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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 673
Introduced by Murman, 38; Aguilar, 35; Brewer, 43; Clements, 2; Dorn, 30;
Erdman, 47; Flood, 19; Gragert, 40; Groene, 42; Halloran,
33; Hansen, B., 16; Lowe, 37; Sanders, 45; Slama, 1.
Read first time January 20, 2021
Committee: Education
1 A BILL FOR AN ACT relating to education; to amend sections 9-812, 79-258,
2 79-2,144, 79-1001, 79-1022, 79-1022.02, and 79-1031.01, Revised
3 Statutes Cumulative Supplement, 2020; to adopt the Education
4 Behavioral Awareness and Support Act; to change the distribution of
5 lottery funds; to add duties for the state school security director;
6 to change the Tax Equity and Educational Opportunities Support Act;
7 to distribute funds; to change the determination and certification
8 dates relating to the distribution of aid and duties of the
9 Appropriations Committee of the Legislature; to harmonize
10 provisions; to repeal the original sections; and to declare an
11 emergency.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 6 of this act shall be known and may be
2 cited as the Education Behavioral Awareness and Support Act.
3 Sec. 2. (1)(a) Prior to the end of school year 2023-24, each school
4 district shall ensure that administrators, teachers, paraprofessionals,
5 school nurses, and counselors receive behavioral awareness and
6 intervention training. Each school district may provide such training, or
7 similar training, to any other school employees at the discretion of the
8 school district. In addition, all school employees shall have a basic
9 awareness of the goals, strategies, and schoolwide plans included in such
10 training.
11 (b) Beginning in school year 2021-22, each school district shall
12 ensure that behavioral awareness and intervention training is offered
13 annually. Administrators, teachers, paraprofessionals, school nurses, and
14 counselors who have received such training from the school district in
15 which they are employed shall receive a behavioral awareness and
16 intervention training review at least once every three years.
17 (c) Any protections and defenses found in the Education Behavioral
18 Awareness and Support Act shall not be made contingent on whether or not
19 an employee of a school district has completed behavioral awareness and
20 intervention training.
21 (d) Behavioral awareness and intervention training shall include,
22 but not be limited to, evidence-based training on a continuum that
23 includes:
24 (i) Recognition of detrimental factors impacting student behavior,
25 including, but not limited to, signs of trauma;
26 (ii) Positive behavior support and proactive teaching strategies,
27 including, but not limited to, expectations and boundaries;
28 (iii) Verbal intervention and de-escalation techniques;
29 (iv) Clear guidelines on removing students from and returning
30 students to a class;
31 (v) Behavioral interventions and supports that will take place when
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1 a student has been removed from a class; and
2 (vi) Physical intervention for safety.
3 (e) In addition to the requirements contained in subdivision (1)(d)
4 of this section, behavioral awareness and intervention training shall be
5 consistent with the Education Behavioral Awareness and Support Act,
6 include an awareness of the protections for school personnel found in the
7 act, include an awareness of the requirement for written consent of a
8 parent or guardian pursuant to section 79-258, and include the
9 identification and role of each employee designated as the behavioral
10 awareness and intervention point of contact.
11 (2)(a) Each school district shall designate one or more school
12 employees as a behavioral awareness and intervention point of contact for
13 each school building or other division as determined by such school
14 district. Each behavioral awareness and intervention point of contact
15 shall be trained in behavioral awareness and intervention and shall have
16 knowledge of community service providers and other resources that are
17 available for the students and families in such school district.
18 (b) Each school district shall maintain or have access to an
19 existing registry of local mental health and counseling resources. The
20 registry shall include resource services that can be accessed by families
21 and individuals outside of school. Each behavioral awareness and
22 intervention point of contact shall coordinate access to support services
23 for students whenever possible. Except as provided in section 43-2101, if
24 information for an external support service is provided to an individual
25 student, school personnel shall notify a parent or guardian of such
26 student in writing unless law enforcement or child protective services is
27 involved. Each school district shall indicate each behavioral awareness
28 and intervention point of contact for such school district on the web
29 site of the school district and in any school directory for the school
30 that the behavioral awareness and intervention point of contact serves.
31 (3)(a) On or before September 1, 2021, and on or before September 1
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1 of each year thereafter, each school district shall submit a behavioral
2 awareness and intervention training report to the state school security
3 director. Such report shall include the school district behavioral
4 awareness and intervention training plan, summarize how such plan
5 fulfills the requirements of this section, and provide any other
6 information required by rules and regulations adopted and promulgated
7 pursuant to section 6 of this act.
8 (b) Behavioral awareness and intervention training required pursuant
9 to this section shall be funded from the Behavioral Training Cash Fund
10 pursuant to section 11 of this act. Any school district that fails to
11 file the behavioral awareness and intervention training report required
12 pursuant to subdivision (3)(a) of this section with the state school
13 security director or that is found to be in noncompliance with the
14 requirements of this section shall not receive behavioral awareness and
15 intervention training funding pursuant to section 11 of this act for such
16 school year.
17 (c) On or before October 31, 2021, and each October 31 thereafter,
18 the state school security director shall certify the compliance or
19 noncompliance with the requirements of this section of each school
20 district to the Commissioner of Education.
21 Sec. 3. The Behavioral Training Cash Fund is created. The fund
22 shall be administered by the State Department of Education and shall
23 consist of money received pursuant to section 9-812 and any money
24 appropriated by the Legislature. The department shall distribute money in
25 the fund pursuant to section 11 of this act to school districts for
26 behavioral awareness and intervention training required pursuant to
27 section 4 of this act. Any money in the fund available for investment
28 shall be invested by the state investment officer pursuant to the
29 Nebraska Capital Expansion Act and the Nebraska State Funds Investment
30 Act.
31 Sec. 4. (1) Teachers and other school personnel may use reasonable
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1 physical intervention to safely manage the behavior of a student to:
2 (a) Protect such student, another student, a teacher or other school
3 personnel, or another person from physical injury; or
4 (b) Secure property in the possession of such student if the
5 possession of such property by such student poses a threat of physical
6 injury to such student, another student, a teacher or other school
7 personnel, or another person.
8 (2) Any physical intervention by a teacher or other school personnel
9 pursuant to subdivision (1)(a) or (b) of this section shall not be used
10 for the purpose of inflicting bodily pain as a penalty for disapproved
11 behavior.
12 (3) Following the use of physical intervention pursuant to this
13 section, a teacher or other school personnel shall contact and notify the
14 affected parent or guardian of the use of physical intervention.
15 (4) No teacher or other school personnel shall be subject to
16 professional or administrative discipline and no teacher, other school
17 personnel, or school district shall be held criminally or civilly liable
18 for the use of physical intervention pursuant to subdivision (1)(a) or
19 (b) of this section if such physical intervention was reasonable. Nothing
20 in this section shall be construed to limit any defense that may be
21 available under any provision of law, including, but not limited to, any
22 defense relating to self-protection, the protection of others, or the
23 Political Subdivisions Tort Claims Act.
24 Sec. 5. (1) Each school district shall have a policy that describes
25 the process of removing a student from a class and returning a student to
26 a class. Such policy shall: (a) Describe how and when a student may be
27 removed from a class and returned to a class; (b) use a discipline
28 process that is proactive, instructive, and restorative; (c) require
29 appropriate communication between administrators, teachers or other
30 school personnel, students, and parents or guardians. Such policy shall
31 be made available to the public.
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1 (2) Unless prohibited by the federal Individuals with Disabilities
2 Education Act, 20 U.S.C. 1400 et seq., or a plan developed pursuant to
3 section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as such
4 acts existed on January 1, 2021, an administrator or administrator's
5 designee shall immediately remove a student from a class upon request by
6 a teacher or other school personnel if such teacher or other school
7 personnel has followed school policy in requesting the removal of such
8 student.
9 (3) When a student is removed from a class, the goal must be to
10 return the student to the class as soon as possible after appropriate
11 instructional or behavioral interventions or supports have been
12 implemented to increase the likelihood the student will be successful.
13 For a student with a pattern of disruptive behavior, the school shall
14 provide additional interventions or supports.
15 (4) No teacher or other school personnel shall be subject to
16 professional or administrative discipline and no teacher, other school
17 personnel, or school district shall be held criminally or civilly liable
18 for the removal of a student from a class pursuant to this section if
19 such teacher or other school personnel acted in a reasonable manner and
20 in accordance with school policy.
21 Sec. 6. The State Department of Education may adopt and promulgate
22 rules and regulations to carry out the Education Behavioral Awareness
23 Act.
24 Sec. 7. Section 9-812, Revised Statutes Cumulative Supplement, 2020,
25 is amended to read:
26 9-812 (1) All money received from the operation of lottery games
27 conducted pursuant to the State Lottery Act in Nebraska shall be credited
28 to the State Lottery Operation Trust Fund, which fund is hereby created.
29 All payments of the costs of establishing and maintaining the lottery
30 games shall be made from the State Lottery Operation Cash Fund. In
31 accordance with legislative appropriations, money for payments for
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1 expenses of the division shall be transferred from the State Lottery
2 Operation Trust Fund to the State Lottery Operation Cash Fund, which fund
3 is hereby created. All money necessary for the payment of lottery prizes
4 shall be transferred from the State Lottery Operation Trust Fund to the
5 State Lottery Prize Trust Fund, which fund is hereby created. The amount
6 used for the payment of lottery prizes shall not be less than forty
7 percent of the dollar amount of the lottery tickets which have been sold.
8 (2) A portion of the dollar amount of the lottery tickets which have
9 been sold on an annualized basis shall be transferred from the State
10 Lottery Operation Trust Fund to the Education Innovation Fund, the
11 Nebraska Opportunity Grant Fund, the Nebraska Education Improvement Fund,
12 the Nebraska Environmental Trust Fund, the Nebraska State Fair Board, and
13 the Compulsive Gamblers Assistance Fund as provided in subsection (3) of
14 this section. The dollar amount transferred pursuant to this subsection
15 shall equal the greater of (a) the dollar amount transferred to the funds
16 in fiscal year 2002-03 or (b) any amount which constitutes at least
17 twenty-two percent and no more than twenty-five percent of the dollar
18 amount of the lottery tickets which have been sold on an annualized
19 basis. To the extent that funds are available, the Tax Commissioner and
20 director may authorize a transfer exceeding twenty-five percent of the
21 dollar amount of the lottery tickets sold on an annualized basis.
22 (3) Of the money available to be transferred to the Education
23 Innovation Fund, the Nebraska Opportunity Grant Fund, the Nebraska
24 Education Improvement Fund, the Nebraska Environmental Trust Fund, the
25 Nebraska State Fair Board, and the Compulsive Gamblers Assistance Fund:
26 (a) The first five hundred thousand dollars shall be transferred to
27 the Compulsive Gamblers Assistance Fund to be used as provided in section
28 9-1006;
29 (b) Beginning July 1, 2016, forty-four and one-half percent of the
30 money remaining after the payment of prizes and operating expenses and
31 the initial transfer to the Compulsive Gamblers Assistance Fund shall be
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1 transferred to the Nebraska Education Improvement Fund;
2 (c) Forty-four and one-half percent of the money remaining after the
3 payment of prizes and operating expenses and the initial transfer to the
4 Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska
5 Environmental Trust Fund to be used as provided in the Nebraska
6 Environmental Trust Act;
7 (d) Ten percent of the money remaining after the payment of prizes
8 and operating expenses and the initial transfer to the Compulsive
9 Gamblers Assistance Fund shall be transferred to the Nebraska State Fair
10 Board if the most populous city within the county in which the fair is
11 located provides matching funds equivalent to ten percent of the funds
12 available for transfer. Such matching funds may be obtained from the city
13 and any other private or public entity, except that no portion of such
14 matching funds shall be provided by the state. If the Nebraska State Fair
15 ceases operations, ten percent of the money remaining after the payment
16 of prizes and operating expenses and the in