Bill Summary – FastDemocracy

LB1377                                                                                  LB1377
                                                                                    2024
                                  LEGISLATURE OF NEBRASKA
                            ONE HUNDRED EIGHTH LEGISLATURE
                                        SECOND SESSION
                        LEGISLATIVE BILL 1377
         Introduced by Walz, 15; at the request of the Governor.
         Read first time January 17, 2024
         Committee: Education
    A BILL FOR AN ACT relating to education; to amend sections 79-2,141 and
        79-2,145, Reissue Revised Statutes of Nebraska, sections 79-2704 and
        79-3105, Revised Statutes Cumulative Supplement, 2022, and sections
        79-262.01,   79-2,146,       79-3602,    and    79-3603,    Revised Statutes
        Supplement, 2023; to provide and change requirements relating to
         certain training as   prescribed;   to harmonize provisions;    and to
         repeal the original sections.
  Be it enacted by the people of the State of Nebraska,
                                              -1-
LB1377                                                                                           LB1377
                                                                                             2024
         Section 1. Section 79-262.01, Revised Statutes Supplement, 2023, is
     amended to read:
         79-262.01 (1) On or before July 1, 2025, the State Department of
 Education shall develop and adopt a model policy relating to behavioral
 intervention, behavioral management, classroom management, and removal of
 a student from a classroom in school. The model policy shall include
 appropriate training for school employees on behavioral intervention,
 behavioral management, classroom management, and removal of a student
 from a classroom in schools and how frequently such training shall be
 required. The length of such training shall be a reasonable amount as
 determined by each school board.
         (2) On or before August 1, 2025, each school district shall develop
 and adopt a policy consistent with or comparable to the model policy
 developed by the State Department of Education pursuant to subsection (1)
 of this section,     which shall be     a requirement for accreditation in
 accordance with section 79-703. Such policy shall be filed with the
 Commissioner of Education. The policy developed and adopted by a school
 district pursuant to     this subsection shall be   included with any
 notifications required under the Student Discipline Act.
         (3)(a) Beginning in school year 2026-27, each school district shall
 ensure that any school employee who has behavioral management
 responsibilities participates in behavioral awareness and intervention
 training consistent with the school district policy developed and adopted
 in accordance with subsection (2) of this section. Such training shall be
 provided by the school district or such school district's educational
 service unit. The length of such training shall be a reasonable amount as
 determined by the school board.
         (b) Each school district shall, either independently, or through the
 educational service unit of which such school district is a member,
 develop and provide behavioral awareness and intervention training to
 employees from such school who have behavioral management
                                                   -2-
LB1377                                                                                                       LB1377
                                                                                                         2024
    responsibilities. If such training is provided by the educational service
    unit, such training shall be available to any educational service unit
    employee and any member school district employee that works in a school
    and has behavioral management responsibilities. Such training shall be
     consistent with the model policy developed by the State Department of
  Education pursuant to subsection (1) of this section.
          (4) The State Board of Education may adopt and promulgate rules and
    regulations to carry out this section.
           Sec. 2. Section 79-2,141, Reissue Revised Statutes of Nebraska, is
  amended to read:
           79-2,141       (1)     On or    before March       1,   2010,    the department shall
 develop and adopt    a model dating violence policy to   assist school
    districts in developing policies for dating violence.
          (2) On or before July 1, 2010, each school district shall develop
     and adopt a specific policy to address incidents of dating violence
    involving students at       school,      which shall be     made    a part of    the
     requirements for accreditation in accordance with section 79-703. Such
    policy shall include      a statement that dating violence will not be
    tolerated.
           (3) To ensure notice of a school district's dating violence policy,
     the policy shall be published in any school district handbook, manual, or
     similar publication that sets forth the comprehensive rules, procedures,
     and standards of conduct for students at school.
          (4) Each school district shall provide dating violence training to
     staff deemed appropriate by    a school district's administration.          The
     dating violence training shall include, but not be limited to, basic
 awareness of dating violence, warning signs of dating violence, and the
    school district's dating violence policy. The dating violence training
    may be    provided by    any school district or     combination of    school
     districts, an educational service unit, or any combination of educational
 service units. The length of such training shall be a reasonable amount
                                                             -3-
LB1377                                                                                       LB1377
                                                                                         2024
    as determined by each school board.
        (5) Each school district shall inform the students' parents or legal
    guardians of the school district's dating violence policy. If requested,
    the school district shall provide the parents or legal guardians a copy
    of the school district's dating violence policy and relevant information.
         (6) This section does not prevent a victim of dating violence from
  seeking redress under any other available law, either civil or criminal,
  and does not create or alter any existing tort liability.
         Sec. 3. Section 79-2,145, Reissue Revised Statutes of Nebraska, is
     amended to read:
         79-2,145 The State Board of Education, based on the recommendations
  of the state school security director appointed pursuant to    section
     79-2,143, may adopt and promulgate rules and regulations establishing
  minimum school security standards on or before July 1, 2016. Any rules or
     regulations that create a training requirement shall ensure that such
  training requirement shall be reasonable in length.
         Sec.   4.    Section    79-2,146,     Revised Statutes Supplement,     2023,   is
     amended to read:
        79-2,146 (1) Beginning in school year 2023-24, all public school
    employees who interact with students and any other appropriate personnel,
    as determined by the school superintendent, shall receive at least one
     hour of behavioral and mental health training with a focus on suicide
     awareness and prevention training each year. The length of such training
     shall be a reasonable amount as determined by each school board. Such
  training may include,    but need not be    limited to,   topics such as
     identification of early warning signs and symptoms of behavioral and
  mental health issues in students, appropriate and effective responses for
  educators to student behavioral and mental health issues, trauma-informed
  care, and procedures for making students and parents and guardians aware
  of services and supports for behavioral and mental health issues. This
 training shall be provided within the framework of existing inservice
                                                 -4-
LB1377                                                                                 LB1377
                                                                                   2024
    training programs offered by the State Department of Education or as part
    of required professional development activities.
         (2) The department, in consultation with organizations including,
  but not limited to, the Nebraska State Suicide Prevention Coalition, the
     Nebraska chapter of the American Foundation for Suicide Prevention, the
  Behavioral Health Education Center of Nebraska, the National Alliance on
  Mental Illness Nebraska, and other organizations and professionals with
  expertise in behavioral and mental health and suicide prevention, shall
  develop a list of approved training materials to fulfill the requirements
  of subsection (1) of this section. Such materials shall include training
  on how to identify appropriate mental health services, both within the
 school and also within the larger community, and when and how to refer
    youth and their families to those services. Such materials may include
    programs that can be completed through self-review of suitable behavioral
    and mental health and suicide prevention materials.
        (3) The department may adopt and promulgate rules and regulations to
    carry out this section.
        Sec. 5. Section 79-2704, Revised Statutes Cumulative Supplement,
    2022, is amended to read:
        79-2704 Each memorandum of understanding required by section 79-2703
    shall govern the use of school resource officers or security guards and
    shall include, but not be limited to, policies that:
         (1) Require each school resource officer or security guard to attend
  a reasonable amount minimum of twenty hours of training, as determined by
 each law enforcement agency, focused on school-based law enforcement,
    including, but not limited to, coursework focused on school law, student
    rights,    understanding special needs students and students with
     disabilities,   conflict de-escalation techniques,    ethics for school
    resource officers,   teenage brain development,     adolescent behavior,
    implicit bias training, diversity and cultural awareness, trauma-informed
    responses, and preventing violence in school settings;
                                               -5-
LB1377                                                                                                  LB1377
                                                                                                    2024
         (2) Require a minimum of one administrator in each elementary or
  secondary school, where a school resource officer or security guard is
  assigned,       to attend   a reasonable amount minimum of     twenty hours of
    training, as determined by each school board, focused on school-based law
    enforcement, including, but not limited to, coursework focused on school
    law, student rights, understanding special needs students and students
    with disabilities, conflict de-escalation techniques, ethics for school
     resource officers and security guards,    teenage brain development,
 adolescent behavior,       implicit bias training,     diversity and cultural
     awareness, trauma-informed responses, and preventing violence in school
     settings;
         (3) Ensure records are kept on each student referral for prosecution
  from a school resource officer in response to an incident occurring at
  school, on school grounds, or at a school-sponsored event and ensure that
  such records allow for analysis of related data and delineate:
         (a) The reason for such referral; and
         (b)     Federally identified demographic characteristics of    such
  student;
         (4) Identify school policies that address when a parent or guardian
     will be notified or present, in a language that such parent or guardian
  understands, if a student is subjected to questioning or interrogation by
     a school official or by a school resource officer or security guard
  operating in conjunction with a school official;
         (5) Identify the school or law enforcement agency policies that
  address under what circumstances         a student will be    advised of
 constitutional rights prior to being questioned or interrogated by a
     school official or    by    a school resource officer or    security guard
  operating in conjunction with a school official;
         (6)     Identify the school policy required by    section      79-262     that
  addresses the type or category of student conduct or actions that will be
 referred to law enforcement for prosecution and the type of student
                                                     -6-
LB1377                                                                                          LB1377
                                                                                            2024
    conduct or actions that will be resolved as a disciplinary matter by a
    school official and not subject to referral to law enforcement; and
           (7) Identify a student and parent complaint process to express a
    concern or file a complaint about a school resource officer or security
     guard and the practices of such school resource officer or security guard
  with the law enforcement agency or security agency.
            Sec. 6. Section 79-3105, Revised Statutes Cumulative Supplement,
  2022, is amended to read:
            79-3105 The department shall provide training for the members of any
 threat assessment team serving    a public or   nonpublic school.       Such
    training shall provide the knowledge and skill to allow threat assessment
     teams to work collaboratively to conduct threat assessments, engage in
     crisis intervention,       increase awareness of    concerning behavior among
 school staff, students, and the public, and interrupt violence in the
    planning stage to thwart potential harm to persons and property. Such
    training shall be reasonable in length.
           Sec.   7.    Section   79-3602,     Revised Statutes Supplement,      2023,    is
    amended to read:
           79-3602 (1)(a) Beginning in school year 2024-25, the Educational
    Service Unit Coordinating Council shall (i) ensure annual behavioral
     awareness training is available statewide and (ii) develop, implement,
     and administer an ongoing statewide teacher support system.
           (b) Beginning in school year 2026-27, each school district shall
    ensure that each administrator, teacher, paraprofessional, school nurse,
    and counselor receives behavioral awareness training. The length of such
    training shall be a reasonable amount as determined by each school board.
     Each administrator,       teacher,     paraprofessional,        school nurse,    and
 counselor who has received such training shall receive    a behavioral
     awareness training review at least once every three years. Each school
     district may offer such training, or similar training, to any other
  school employees at the discretion of the school district. In addition,
                                                    -7-
LB1377                                                                                                     LB1377
                                                                                                       2024
    all school employees shall have       a basic awareness of    the goals,
    strategies, and schoolwide plans included in such training.
           (c) Behavioral awareness training shall include, but not be limited
    to, evidence-based training on a continuum that includes:
           (i) Recognition of detrimental factors impacting student behavior,
    including, but not limited to, signs of trauma;
            (ii) Positive behavior support and proactive teaching strategies,
  including, but not limited to, expectations and boundaries; and
            (iii) Verbal intervention and de-escalation techniques.
           (2)(a) On or before July 1, 2025, and on or before July 1 of each
    year thereafter, each school district shall submit a behavioral awareness
    training report to the Educational Service Unit Coordinating Council.
    Such report shall include the school district behavioral awareness
    training plan and summarize how such plan fulfills the requirements of
    this section.
            (b) On or before December 31, 2025, and each December 31 thereafter,
     the Educational Service Unit Coordinating Council shall submit a report
     electronically to the Education Committee of the Legislature summarizing
     the behavioral awareness training reports received by school districts,
    the various trainings provided across the state, the teacher support
     system,      and    a financial report of       funding received and expended in
     accordance with the Behavioral Intervention Training and Teacher Support
     Act.
 24