer of
employment if:
(i) The applicant is offered employment or commences employment or
contracted services with the school following the effective date of this act;
(ii) Information regarding the applicant's history of child abuse or
sexual misconduct is subsequently discovered or obtained by the employer that
the employer determines disqualifies the applicant or employee from employment
with the school; and
(iii) The termination of employment pursuant to this subdivision (4)(c)
shall not be subject to any grievance or appeals procedures or tenure
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proceedings pursuant to any collective bargaining or negotiated agreement.
(5) After reviewing the information disclosed under subdivision (2)(a) of
this section and finding an affirmative response to any of the inquiries in
subdivision (2)(a)(iii) of this section, the school board or governing
authority, prior to determining to continue with the applicant's job
application process, shall make further inquiries of the applicant's current or
former employer to ascertain additional details regarding the matter disclosed.
(6) A school board or a governing authority of an approved or accredited
private, denominational, or parochial school may employ or contract with an
applicant on a provisional basis for a period not to exceed ninety days pending
review by the school board or the governing authority of information received
pursuant to subsection (2) of this section, provided that all of the following
conditions are satisfied:
(a) The applicant has complied with subsection (2) of this section;
(b) The school board or the governing authority has no knowledge or
information pertaining to the applicant that the applicant is required to
disclose pursuant to subdivision (2)(a)(iii) of this section; and
(c) The school board or the governing authority determines that special or
emergent circumstances exist that justify the temporary employment of the
applicant.
(7) Information received by a school board or a governing authority under
this section shall not be considered a public record subject to disclosure
pursuant to sections 84-712 to 84-712.09.
(8)(a) A school board or a governing authority that receives a request for
information or records regarding an applicant pursuant to and in accordance
with this section from another school board or board of education shall provide
such information and respond to such inquiries as soon as practicable.
(b) An employer that provides information or records about a current or
former employee or applicant shall be immune from criminal and civil liability
for the disclosure of the information, unless the information or any record
provided was knowingly false. The immunity shall be in addition to and not in
limitation of any other immunity provided by law.
(9)(a) On or after the effective date of this act, a school board or a
governing authority of an approved or accredited public, private,
denominational, or parochial school may not enter into an agreement, an
employment contract, an agreement for resignation or termination, a severance
agreement, or any other contract or agreement or take any action that:
(i) Has the effect of suppressing or destroying information relating to an
investigation related to a report of suspected child abuse or sexual misconduct
by a current or former employee;
(ii) Affects the ability of the school board or the governing authority to
report suspected child abuse or sexual misconduct to the appropriate
authorities; or
(iii) Requires the school board or the governing authority to expunge
information about allegations or findings of suspected child abuse or sexual
misconduct from any documents maintained by the school unless, after
investigation, the allegations are found to be false or the alleged incident of
child abuse or sexual misconduct has not been substantiated.
(b) Any provision of an employment contract or agreement for resignation
or termination or a severance agreement that is entered into, amended, or
renewed after the effective date of this act and that is contrary to this
section shall be void and unenforceable.
(10) The State Department of Education shall establish a public awareness
campaign to publicize the provisions of this section and to ensure applicants
and employers are aware of their respective rights and responsibilities under
this section. The department shall post on its website guidance documents and
any other informational materials that may assist applicants and employers in
the implementation of and compliance with this section.
Sec. 9. Section 79-816, Reissue Revised Statutes of Nebraska, is amended
to read:
79-816 (1) The State Department of Education shall create and administer
the Nebraska Teacher Apprenticeship Program. The purpose of the program is to
help recruit and increase the number of teachers throughout the state by
utilizing an apprenticeship model for training. The program shall provide for
an applicant who successfully completes the program to obtain a certificate or
permit issued by the Commissioner of Education. The department may work with
standard institutions of higher education as defined in section 79-807, the
Department of Labor, and other entities the State Department of Education deems
necessary to develop and implement the program.
(2) An individual may apply for participation in the program if the
individual (a) is an employee of a school approved or accredited by the State
Department of Education or (b) has a contract to begin working for a school
approved or accredited by the State Department of Education at the start of the
school year for which the individual is applying for participation in the
program.
(3) The department shall determine requirements for completion of the
program by an applicant. The requirements shall include, but need not be
limited to:
(a) The completion of a one-year apprenticeship in a classroom;
(b) A baccalaureate degree from a standard institution of higher
education; and
(c) Successful completion of a subject area examination as determined by
the Commissioner of Education and pedagogy examination created by the
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department as part of the program.
(4) The Commissioner of Education shall issue a certificate to teach as
set forth pursuant to the rules and regulations adopted and promulgated
pursuant to sections 79-806 to 79-815 to an applicant who successfully
completes the program.
(5) It is the intent of the Legislature to appropriate one million dollars
for fiscal year 2023-24 and each fiscal year thereafter from the Education
Future Fund to the State Department of Education for the program.
Sec. 10. Section 79-8,113, Reissue Revised Statutes of Nebraska, is
amended to read:
79-8,113 For purposes of the Nebraska Teacher Recruitment and Retention
Act:
(1) Department means the State Department of Education;
(2) Dual enrollment means a course taught to students for credit at both a
high school and a postsecondary institution;
(3) (2) Grant means a grant for teacher recruitment and retention payments
under the Nebraska Teacher Recruitment and Retention Act; and
(4) (3) Teacher means a person who holds a valid certificate to teach in
Nebraska issued by the Commissioner of Education and is employed in Nebraska
for the instruction of students in elementary or high school grades.
Sec. 11. Section 79-8,114, Reissue Revised Statutes of Nebraska, is
amended to read:
79-8,114 (1) A teacher may apply to the department for a grant. The
department shall not prioritize a grant based upon the school where the
applicant teaches.
(2) A teacher is eligible to apply for:
(a) A retention one grant of two thousand five hundred dollars if the
teacher has signed a contract to complete such teacher's second complete school
year of full-time employment as a teacher at a Nebraska school in school year
2023-24, 2024-25, 2025-26, or 2026-27;
(b) A retention two grant of two thousand five hundred dollars if the
teacher has signed a contract to complete such teacher's fourth complete school
year of full-time employment as a teacher at a Nebraska school in school year
2023-24, 2024-25, 2025-26, or 2026-27;
(c) A retention three grant of two thousand five hundred dollars if the
teacher has signed a contract to complete such teacher's sixth complete school
year of full-time employment as a teacher at a Nebraska school in school year
2023-24, 2024-25, 2025-26, or 2026-27; and
(d)(i) A high-need retention grant of five thousand dollars if on or after
June 2, 2023, a teacher:
(A) Obtains an endorsement in special education, mathematics, science, or
technology , or dual credit; and (B)(I) For an application submitted prior to
April 17, 2024, signs a contract to complete a school year of full-time
employment as a teacher at a Nebraska school in school year 2024-25, 2025-26,
or 2026-27; or (II) For an application submitted on or after April 17, 2024,
signs a contract to complete a school year of full-time employment as a teacher
to teach in such endorsement area at a Nebraska school in school year 2024-25,
2025-26, or 2026-27; or .
(B) Signs a contract to complete a school year of full-time employment as
a teacher at a Nebraska school in school year 2026-27 and teaches at least one
dual enrollment course during such school year.
(ii) A teacher shall only be eligible to receive one high-need retention
grant.
Sec. 12. Section 79-1035, Reissue Revised Statutes of Nebraska, is amended
to read:
79-1035 (1) (1)(a) The State Treasurer shall, on or before January 25 of
each year, make a complete exhibit of all money belonging to the permanent
school fund and the temporary school fund as returned to him or her from the
several counties, together with the amount derived from other sources, and
deliver such exhibit duly certified to the Commissioner of Education and the
chairperson of the Education Committee of the Legislature.
(b) Through 2021, the exhibit required in subdivision (1)(a) of this
section shall include a separate accounting, not to exceed an amount of ten
million dollars, of the income from solar and wind agreements on school lands.
The amount of income from solar and wind agreements on school lands shall be
used to fund the grants described in section 79-308. The Board of Educational
Lands and Funds shall provide the State Treasurer with the information
necessary to make the exhibit required by this subsection. Separate accounting
shall not be made for income from solar or wind agreements on school lands that
exceeds the sum of ten million dollars.
(2) On or before February 25 following receipt of the exhibit from the
State Treasurer pursuant to subsection (1) of this section, the Commissioner of
Education shall make the apportionment of the temporary school fund to each
school district as follows: From the whole amount, there shall be paid to those
districts in which there are school or saline lands, which lands are used for a
public purpose, an amount in lieu of tax money that would be raised if such
lands were taxable, to be fixed in the manner prescribed in section 79-1036;
and the remainder shall be apportioned to the districts according to the pro
rata enumeration of children who are five through eighteen years of age in each
district last returned from the school district. The calculation of
apportionment for each school fiscal year shall include any corrections to the
prior school fiscal year's apportionment.
(3) The Commissioner of Education shall certify the amount of the
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apportionment of the temporary school fund as provided in subsection (2) of
this section to the Director of Administrative Services. The Director of
Administrative Services shall issue payments to the various districts for the
respective amounts so certified by the Commissioner of Education.
(4) For purposes of this section, agreement means any lease, easement,
covenant, or other such contractual arrangement.
Sec. 13. Section 79-1054, Revised Statutes Supplement, 2025, is amended to
read:
79-1054 (1)(a) The State Board of Education shall establish an improvement
grant program in areas including, but not limited to, (i) teacher recruitment
and retention, (ii) improvement for schools and school districts, (iii)
improvement in student performance in the subject areas of reading and
mathematics, (iv) cybersecurity, and (v) (iv) other improvement areas
identified by the state board. Such grants shall be funded using lottery funds
under section 79-3501.
(b) On or before December 1 of each calendar year, the state board shall
electronically submit a report to the Clerk of the Legislature on all such
grant programs, including, but not limited to, the recipients of the programs
and evaluations of the effectiveness of each grant program. The state board may
adopt and promulgate rules and regulations to carry out this subsection.
(2)(a) This subsection applies beginning January 1, 2024.
(b) For purposes of this subsection, learning platform means a three-
dimensional, game-based learning platform for use by middle school and high
school students.
(c)(i) The State Board of Education shall establish a grant program to
procure or purchase an annual license for learning platforms for use in schools
to engage students in coursework and careers in science, technology,
engineering, and mathematics. Such grants shall be funded using lottery funds
pursuant to section 79-3501.
(ii) The State Board of Education shall establish standards that a
learning platform shall meet in the subject areas of chemistry, physical
science, and mathematics. The state board shall develop the criteria to
prioritize the grant applications.
(iii) A developer may apply to the Commissioner of Education in a manner
prescribed by the state board for a grant under this subsection for a learning
platform that:
(A) Is designed to teach information related to chemistry, physical
science, or mathematics;
(B) Aligns with the standards established by the state board relating to
chemistry, physical science, or mathematics;
(C) Connects such standards with real-world technologies and applications;
(D) Highlights science, technology, engineering, and mathematics career
pathways in Nebraska; and
(E) Meets any additional requirements set out by the State Board of
Education.
(iv) Any developer that receives a grant under this subsection shall
provide access to and use of its learning platform to all Nebraska school
districts.
(v) Any grant awarded pursuant to this subsection shall be awarded by July
1 of each year.
(d) On or before December 1 of each calendar year, the state board shall
electronically submit a report to the Clerk of the Legislature on the grant
program, including, but not limited to, the recipients of the program and
evaluations of the effectiveness of the grant program. The State Board of
Education may adopt and promulgate rules and regulations to carry out this
subsection.
(3) The State Department of Education Improvement Grant Fund is created.
The fund shall be administered by the State Department of Education and shall
consist of transfers pursuant to section 79-3501, repayments of grant funds,
and interest payments received in the course of administering this section. The
fund shall be used to carry out this section and for the centralized education
records system for students under the jurisdiction of a juvenile court and the
employment of registrars as provided under subsection (5) of section 79-303.01.
Transfers may be made from the fund to the Education Future Fund at the
direction of the Legislature. Any money in the State Department of Education
Improvement Grant Fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
Sec. 14. Section 79-1248, Reissue Revised Statutes of Nebraska, is amended
to read:
79-1248 The powers and duties of the Educational Service Unit Coordinating
Council include, but are not limited to:
(1) Providing public access to lists of qualified distance education
courses;
(2) Collecting and providing school schedules for participating
educational entities;
(3) Facilitation of scheduling for qualified distance education courses;
(4) Brokering of qualified distance education courses to be purchased by
educational entities;
(5) Assessment of distance education needs and evaluation of distance
education services;
(6) Compliance with technical standards as set forth by the Nebraska
Information Technology Commission and academic standards as set forth by the
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State Department of Education related to distance education;
(7) Establishment of a system for scheduling courses brokered by the
council and for choosing receiving educational entities when the demand for a
course exceeds the capacity as determined by either the technology available or
the course provider;
(8) Administration of learning management systems, either through the
staff of the council or by delegation to an appropriate educational entity,
with the funding for such systems provided by participating educational
entities; and
(9) Coordination with educational service units and postsecondary
educational institutions to provide assistance for instructional design for
both two-way interactive video distance education courses and the offering of
graduate credit courses in distance education; and .
(10) Facilitating coordination and collaboration with the State Board of
Education, the department, the office of Chief Information Officer, and
educational service units to support the implementation of the K-12 Education
Cybersecurity Act. The council shall serve in a nonregulatory capacity,
providing technical assistance, statewide alignment, and implementation support
to educational service units and schools as defined in section 27 of this act.
Sec. 15. Section 79-1601, Reissue Revised Statutes of Nebraska, is amended
to read:
79-1601 (1) Except as provided in subsections (2) through (6) of this
section, all private, denominational, and parochial schools in the State of
Nebraska and all teachers employed or giving instruction in such schools shall
be subject to and governed by the provisions of the general school laws of the
state so far as the same apply to grades, qualifications, and certification of
teachers and promotion of students. All private, denominational, and parochial
schools shall have adequate equipment and supplies, shall be graded the same,
and shall have courses of study for each grade conducted in such schools
substantially the same as those given in the public schools which the students
would attend in the absence of such private, denominational, or parochial
schools.
(2) All private, denominational, or parochial schools shall either comply
with the accreditation or approval requirements as prescribed pursuant to
section 79-318 or, for those schools which elect not to meet accreditation or
approval requirements, the requirements prescribed in subsections (2) through
(6) of this section. Standards and procedures for approval and accreditation
shall be based upon the program of studies, guidance services, the number and
preparation of teachers in relation to the curriculum and enrollment,
instructional materials and equipment, science facilities and equipment,
library facilities and materials, and health and safety factors in buildings
and grounds. Rules and regulations governing procedures for private,
denominational, and parochial schools which elect, pursuant to the procedures
prescribed in subsections (2) through (6) of this section, not to meet state
accreditation or approval requirements shall be based upon an assurance that
such schools offer a program of instruction leading to the acquisition of basic
skills in the language arts, mathematics, science, social studies, and health.
The assurance required pursuant to this subsection shall be satisfied by a
signed statement by the parent, legal guardian, or educational decisionmaker of
a student that the education provided complies with subsections (2) through (6)
of this section. Rules and regulations which govern procedures under this
section are limited to procedures for receiving information from a parent,
legal guardian, or educational decisionmaker of a student or a parent
representative when such individual files the election not to meet
accreditation or approval requirements under this section and procedures for
carrying out section 2 of this act.
(3) The provisions of subsections (3) through (6) of this section shall
apply to any private, denominational, or parochial school in the State of
Nebraska which elects not to meet state accreditation or approval requirements.
Except as provided in section 2 of this act, an An election pursuant to such
subsections shall be effective when a statement is received by the Commissioner
of Education signed by a parent, legal guardian, or educational decisionmaker
of each student attending such private, denominational, or parochial school,
stating that (a) either specifically (i) the requirements for approval and
accreditation required by law and the rules and regulations adopted and
promulgated by the State Board of Education violate sincerely held religious
beliefs of the parent, legal guardian, or educational decisionmaker or (ii) the
requirements for approval and accreditation required by law and the rules and
regulations adopted and promulgated by the State Board of Education interfere
with the decisions of the parent, legal guardian, or educational decisionmaker
in directing the student's education, (b) an authorized representative of such
parent, legal guardian, or educational decisionmaker will annually submit to
the Commissioner of Education an assurance that the requirements of
subdivisions (4)(a) through (c) of this section are and will continue to be
satisfied, (c) the school offers the courses of instruction required by
subsections (2), (3), and (4) of this section, and (d) the parent, legal
guardian, or educational decisionmaker is satisfied that individuals monitoring
instruction at such school are qualified to monitor instruction in the basic
skills as required by subsections (2), (3), and (4), and (5) of this section.
(4) Each such private, denominational, or parochial school shall (a) meet
minimum requirements relating to health, fire, and safety standards prescribed
by state law and the rules and regulations of the State Fire Marshal, (b)
report attendance pursuant to section 79-201, (c) maintain a sequential program
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of instruction designed to lead to basic skills in the language arts,
mathematics, science, social studies, and health, and (d) comply with the
immunization requirements in section 79-217 if the statement signed by the
parent, legal guardian, or educational decisionmaker indicates a nonreligious
reason pursuant to subdivision (3)(a)(ii) of this section for the student
attending a private, denominational, or parochial school which elects not to
meet state accreditation or approval requirements. The State Board of Education
shall establish procedures for receiving information and reports required by
subsections (3) through (6) of this section from authorized parent
representatives who may act as agents for the parent, legal guardian, or
educational decisionmaker of a student attending such schools.
(5)(a) (5) Individuals employed or utilized by schools which elect not to
meet state accreditation or approval requirements shall not be required to meet
the certification requirements prescribed in sections 79-801 to 79-815.
(b) Individuals monitoring or providing instruction at a school which
elects not to meet state accreditation or approval requirements shall not have
been convicted of any felony offense under sections 28-319 to 28-322.05 or
section 28-316.01, 28-323, 28-703, or 28-707.
(6) Any school which elects not to meet state accreditation or approval
requirements and does not meet the requirements of subsections (2) through (6)
of this section shall not be deemed a school, and the parent, legal guardian,
or educational decisionmaker of any students attending such school shall be
subject to prosecution pursuant to section 79-201 or any statutes relating to
habitual truancy.
(7) For purposes of this section, educational decisionmaker means a person
designated or ordered by a court to make educational decisions on behalf of a
child.
Sec. 16. Section 79-3407, Reissue Revised Statutes of Nebraska, is amended
to read:
79-3407 The department shall prepare documents to be submitted by school
districts to aid the department in calculating each school district's property
tax request authority and unused property tax request authority. Each school
district shall submit such documents to the department on or before October 15
September 30 of each year. If a school district fails to submit such documents
to the department or if the department determines from such documents that a
school district is not complying with the limits provided in the School
District Property Tax Limitation Act, the department shall notify the school
district of its determination. The Commissioner of Education shall then direct
that any state aid granted pursuant to the Tax Equity and Educational
Opportunities Support Act be withheld until such time as the school district
submits the required documents or complies with the School District Property
Tax Limitation Act. The state aid shall be held for six months. If the school
district complies within the six-month period, it shall receive the suspended
state aid. If the school district fails to comply within the six-month period,
the suspended state aid shall revert to the General Fund.
Sec. 17. Section 79-3501, Revised Statutes Supplement, 2025, is amended to
read:
79-3501 (1) For fiscal years through fiscal year 2023-24, the money
available to be used for education pursuant to subdivision (3)(b) of section
9-812 shall be transferred to the Nebraska Education Improvement Fund.
(2) For fiscal years 2024-25 through 2028-29, the money available to be
used for education pursuant to subdivision (3)(b) of section 9-812 shall be
transferred as follows:
(a) Eight percent to the Behavioral Training Cash Fund;
(b) Two percent to the College Pathway Program Cash Fund;
(c) Seven percent to the Community College Gap Assistance Program Fund;
(d) Ten percent to the State Department of Education Improvement Grant
Fund;
(e) Three percent to fund distance education incentives pursuant to
section 79-1337;
(f) One percent to the Door to College Scholarship Fund;
(g) Eight percent to the Excellence in Teaching Cash Fund;
(h) One and one-half percent to the Expanded Learning Opportunity Grant
Fund;
(i) One and one-half percent to the Mental Health Training Cash Fund; and
(j) Fifty-eight percent to the Nebraska Opportunity Grant Fund.
(3) For fiscal year 2029-30 and each fiscal year thereafter, the money
available to be used for education pursuant to subdivision (3)(b) of section
9-812 shall be transferred as the Legislature may direct.
(4)(a) The Nebraska Education Improvement Fund is created. The fund shall
consist of money transferred pursuant to subsection (1) of this section and any
other funds transferred by the Legislature. Transfers may be made from the fund
to the Education Future Fund at the direction of the Legislature. The Nebraska
Education Improvement Fund shall be allocated, after actual and necessary
administrative expenses, as provided in this subsection for fiscal years
2016-17 through 2023-24. A portion of each allocation for fiscal year 2023-24
may be retained by the agency to which the allocation is made or the agency
administering the fund to which the allocation is made for actual and necessary
expenses incurred by such agency for administration, evaluation, and technical
assistance related to the purposes of the allocation, except that no amount of
the allocation to the Nebraska Opportunity Grant Fund may be used for such
purposes.
(b) For fiscal years 2017-18 through 2023-24, an amount equal to ten
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percent of the revenue received by the Nebraska Education Improvement Fund in
the prior fiscal year shall be retained in the fund at all times plus any
interest earned during the current fiscal year. The balance of the fund on July
26, 2024, less three percent of the money received for the fourth quarter of
fiscal year 2023-24, shall be transferred to the Behavioral Training Cash Fund.
(c) For fiscal year 2023-24, the Nebraska Education Improvement Fund shall
be allocated as follows:
(i) One percent of the allocated funds to the Expanded Learning
Opportunity Grant Fund to carry out the Expanded Learning Opportunity Grant
Program Act;
(ii) Seventeen percent of the allocated funds to the State Department of
Education Improvement Grant Fund to be used for competitive innovation grants
and cybersecurity pursuant to section 79-1054;
(iii) Nine percent of the allocated funds to the Community College Gap
Assistance Program Fund to carry out the community college gap assistance
program;
(iv) Eight percent of the allocated funds to the Excellence in Teaching
Cash Fund to carry out the Excellence in Teaching Act;
(v) Sixty-two percent of the allocated funds to the Nebraska Opportunity
Grant Fund to carry out the Nebraska Opportunity Grant Act in conjunction with
appropriations from the General Fund; and
(vi) Three percent of the allocated funds to fund distance education
incentives pursuant to section 79-1337.
(d) For fiscal year 2029-30 and each fiscal year thereafter, the Nebraska
Education Improvement Fund shall be allocated as the Legislature may direct.
(e) Any money in the fund available for investment shall be invested by
the state investment officer pursuant to the Nebraska Capital Expansion Act and
the Nebraska State Funds Investment Act.
(5) A portion of each transfer pursuant to subdivisions (2)(c), (e), (f),
(g), (h), and (i) of this section may be retained by the agency administering
the fund to which such transfer is made for actual and necessary expenses
incurred by such agency for administration, evaluation, and technical
assistance related to the purposes of the transfer.
(6)(a) On or before September 20, 2022, and on or before each September 20
thereafter, (i) any department or agency receiving a transfer or acting as the
administrator for a fund receiving a transfer pursuant to subsection (2) or (4)
of this section, (ii) any recipient or subsequent recipient of money from any
such fund, and (iii) any service contractor responsible for managing any
portion of any such fund or any money disbursed from any such fund on behalf of
any entity shall prepare and submit an annual report to the Auditor of Public
Accounts in a manner prescribed by the auditor for the immediately preceding
July 1 through June 30 fiscal year detailing information regarding the use of
such fund or such money.
(b) The Auditor of Public Accounts shall annually compile a summary of the
annual reports received pursuant to subdivision (6)(a) of this section, any
audits related to transfers pursuant to subsection (2) or (4) of this section
conducted by the Auditor of Public Accounts, and any findings or
recommendations related to such transfers into a consolidated annual report and
shall submit such consolidated annual report electronically to the Legislature
on or before January 1, 2023, and on or before each January 1 thereafter.
(c) For purposes of this subsection, recipient, subsequent recipient, or
service contractor means a nonprofit entity that expends funds transferred
pursuant to subsection (2) or (4) of this section to carry out a state program
or function, but does not include an individual who is a direct beneficiary of
such a program or function.
(7) On or before December 31, 2027, the Education Committee of the
Legislature shall electronically submit recommendations to the Clerk of the
Legislature regarding how the money used for education from the State Lottery
Operation Trust Fund should be allocated to best advance the educational
priorities of the state for the five-year period beginning with fiscal year
2029-30.
Sec. 18. Section 79-3703, Reissue Revised Statutes of Nebraska, is amended
to read:
79-3703 (1) The State Department of Education shall develop and administer
the College Pathway Program to provide funds grants on or after July 1, 2024,
to eligible providers to provide services in accordance with subsection (2) of
this section to underrepresented and low-income students in high school and
postsecondary education.
(2) A provider is eligible for funding a grant pursuant to the College
Pathway Program Act if the provider offers, exclusively to underrepresented and
low-income students, educational services that provide materials, services, and
supports to help a student graduate from high school, apply for admission to a
postsecondary institution, and complete the requirements to receive an
associate degree or a baccalaureate degree. Such educational services may
include:
(a) Assistance and tutorials which help students in completing
applications for a college or university, including applying for aid through
the Free Application for Federal Student Aid or other scholarships;
(b) Assistance and materials which help students take the appropriate high
school classes in an area or field of study a student is interested in and any
classes necessary for a student to gain acceptance at a postsecondary
institution or complete the requirements and take the appropriate postsecondary
education classes to receive an associate degree or a baccalaureate degree; and
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(c) Any other services specified pursuant to rules and regulations adopted
and promulgated by the State Board of Education.
(3) Eligible providers may apply to the State Department of Education for
funding a grant in a manner prescribed by the Commissioner of Education.
Sec. 19. Section 79-3704, Reissue Revised Statutes of Nebraska, is amended
to read:
79-3704 (1) On or before December 1, 2024, and each December 1 thereafter,
the State Department of Education shall electronically submit a report to the
Clerk of the Legislature regarding the College Pathway Program Act, including,
but not limited to, the recipients of funding grants and evaluations of the
effectiveness of the grant program.
(2) The State Board of Education may adopt and promulgate rules and
regulations to carry out the College Pathway Program Act.
Sec. 20. Sections 20 to 25 of this act shall be known and may be cited as
the Prior Learning Act.
Sec. 21. For purposes of the Prior Learning Act:
(1) Commission means the Coordinating Commission for Postsecondary
Education;
(2) Cut score means the minimum score an individual is required to achieve
on a prior learning examination to receive postsecondary credit from a Nebraska
public postsecondary institution;
(3) Nebraska public postsecondary institution has the same meaning as in
section 85-2403; and
(4) Prior learning examination means a postsecondary level examination
approved by the commission pursuant to section 22 of this act to assess whether
a student, prior to taking a postsecondary course, has already obtained
knowledge and skills at a level substantially similar to what is expected from
a student who has successfully completed a postsecondary course on the same
subject.
Sec. 22. (1) On or before September 1, 2026, the commission shall , in
consultation with Nebraska public postsecondary institutions, approve a list of
prior learning examinations and the cut score for each such examination. The
list shall include commonly recognized prior learning examinations, including,
but not limited to:
(a) Prior learning examinations that are associated with participation in
high school courses specifically designed to prepare students for such
examinations;
(b) Prior learning examinations that are associated with participation in
high school courses using international curriculum frameworks;
(c) Prior learning examinations that are not associated with high school
courses endorsed by the provider of the prior learning examination; and
(d) Prior learning examinations that assess and certify foundational
workplace skills and are not associated with a specific high school course.
(2) The commission shall, in consultation with Nebraska public
postsecondary institutions, set cut scores in a manner consistent with national
practices and shall utilize recommendations for such cut scores contained in
any comprehensive guide maintained by a national organization recognized for
expertise on the topic of appropriate cut scores for prior learning
examinations in the context of awarding postsecondary academic credit.
(3) The commission shall, in consultation with Nebraska public
postsecondary institutions, update the list of prior learning examinations and
cut scores as necessary to provide options for students while maintaining the
academic integrity of such institutions.
(4) The commission shall post and maintain the list of prior learning
examinations and cut scores on the commission's website in a location
accessible to prospective postsecondary students and families.
Sec. 23. (1) On or before October 1, 2026, each Nebraska public
postsecondary institution shall develop and implement written policies and
procedures for awarding academic credit based on prior learning examinations.
The policies and procedures shall:
(a) Except as otherwise provided in this section, award academic credit to
students for each distinct prior learning examination for which the student met
or exceeded the cut score;
(b) Prioritize application of credit toward courses that meet general
education, major, or degree requirements over application of credit towards
courses that are elective for the student;
(c) Establish the process through which credits awarded under this section
shall be recorded on transcripts and transferred to other Nebraska public
postsecondary institutions; and
(d) Ensure that policies and procedures are publicly posted on the
institution's website in a location accessible to prospective students and
families.
(2) With approval from the commission, a Nebraska public postsecondary
institution may require a higher minimum score than the cut score approved by
the commission pursuant to section 22 of this act if the chief academic officer
of such institution determines, based on evidence of student performance or
course success rates, that a higher score is necessary for success in a
specific course or sequence.
(3) On or before October 15, 2026, each Nebraska public postsecondary
institution shall submit its policies and procedures adopted under this section
to the commission. The commission shall compile all such policies and
procedures and post a statewide summary on the commission's website, including
the justification for any higher minimum score requirements approved by the
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commission pursuant to subsection (2) of this section.
Sec. 24. (1) On or before December 31, 2028, and on or before December 31
of each even-numbered year thereafter, each Nebraska public postsecondary
institution shall submit data to the commission including:
(a) The number of students awarded academic credit based on prior learning
examinations during the two preceding academic years; and
(b) The total number of academic credits awarded based on prior learning
examinations during the two preceding academic years.
(2) The commission shall post the data reported pursuant to subsection (1)
of this section on the commission's website.
(3) On or before December 31, 2029, the commission shall analyze the prior
learning examination cut score policies and procedures of each Nebraska public
postsecondary institution and the research used by each Nebraska public
postsecondary institution in determining the level of credit and the number of
credits provided for each prior learning examination qualifying score and file
a report that includes findings and recommendations to the Education Committee
of the Legislature.
(4) Each Nebraska public postsecondary institution shall provide the
commission with the data necessary to conduct the analysis required pursuant to
subsection (3) of this section.
(5) Data shall be provided, analyzed, and posted pursuant to this section
in a manner that complies with the federal Family Educational Rights and
Privacy Act of 1974, as such act existed on January 1, 2026.
(6) The commission may request the assistance of the Nebraska Statewide
Workforce and Education Reporting System for analysis and reporting under this
section.
Sec. 25. The commission may adopt and promulgate rules and regulations as
necessary to carry out the Prior Learning Act.
Sec. 26. Sections 26 to 31 of this act shall be known and may be cited as
the K-12 Education Cybersecurity Act.
Sec. 27. For purposes of the K-12 Education Cybersecurity Act:
(1) Commission means the Nebraska Information Technology Commission;
(2) Consortium means a group of schools joined together for purposes of
receiving funding pursuant to the K-12 Education Cybersecurity Act for use in
purchasing and providing cybersecurity products and services for such schools
that is facilitated by an educational service unit;
(3) Coordinating council means the Educational Service Unit Coordinating
Council;
(4) Coordinating council director means the council director of the
Educational Service Unit Coordinating Council;
(5) Cybersecurity framework means a structured set of guidelines or
standards that are used by a governing board to identify, assess, and manage
such governing board's readiness for cybersecurity threats;
(6) Department means the State Department of Education;
(7) Governing board means the school board of a school district, the
governing board of a private, denominational, or parochial school, or the board
of directors of an educational service unit;
(8) Implementation coordinator means the individual assigned by the
coordinating council to assist educational service units in local
implementation of cybersecurity measures;
(9) Office means the office of Chief Information Officer; and
(10) School means a school district or an approved or accredited private,
denominational, or parochial school offering instruction in elementary or high
school grades.
Sec. 28. (1) The coordinating council shall serve as the statewide point
of contact for implementation of the K-12 Education Cybersecurity Act. The
coordinating council shall facilitate, support, and coordinate cybersecurity
initiatives across educational service units and schools, with an emphasis on
fostering partnerships, aligning statewide strategies, and encouraging the
leveraging of multiple funding sources to sustain such initiatives.
(2) The coordinating council shall assign an implementation coordinator to
support educational service units for the local implementation of the K-12
Education Cybersecurity Act. The coordinator shall: (a) Serve as a liaison
between the department, educational service units, the office, and other key
partners; (b) facilitate statewide alignment and collaboration on cybersecurity
priorities and activities, including partnerships with other governmental
entities, higher education institutions, and private sector organizations; (c)
support educational service units in interpreting readiness assessments and
translating results into action plans; (d) provide training and support for
cybersecurity tools, cybersecurity frameworks, and cybersecurity best practices
tailored to the kindergarten through twelfth grade education context; (e) help
organize statewide or regional training opportunities, technical assistance,
and knowledge-sharing events; (f) assist in monitoring progress toward
statewide cybersecurity goals in order to ensure transparency and
accountability; and (g) identify and promote opportunities to braid state,
federal, and private funds to maximize resources.
(3) Educational service units shall be responsible for direct
implementation of cybersecurity support and services for schools within their
service areas, including assisting schools with readiness assessments and tool
adoption.
Sec. 29. (1) The department shall, in coordination with the coordinating
council and subject to available funding, develop and administer a program to
provide funding for the purchase of cybersecurity products and services for use
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in schools and educational service units. The program shall be designed to:
(a) Address statewide and local cybersecurity priorities identified
through readiness assessments;
(b) Encourage cost-effective purchasing through shared procurement models,
public-private partnerships, and the leveraging of multiple funding streams;
and
(c) Support both immediate cybersecurity needs and long-term cybersecurity
capacity building.
(2) The program shall include:
(a) The process for application by and requirements for governing boards
to obtain funding pursuant to the K-12 Education Cybersecurity Act, including
deadlines for meeting the requirements to receive funding;
(b) The process of (i) application review and scoring by the Commissioner
of Education, coordinating council director, and office and (ii) approval by
the department. Scoring and review of applications shall include criteria that
prioritizes higher-need applications or proposals that demonstrate regional
collaboration;
(c) The creation of distribution methods and requirements for funding
disbursement, including (i) the calculation of funding for each school and
educational service unit pursuant to subdivision (3)(b)(i) of this section and
(ii) how a school or educational service unit may receive or access funding,
which may include via a consortium as provided in subdivision (2)(d) of this
section or otherwise, as established in rules and regulations adopted and
promulgated by the State Board of Education in consultation with the
coordinating council and the office;
(d) The creation of consortiums for access to funding under the act,
including, but not limited to, the eligibility requirements and process for a
governing board to join a consortium. The program created pursuant to this
section shall allow for the creation of as many consortiums as are necessary to
facilitate compliance with the act and to incentivize shared purchasing
agreements to maximize buying power;
(e) The requirement that governing boards complete an annual cybersecurity
readiness assessment as provided in section 30 of this act;
(f) The creation, in consultation with the office, of a list of approved
cybersecurity products and services in a tiered system that (i) aligns with
nationally recognized frameworks, (ii) includes cost-effective options for
small or rural schools, and (iii) may be updated annually to reflect the
emerging threats and technologies; and
(g) Braided funding approaches, allowing schools and educational service
units to combine state funding under the K-12 Education Cybersecurity Act with
federal grants, local resources, and private contributions, as long as such
funding is used in compliance with the approved product and service list.
(3)(a) A governing board shall be eligible for funding pursuant to the
K-12 Education Cybersecurity Act for use on approved cybersecurity products and
services in an amount calculated by the Commissioner of Education pursuant to
subdivision (b) of this subsection if such governing board (i) submits evidence
that such governing board has completed the annual cybersecurity readiness
assessment as provided in section 30 of this act, (ii) submits evidence that
such governing board has adopted a cybersecurity policy and cybersecurity
framework consistent with the model policy and framework developed by the
department pursuant to section 30 of this act, and (iii) provides any other
additional information required by the department to demonstrate alignment with
the goals of the act.
(b)(i) The Commissioner of Education, in coordination with the
coordinating council director, shall annually calculate the amount of funding
each governing board may receive or access pursuant to the rules and
regulations adopted and promulgated by the State Board of Education in
consultation with the coordinating council. Funding allocations may be adjusted
based on readiness assessment results, risk level, and demonstrated financial
need.
(ii) The department shall use funds from the State Department of Education
Improvement Grant Fund to carry out the K-12 Education Cybersecurity Act.
Sec. 30. (1)(a) The department shall, in consultation with the
coordinating council director and the office and subject to available funding,
develop a model cybersecurity policy and cybersecurity framework based on
nationally recognized best practices for kindergarten through twelfth grade
education cybersecurity. Such policy and framework shall (i) define tiered
levels of cybersecurity readiness, (ii) include criteria for determining risk
levels and priority needs, and (iii) support alignment with both state and
federal cybersecurity guidance.
(b) Each governing board shall adopt a policy consistent with the model
policy and framework developed pursuant to subdivision (a) of this subsection
in order to be eligible to receive funding pursuant to the K-12 Education
Cybersecurity Act.
(2) The department shall, in consultation with the coordinating council
director and the office and subject to available funding, purchase or develop a
standardized cybersecurity readiness assessment for use by schools and
educational service units. The assessment shall be used to (a) determine the
school's readiness tier placement in the cybersecurity framework, (b) provide
actionable recommendations for addressing identified vulnerabilities, (c)
inform funding priorities, and (d) allow aggregation of statewide data to guide
strategic planning and resource allocation.
(3) Each governing board shall annually complete the cybersecurity
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readiness assessment to be eligible for funding under the K-12 Education
Cybersecurity Act. Such assessment shall be provided at no cost to each school
and educational service unit, and results shall be used by the coordinating
council to measure progress over time and inform continuous improvement
efforts.
Sec. 31. The State Board of Education in consultation with the
coordinating council may adopt and promulgate rules and regulations to carry
out the K-12 Education Cybersecurity Act.
Sec. 32. Original sections 79-209, 79-239, 79-308, 79-528, 79-816,
79-8,113, 79-8,114, 79-1035, 79-1248, 79-1601, 79-3407, 79-3703, and 79-3704,
Reissue Revised Statutes of Nebraska, and sections 28-710, 79-2,136, 79-1054,
and 79-3501, Revised Statutes Supplement, 2025, are repealed.
Sec. 33. The following sections are outright repealed: Sections 79-309.01
and 79-718, Reissue Revised Statutes of Nebraska.
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