LB705 LB705
2023 2023
LEGISLATIVE BILL 705
Approved by the Governor June 1, 2023
Introduced by Murman, 38; Walz, 15; Fredrickson, 20; Vargas, 7.
A BILL FOR AN ACT relating to education; to amend sections 9-812, 9-836.01,
79-239, 79-244, 79-254, 79-256, 79-263, 79-265, 79-266, 79-267, 79-268,
79-269, 79-272, 79-276, 79-278, 79-282, 79-283, 79-287, 79-2,146, 79-809,
79-8,132, 79-8,135, 79-8,138, 79-8,139, 79-8,140, 79-2304, 81-145,
81-1118.02, 85-102, 85-328, 85-601, 85-602, 85-603, 85-604, 85-605,
85-1906, and 85-1907, Reissue Revised Statutes of Nebraska, sections
79-101, 79-238, 79-2,136, 79-2,144, 79-703, 79-729, 79-734, 79-760.01,
79-806, 79-807, 79-808, 79-8,133, 79-8,134, 79-8,137, 79-8,137.01,
79-8,137.02, 79-8,137.03, 79-8,137.04, 79-8,137.05, 79-8,143, 79-8,145,
79-1054, 79-1104.02, 79-1142, 79-11,160, 79-1337, 79-2110, 79-2308,
79-2506, 79-2510, 79-3106, 79-3304, 79-3305, 81-161.04, 81-1118, 84-304,
84-612, 85-502.01, 85-1412, 85-1920, and 85-2009, Revised Statutes Cumulative Supplement, 2022, and section 79-1021, Reissue Revised Statutes of Nebraska, as amended by section 22, Legislative Bill 818, One Hundred Eighth Legislature, First Session, 2023; to provide, change, and eliminate definitions; to change and transfer provisions relating to distribution of
lottery funds used for education; to adopt the Behavioral Intervention Training and Teacher Support Act, the College Pathway Program Act, the Door to College Scholarship Act, the Extraordinary Increase in Special Education Expenditures Act, and the Nebraska Teacher Recruitment and Retention Act; to create funds and change provisions relating to funds; to transfer and change provisions of the Excellence in Teaching Act; to establish a mental health training grant program and the Nebraska Teacher Apprenticeship Program; to change provisions relating to student enrollment; to provide and change powers and duties of the Coordinating Commission for Postsecondary Education and the State Board of Education;
to change provisions of the Alternative Certification for Quality Teachers Act and authorize the Commissioner of Education to issue alternative certificates to teach; to require behavioral and mental health training for certain school personnel and adoption of related policies; to change provisions of the Student Discipline Act and provisions relating to duties of the state school security director, high school graduation requirements, textbooks, academic content standards, and requirements for teacher certification; to provide for a grant program; to change provisions relating to distance education incentives, the Diploma of High School Equivalency Assistance Act, the School Safety and Security Reporting System Act, the Computer Science and Technology Education Act,
and state procurement and materiel requirements; to provide for a transfer from the Cash Reserve Fund; to rename the State College Facility Fee Fund and change provisions related thereto; to change provisions relating to
residency, student discipline, and termination of employment for certain public postsecondary institutions; to change provisions of the Nebraska Opportunity Grant Act; to provide for data sharing by certain agencies responsible for students under the jurisdiction of juvenile courts; to prohibit consideration of students' and applicants' criminal history and juvenile records by public colleges and universities as prescribed; to establish a grant program for security-related infrastructure projects; to require schools to allow certain youth organizations to provide information, services, and activities and eliminate a related penalty; to eliminate obsolete provisions; to repeal the Master Teacher Program Act;
to harmonize provisions; to provide a duty for the Revisor of Statutes; to provide operative dates; to provide for severability; to repeal the original sections; to outright repeal sections 50-425, 50-426, 50-427,
50-428, 79-2,103, 79-8,124, 79-8,125, 79-8,126, 79-8,127, 79-8,128,
79-8,129, 79-8,130, and 79-8,131, Reissue Revised Statutes of Nebraska;
and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. (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 Department of Education Innovative 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
-1-
LB705 LB705
2023 2023
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. The 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 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 Department of
Education Innovative Grant Fund to be used for competitive innovation grants 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. 2. Sections 2 to 5 of this act shall be known and may be cited as
the Behavioral Intervention Training and Teacher Support Act.
Sec. 3. (1)(a) Beginning in school year 2024-25, the Educational Service Unit Coordinating Council shall (i) ensure annual behavioral awareness training
-2-
LB705 LB705
2023 2023
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. 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, 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.
(3)(a) Behavioral awareness training and the teacher support system required pursuant to this section shall be funded from the Behavioral Training Cash Fund.
(b) Any funding received by a school district for behavioral awareness training under the Behavioral Intervention Training and Teacher Support Act shall be considered special grant funds under section 79-1003.
Sec. 4. (1) Each school district shall designate one or more school employees as a behavioral awareness point of contact for each school building or other division as determined by such school district. Each behavioral awareness point of contact shall be trained in behavioral awareness and shall have knowledge of community service providers and other resources that are available for the students and families in such school district.
(2) Each school district shall maintain or have access to a registry of
local mental health and counseling resources. The registry shall include resource services that can be accessed by families and individuals outside of
school. Each behavioral awareness point of contact shall coordinate access to
support services for students whenever possible. Except as provided in section
43-2101, if information for an external support service is provided to an individual student, school personnel shall notify a parent or guardian of such student in writing unless such recommendation involves law enforcement or child protective services. Each school district shall indicate each behavioral awareness point of contact for such school district on the website of the school district and in any school directory for the school that the behavioral awareness point of contact serves.
Sec. 5. The Behavioral Training Cash Fund is created. The fund shall be
administered by the State Department of Education, shall consist of money transferred pursuant to section 1 of this act and any money transferred by the Legislature, and shall be used for the purposes of coordinating training and administering the teacher support system in compliance with the Behavioral Intervention Training and Teacher Support Act. 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.
Sec. 6. (1) The State Department of Education shall establish a mental health training grant program. The department shall award mental health training grants from any money available in the Mental Health Training Cash Fund. A grantee shall be a school district or an educational service unit.
(2) Each applicant for a mental health training grant shall describe in
the application the training to be provided under the grant on:
(a) The skills, resources, and knowledge necessary to assist students in
crisis to connect with appropriate local mental health services;
(b) Mental health resources, including, but not limited to, the location of local community mental health centers; and
(c) Action plans and protocols for referral to such resources.
(3) Each application for a mental health training grant shall also include in the application a description of how the training to be provided under the grant will prepare recipients of such training to:
(a) Safely de-escalate crisis situations;
(b) Recognize the signs and symptoms of mental illness, including, but not limited to, schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders; and
(c) Timely refer a student to available mental health services in the early stages of the development of a mental disorder to avoid the need for subsequent behavioral health care and to enhance the effectiveness of mental
-3-
LB705 LB705
2023 2023
health services.
(4) The State Board of Education may adopt and promulgate rules and regulations to carry out this section, including, but not limited to,
application procedures, selection procedures, and annual reporting procedures.
(5) Grants received pursuant to this section shall be considered special grant funds under section 79-1003.
Sec. 7. The Mental Health Training Cash Fund is created. The fund shall be administered by the State Department of Education and shall consist of money transferred pursuant to section 1 of this act and any money transferred by the Legislature. The department shall use money in the fund for mental health training grants pursuant to section 6 of this act. 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.
Sec. 8. Sections 8 to 12 of this act shall be known and may be cited as
the College Pathway Program Act.
Sec. 9. For purposes of the College Pathway Program Act:
(1) Eligible provider means a provider who meets the requirements of
section 10 of this act;
(2) Low-income student means a student eligible for free or reduced-price lunches in high school or a student whose family's taxable income for the preceding year did not exceed one hundred fifty percent of the federal poverty level; and
(3) Underrepresented student means a student whose race is not proportionately represented at the institution at which the student is enrolled or applying for admission as the representation of such race in the population of Nebras