LB1284 LB1284
2024 2024
LEGISLATIVE BILL 1284
Approved by the Governor April 16, 2024
Introduced by Walz, 15; McKinney, 11; McDonnell, 5; Blood, 3; Vargas, 7;
Dungan, 26.
A BILL FOR AN ACT relating to education; to amend section 38-3113, Reissue Revised Statutes of Nebraska, sections 79-8,146, 79-8,147, 79-8,148,
79-8,149, 79-8,150, 79-8,151, 79-2607, 79-3301, and 85-3004, Revised Statutes Cumulative Supplement, 2022, and sections 79-8,114, 79-1021,
85-3103, 85-3105, and 85-3112, Revised Statutes Supplement, 2023; to define and redefine terms; to develop a pilot program to make menstrual products available to schools as prescribed; to create a Dyslexia Research Grant Program; to make changes to the Psychology Practice Act and the Nebraska Teacher Recruitment and Retention Act; to change provisions relating to the eligible uses of the Education Future Fund; to terminate loan repayment assistance and provide grants to teachers under the Teach in Nebraska Today Act; to provide powers and duties to the State Department of Education, the State Board of Education, and the Commissioner of Education; to provide for the creation and support of a professional learning system and regional coaches relating to instruction in reading; to require the State Department of Education to establish a statewide computer science and technology education expansion program under the Computer Science and Technology Education Act; to create the Computer Science and Technology Education Fund; to add an additional eligible program of study offered by the University of Nebraska under the Nebraska Career Scholarship Act; to change provisions relating to the Attracting Excellence to Teaching Program and eligible uses for the Excellence in Teaching Cash Fund; to state intent regarding appropriations; to harmonize provisions; to provide operative dates; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. (1) Beginning in school year 2025-26 and subject to available appropriations, the State Department of Education shall develop a pilot program to make menstrual products, including both pads and tampons, available to each school district. Priority shall be given to each school district:
(a) That classifies as a needs improvement school under the accountability system developed by the State Board of Education pursuant to section 79-760.06;
or
(b) In which forty percent of the students are poverty students as defined in section 79-1003.
(2) For school year 2025-26, a school district that receives free menstrual products pursuant to subsection (1) of this section shall ensure that free menstrual products, including both pads and tampons, are available in
school bathrooms.
(3) A school board or board of education may adopt a policy relating to
the requirements of this section.
(4) The State Department of Education shall submit a report electronically to the Clerk of the Legislature and the Education Committee of the Legislature relating to the pilot program for free menstrual products pursuant to this section on or before December 1, 2026.
(5) It is the intent of the Legislature to appropriate an amount not to
exceed two hundred fifty thousand dollars from the Education Future Fund for fiscal year 2025-26 to the State Department of Education to carry out this section.
(6) The State Board of Education may adopt and promulgate rules and regulations to carry out this section.
Sec. 2. (1) For purposes of this section:
(a) Department means the State Department of Education; and
(b) Eligible applicant means a privately owned business based in Nebraska that is in the process of researching artificial-intelligence-based writing assistance that can be used to assist individuals with dyslexia.
(2) The Dyslexia Research Grant Program is created and shall be
administered by the department.
(3)(a) An eligible applicant may apply to the department for a grant under the Dyslexia Research Grant Program. The department shall prescribe the application form that is to be completed when applying for a grant under the Dyslexia Research Grant Program. The grant shall be conditioned on compliance with this section.
(b) Except as provided in subdivision (c) of this subsection, the department may award a grant to any eligible applicant.
(c) The total amount of all grants awarded under the Dyslexia Research Grant Program shall not be more than five hundred thousand dollars. It is the intent of the Legislature that grants awarded pursuant to this section shall be
funded from the Education Future Fund.
(4) All grant money received under the Dyslexia Research Grant Program shall be used only for the purpose of researching the use of artificial-
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intelligence-based writing assistance by individuals with dyslexia. Such research shall be focused on using aggregate writing analytics to identify writing errors and patterns that can be used by teachers to develop a comprehensive literacy plan for students with dyslexia.
(5)(a) If any grant money received under the Dyslexia Research Grant Program is used in violation of subsection (4) of this section, the department shall notify the Attorney General of such violation.
(b) The Attorney General shall bring a civil action in any court of
competent jurisdiction to recoup any money spent in violation of subsection (4)
of this section. Any money collected in such civil action shall be remitted to
the State Treasurer for credit to the Education Future Fund.
(6) The State Board of Education may adopt and promulgate rules and regulations to carry out this section.
Sec. 3. Section 38-3113, Reissue Revised Statutes of Nebraska, is amended to read:
38-3113 Nothing in the Psychology Practice Act shall be construed to
prevent:
(1) The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultation to organizations or
institutions if such teaching, research, or service does not involve the delivery or supervision of direct psychological services to individuals or
groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services, without regard to the source or extent of payment for services rendered. Nothing in the act shall prevent the provision of expert testimony by psychologists who are otherwise exempted by
the act. Persons holding a doctoral degree in psychology from an institution of
higher education may use the title psychologist in conjunction with the activities permitted by this subdivision;
(2) Members of other recognized professions that are licensed, certified,
or regulated under the laws of this state from rendering services consistent with their professional training and code of ethics and within the scope of
practice as set out in the statutes regulating their professional practice if
they do not represent themselves to be psychologists;
(3) Duly recognized members of the clergy from functioning in their ministerial capacity if they do not represent themselves to be psychologists or
their services as psychological;
(4) Persons who are certified as school psychologists by the State Board of Education from using the title school psychologist and practicing psychology as defined in the Psychology Practice Act if (a) such practice is restricted to
regular employment within a setting under the jurisdiction of the State Board of Education. Such individuals shall be employees of the educational setting and not independent contractors providing psychological services to educational settings, ; or (b) employed through a service agency with special education programs and rates approved by the State Department of Education; or
(5) Any of the following persons from engaging in activities defined as
the practice of psychology if they do not represent themselves by the title psychologist, if they do not use terms other than psychological trainee,
psychological intern, psychological resident, or psychological assistant to
refer to themselves, and if they perform their activities under the supervision and responsibility of a psychologist in accordance with the rules and regulations adopted and promulgated under the Psychology Practice Act:
(a) A matriculated graduate student in psychology whose activities constitute a part of the course of study for a graduate degree in psychology at
an institution of higher education;
(b) An individual pursuing postdoctoral training or experience in
psychology, including persons seeking to fulfill the requirements for licensure under the act; or
(c) An individual with a master's degree in clinical, counseling, or educational psychology or an educational specialist degree in school psychology who administers and scores and may develop interpretations of psychological testing under the supervision of a psychologist. Such individuals shall be
deemed to be conducting their duties as an extension of the legal and professional authority of the supervising psychologist and shall not independently provide interpretive information or treatment recommendations to
clients or other health care professionals prior to obtaining appropriate supervision. The department, with the recommendation of the board, may adopt and promulgate rules and regulations governing the conduct and supervision of
persons referred to in this subdivision, including the number of such persons that may be supervised by a licensed psychologist. Persons who have carried out the duties described in this subdivision as part of their employment in
institutions accredited by the Department of Health and Human Services, the State Department of Education, or the Department of Correctional Services for a period of two years prior to September 1, 1994, may use the title psychologist associate in the context of their employment in such settings. Use of the title shall be restricted to duties described in this subdivision, and the title shall be used in its entirety. Partial or abbreviated use of the title and use of the title beyond what is specifically authorized in this subdivision shall constitute the unlicensed practice of psychology.
Sec. 4. Section 79-8,114, Revised Statutes Supplement, 2023, 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.
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(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,
technology, or dual credit; and
(B)(I) For an application submitted prior to the operative date of this section, signs (B) 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 the operative date of this section, 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.
(ii) A teacher shall only be eligible to receive one high-need retention grant.
Sec. 5. Section 79-8,146, Revised Statutes Cumulative Supplement, 2022, is amended to read:
79-8,146 Sections 79-8,146 to 79-8,153 and section 9 of this act shall be
known and may be cited as the Teach in Nebraska Today Act.
Sec. 6. Section 79-8,147, Revised Statutes Cumulative Supplement, 2022, is amended to read:
79-8,147 For purposes of the Teach in Nebraska Today Act:
(1) Default has the same meaning as in 20 U.S.C. 1085, as such section existed on January 1, 2022;
(2) Department means the State Department of Education;
(3) Grant means a grant for beginning or continuing service as a classroom teacher under the Teach in Nebraska Today Act;
(4) (3) Program means the Teach in Nebraska Today Program created in
section 79-8,148; and
(5) (4) Teaching full-time means (a) teaching an average of at least four hours per contract day performing instructional duties as a full-time employee of an approved or accredited public, private, denominational, or parochial school in this state or (b) teaching an average of at least four hours per contract day performing dual-credit instructional duties for students of
approved or accredited public, private, denominational, or parochial schools in
this state while employed full-time at an accredited public or private nonprofit college or university in this state.
Sec. 7. Section 79-8,148, Revised Statutes Cumulative Supplement, 2022, is amended to read:
79-8,148 The Teach in Nebraska Today Program is created. The department shall administer the program. The purpose of the program is to attract individuals to the teaching profession who have expressed an interest in
teaching and to support the employment of those individuals as classroom teachers by providing student loan repayment assistance or grants for service as a classroom teacher in this state.
Sec. 8. Section 79-8,149, Revised Statutes Cumulative Supplement, 2022, is amended to read:
79-8,149 (1) Prior to the operative date of this section, student Student loan repayment assistance under the program shall be available to an individual who applies for the assistance and who:
(a) Is a resident of the State of Nebraska; and
(b) Is teaching full-time or has a contract to teach full-time at the time of application for the program.
(2) The amount of repayment assistance awarded to an eligible applicant pursuant to this section shall be limited to five thousand dollars per year. An eligible applicant may be awarded repayment assistance for applications approved prior to the operative date of this section for up to five years. The five years of awards are not required to be consecutive but shall not extend beyond eight years in total.
(3) If the funds available for repayment assistance in any year are insufficient to provide assistance to all eligible applicants described in
subsection (1) of this section, the department shall establish priorities for awarding repayment assistance with renewal applications given priority over initial applications. For initial applications, priority shall be given to
applicants who demonstrate financial need.
(4) An eligible applicant may receive repayment assistance under the program for the repayment of a student loan received through any lender which was incurred in the applicant's own name for his or her own educational expenses at any accredited public or private nonprofit college or university in
this state or any other state. If the loan is not a state or federal guaranteed student loan, the note or other writing governing the terms of the loan must
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require the loan proceeds to be used for expenses incurred by the applicant to
attend an accredited public or private nonprofit college or university in this state or any other state.
(5) No additional applications for repayment assistance shall be approved after the operative date of this section.
Sec. 9. (1) Beginning on the operative date of this section, a grant under the program shall be available to an individual who applies for the grant and who:
(a) Is a resident of the State of Nebraska;
(b) Is teaching full-time or has a contract to teach full-time at the time of the application for the program;
(c) Has taught in Nebraska five years or less at the time of the application or renewal; and
(d) Has an individual income that is less than fifty-five thousand dollars per year.
(2) The amount of a grant awarded to an eligible applicant pursuant to
this section shall be limited to five thousand dollars per year. An eligible applicant may be awarded a grant for up to five years.
(3) If the funds available for grants in any year are insufficient to
provide grants to all eligible applicants described in subsection (1) of this section, the department shall establish priorities to award grants with renewal applications given priority over initial applications. For initial applications, priority shall be given to applicants who demonstrate financial need.
Sec. 10. Section 79-8,150, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
79-8,150 (1) Applications for student loan repayment assistance must be
submitted no later than June 10, 2023, and no later than June 10 of each year thereafter, on a form developed by the department. The department shall determine whether to approve or deny each application and shall notify each applicant of such determination no later than September 10, 2023, and no later than September 10 of each year thereafter. Repayment assistance awarded under the program shall be paid, in whole or in part as provided in section 79-8,151,
no later than November 10, 2023, and no later than November 10 of each year thereafter for an application approved prior to the operative date of this section. No new applications for loan repayment assistance shall be approved after the operative date of this section.
(2) Applications for a grant must be submitted no later than July 10,
2024, and no later than July 10 of each year thereafter, on a form and in a manner prescr