LB811 LB811
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 811
Introduced by Murman, 38; Albrecht, 17; Brewer, 43; Clements, 2;
Halloran, 33; Hardin, 48; Holdcroft, 36; Lippincott, 34;
Moser, 22.
Read first time January 18, 2023
Committee: Education
1 A BILL FOR AN ACT relating to education; to amend sections 9-812, 79-254,
2 79-259, and 79-2,146, Reissue Revised Statutes of Nebraska, and
3 sections 79-258, 79-2,144, and 79-1001, Revised Statutes Cumulative
4 Supplement, 2022; to change provisions relating to lottery funds
5 used for education; to change provisions relating to the Student
6 Discipline Act; to provide for use of physical contact or physical
7 restraint or removal from a class in response to student behavior;
8 to create a fund; to provide for behavioral awareness and
9 intervention training; to provide powers and duties to the state
10 school security director; to harmonize provisions; and to repeal the
11 original sections.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 9-812, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 9-812 (1) All money received from the operation of lottery games
4 conducted pursuant to the State Lottery Act in Nebraska shall be credited
5 to the State Lottery Operation Trust Fund, which fund is hereby created.
6 All payments of the costs of establishing and maintaining the lottery
7 games shall be made from the State Lottery Operation Cash Fund. In
8 accordance with legislative appropriations, money for payments for
9 expenses of the division shall be transferred from the State Lottery
10 Operation Trust Fund to the State Lottery Operation Cash Fund, which fund
11 is hereby created. All money necessary for the payment of lottery prizes
12 shall be transferred from the State Lottery Operation Trust Fund to the
13 State Lottery Prize Trust Fund, which fund is hereby created. The amount
14 used for the payment of lottery prizes shall not be less than forty
15 percent of the dollar amount of the lottery tickets which have been sold.
16 (2) A portion of the dollar amount of the lottery tickets which have
17 been sold on an annualized basis shall be transferred from the State
18 Lottery Operation Trust Fund to the Education Innovation Fund, the
19 Nebraska Opportunity Grant Fund, the Nebraska Education Improvement Fund,
20 the Nebraska Environmental Trust Fund, the Nebraska State Fair Board, and
21 the Compulsive Gamblers Assistance Fund as provided in subsection (3) of
22 this section. The dollar amount transferred pursuant to this subsection
23 shall equal the greater of (a) the dollar amount transferred to the funds
24 in fiscal year 2002-03 or (b) any amount which constitutes at least
25 twenty-two percent and no more than twenty-five percent of the dollar
26 amount of the lottery tickets which have been sold on an annualized
27 basis. To the extent that funds are available, the Tax Commissioner and
28 director may authorize a transfer exceeding twenty-five percent of the
29 dollar amount of the lottery tickets sold on an annualized basis.
30 (3) Of the money available to be transferred to the Education
31 Innovation Fund, the Nebraska Opportunity Grant Fund, the Nebraska
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1 Education Improvement Fund, the Nebraska Environmental Trust Fund, the
2 Nebraska State Fair Board, and the Compulsive Gamblers Assistance Fund:
3 (a) The first five hundred thousand dollars shall be transferred to
4 the Compulsive Gamblers Assistance Fund to be used as provided in section
5 9-1006;
6 (b) Beginning July 1, 2016, forty-four and one-half percent of the
7 money remaining after the payment of prizes and operating expenses and
8 the initial transfer to the Compulsive Gamblers Assistance Fund shall be
9 transferred to the Nebraska Education Improvement Fund;
10 (c) Forty-four and one-half percent of the money remaining after the
11 payment of prizes and operating expenses and the initial transfer to the
12 Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska
13 Environmental Trust Fund to be used as provided in the Nebraska
14 Environmental Trust Act;
15 (d) Ten percent of the money remaining after the payment of prizes
16 and operating expenses and the initial transfer to the Compulsive
17 Gamblers Assistance Fund shall be transferred to the Nebraska State Fair
18 Board if the most populous city within the county in which the fair is
19 located provides matching funds equivalent to ten percent of the funds
20 available for transfer. Such matching funds may be obtained from the city
21 and any other private or public entity, except that no portion of such
22 matching funds shall be provided by the state. If the Nebraska State Fair
23 ceases operations, ten percent of the money remaining after the payment
24 of prizes and operating expenses and the initial transfer to the
25 Compulsive Gamblers Assistance Fund shall be transferred to the General
26 Fund; and
27 (e) One percent of the money remaining after the payment of prizes
28 and operating expenses and the initial transfer to the Compulsive
29 Gamblers Assistance Fund shall be transferred to the Compulsive Gamblers
30 Assistance Fund to be used as provided in section 9-1006.
31 (4) The Nebraska Education Improvement Fund is created. The fund
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1 shall consist of money transferred pursuant to subsection (3) of this
2 section, money transferred pursuant to section 85-1920, and any other
3 funds appropriated by the Legislature. The fund shall be allocated, after
4 actual and necessary administrative expenses, as provided in this section
5 for fiscal years 2016-17 through 2023-24. A portion of each allocation
6 may be retained by the agency to which the allocation is made or the
7 agency administering the fund to which the allocation is made for actual
8 and necessary expenses incurred by such agency for administration,
9 evaluation, and technical assistance related to the purposes of the
10 allocation, except that no amount of the allocation to the Nebraska
11 Opportunity Grant Fund may be used for such purposes. On or before
12 December 31, 2022, the Education Committee of the Legislature shall
13 electronically submit recommendations to the Clerk of the Legislature
14 regarding how the fund should be allocated to best advance the
15 educational priorities of the state for the five-year period beginning
16 with fiscal year 2024-25. For fiscal year 2016-17, an amount equal to ten
17 percent of the revenue allocated to the Education Innovation Fund and to
18 the Nebraska Opportunity Grant Fund for fiscal year 2015-16 shall be
19 retained in the Nebraska Education Improvement Fund. For fiscal years
20 2017-18 through 2023-24, an amount equal to ten percent of the revenue
21 received by the Nebraska Education Improvement Fund in the prior fiscal
22 year shall be retained in the fund at all times plus any interest earned
23 during the current fiscal year. The balance of the fund on August 1,
24 2024, shall be transferred to the Behavioral Training Cash Fund. For
25 fiscal years 2016-17 through 2023-24, the remainder of the Nebraska
26 Education Improvement Fund fund shall be allocated as follows:
27 (a) One percent of the allocated funds to the Expanded Learning
28 Opportunity Grant Fund to carry out the Expanded Learning Opportunity
29 Grant Program Act;
30 (b) Seventeen percent of the allocated funds to the Department of
31 Education Innovative Grant Fund to be used for competitive innovation
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1 grants pursuant to section 79-1054;
2 (c) Nine percent of the allocated funds to the Community College Gap
3 Assistance Program Fund to carry out the community college gap assistance
4 program;
5 (d) Eight percent of the allocated funds to the Excellence in
6 Teaching Cash Fund to carry out the Excellence in Teaching Act;
7 (e) Sixty-two percent of the allocated funds to the Nebraska
8 Opportunity Grant Fund to carry out the Nebraska Opportunity Grant Act in
9 conjunction with appropriations from the General Fund; and
10 (f) Three percent of the allocated funds to fund distance education
11 incentives pursuant to section 79-1337.
12 (5)(a) On or before September 20, 2022, and on or before each
13 September 20 thereafter, (i) any department or agency receiving a
14 transfer or acting as the administrator for a fund receiving a transfer
15 pursuant to subsection (4) of this section, (ii) any recipient or
16 subsequent recipient of money from any such fund, and (iii) any service
17 contractor responsible for managing any portion of any such fund or any
18 money disbursed from any such fund on behalf of any entity shall prepare
19 and submit an annual report to the Auditor of Public Accounts in a manner
20 prescribed by the auditor for the immediately preceding July 1 through
21 June 30 fiscal year detailing information regarding the use of such fund
22 or such money.
23 (b) The Auditor of Public Accounts shall annually compile a summary
24 of the annual reports received pursuant to subdivision (5)(a) of this
25 section, any audits related to transfers pursuant to subsection (4) of
26 this section conducted by the Auditor of Public Accounts, and any
27 findings or recommendations related to such transfers into a consolidated
28 annual report and shall submit such consolidated annual report
29 electronically to the Legislature on or before January 1, 2023, and on or
30 before each January 1 thereafter.
31 (c) For purposes of this subsection, recipient, subsequent
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1 recipient, or service contractor means a nonprofit entity that expends
2 funds transferred pursuant to subsection (4) of this section to carry out
3 a state program or function, but does not include an individual who is a
4 direct beneficiary of such a program or function.
5 (6) Any money in the State Lottery Operation Trust Fund, the State
6 Lottery Operation Cash Fund, the State Lottery Prize Trust Fund, or the
7 Nebraska Education Improvement Fund available for investment shall be
8 invested by the state investment officer pursuant to the Nebraska Capital
9 Expansion Act and the Nebraska State Funds Investment Act.
10 (7) Unclaimed prize money on a winning lottery ticket shall be
11 retained for a period of time prescribed by rules and regulations. If no
12 claim is made within such period, the prize money shall be used at the
13 discretion of the Tax Commissioner for any of the purposes prescribed in
14 this section.
15 Sec. 2. Section 79-254, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 79-254 Sections 79-254 to 79-294 and sections 5 and 6 of this act
18 shall be known and may be cited as the Student Discipline Act.
19 Sec. 3. Section 79-258, Revised Statutes Cumulative Supplement,
20 2022, is amended to read:
21 79-258 Administrative and teaching personnel may take actions
22 regarding student behavior, other than those specifically provided in the
23 Student Discipline Act, which are reasonably necessary to aid the
24 student, further school purposes, or prevent interference with the
25 educational process. Such actions may include, but need not be limited
26 to, physical intervention, counseling of students, parent conferences,
27 referral to restorative justice practices or services, rearrangement of
28 schedules, requirements that a student remain in school after regular
29 hours to do additional work, restriction of extracurricular activity, or
30 requirements that a student receive counseling, psychological evaluation,
31 or psychiatric evaluation upon the written consent of a parent or
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1 guardian to such counseling or evaluation.
2 Sec. 4. Section 79-259, Reissue Revised Statutes of Nebraska, is
3 amended to read:
4 79-259 If a student is removed, suspended, expelled, or excluded
5 from school or from any educational function pursuant to the Student
6 Discipline Act, such absence from school shall not be deemed a violation
7 on the part of any person under any compulsory school attendance
8 statutes. Any suspension or expulsion under the act shall comply with the
9 requirements of the Special Education Act and the requirements of the
10 federal Individuals with Disabilities Education Act, 20 U.S.C. 1401 et
11 seq.
12 Sec. 5. (1) Teachers and other school personnel may use reasonable
13 physical intervention to safely manage the behavior of a student to:
14 (a) Protect such student, another student, a teacher or other school
15 personnel, or another person from physical injury; or
16 (b) Secure property in the possession of such student if the
17 possession of such property by such student poses a threat of physical
18 injury to such student, another student, a teacher or other school
19 personnel, or another person.
20 (2) Any physical intervention by a teacher or other school personnel
21 pursuant to subsection (1) of this section shall not be used for the
22 purpose of inflicting bodily pain as a penalty for disapproved behavior.
23 (3) Following the use of physical intervention pursuant to this
24 section, a teacher or other school personnel shall contact and notify the
25 parent or guardian of the use of physical intervention.
26 (4) No teacher or other school personnel shall be subject to
27 professional or administrative discipline for the use of physical
28 intervention pursuant to subsection (1) of this section if such physical
29 intervention was reasonable. Nothing in this section shall be construed
30 to limit any defense that may be available under any provision of law,
31 including, but not limited to, any defense relating to self-protection,
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1 the protection of others, or the Political Subdivision Tort Claims Act or
2 State Tort Claim Act.
3 Sec. 6. (1) Each school district shall have a policy that describes
4 the process of removing a student from a class and returning a student to
5 a class. Such policy shall: (a) Describe how and when a student may be
6 removed from a class and returned to a class; (b) use a discipline
7 process that is proactive, instructive, and restorative; (c) require
8 appropriate communication between administrators, teachers or other
9 school personnel, students, and parents or guardians. Such policy shall
10 be made available to the public.
11 (2) Unless prohibited by the federal Individuals with Disabilities
12 Education Act, 20 U.S.C. 1400 et seq., or a plan developed pursuant to
13 section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as such
14 acts existed on January 1, 2023, an administrator or administrator's
15 designee shall immediately remove a student fro