By Unicameral Update
LINCOLN, Neb - An omnibus education proposal cleared the first round of debate May 27 after senators amended it to remove several elements of the package. The proposal was further amended on select file May 29 before advancing to final reading.
LB306 was introduced by the Education Committee as a cleanup measure that would make several updates to laws related to postsecondary education in Nebraska.
The bill would allow the Board of Trustees of the Nebraska State Colleges to enter into long-term leases, lease-purchase agreements or financing contracts with a third party to finance or refinance student housing or student activity facilities.
Additionally, LB306 would raise the base amount for capital construction projects to $5 million, which includes new buildings, renovations and acquisitions funded by tax dollars, provided that the minimum capital expenditure is met.
The base amount for capital expenditures related to operations and maintenance would be $200,000 within 10 years after substantial completion or acquisition. No tax funds could be used for increases beyond such amounts for facilities not classified as capital construction projects.
The measure also would grant the Coordinating Commission for Postsecondary Education the authority to act as the primary body responsible for overseeing the transition of data collection, grants, programs and related responsibilities from the U.S. Department of Education to the governing boards and administrators of Nebraska’s postsecondary institutions, or to the commission itself.
Additionally, LB306 would require the Board of Trustees of the Nebraska State Colleges to accept Classic Learning Test, or CLT, results in determining eligibility for the Nebraska Career Scholarship. This change would provide an alternative to the ACT currently used to determine eligibility.
The measure also would clarify that individuals who have obtained a GED or a high school diploma equivalent are eligible for the Door to College Scholarship, which provides financial assistance for undergraduate students in Nebraska who graduated from a Youth Rehabilitation and Treatment Center high school or an approved public, private or parochial high school after being discharged.
Sen. Dave Murman of Glenvil, chairperson of the committee, said the proposed change would enable former YRTC students — who may have been out of school for long periods or attended multiple high schools and consequently earned a GED instead of a diploma — to apply for a scholarship.
“If [students] showed initiative to get their GED, they ought to have the same opportunity for the scholarship,” he said.
Committee amendment
An Education Committee amendment was offered during general file debate May 21 to replace the bill and add provisions of several other proposals.
Under the amended provisions of LB378, introduced by Omaha Sen. Bob Andersen, both public and private postsecondary institutions would be required to report biannually on any funding received from foreign adversarial entities, including contracts, gifts and grants. Tuition payments for students would be excluded.
Postsecondary institutions also would be required to submit such reports to the Postsecondary Coordinating Commission, which would make the reports publicly available on its website.
Also included are provisions of LB408, introduced by Lincoln Sen. George Dugan. The proposal would establish the Special Education Teacher Forgivable Loan Program Act, which seeks to assist individuals pursuing degrees in special education by offering forgivable loans to those who commit to teaching in Nebraska after obtaining their certification as a teacher with a special education endorsement.
The committee amendment also includes amended provisions of Omaha Sen. Asheli Spivey’s LB440, which would adopt the Education Leave and Support Act and provide teachers facing family or medical challenges with three weeks of paid family and medical leave. Under the measure, a payroll fee of 0.35% would be applied to the taxable wages of certificated teachers in Nebraska beginning Jan. 1, 2026.
School districts would match the contribution before remitting the fee quarterly to the state treasurer, who would direct the funds to a newly created State Education Leave Fund. The new fund would be administered by the state Department of Education and used solely to reimburse school districts for substitute teacher costs for the first six weeks of a covered employee’s family and medical leave.
Spivey said her proposal would allow teachers to take FMLA leave without having to exhaust their sick leave or paid time off and, as a result, could prevent some teachers from having to leave the profession.
“You cannot plan for a significant life event, and this bill will allow for teachers to take care of their health and also be able to maintain employment [so] they don’t have to choose,” she said.
Also included are amended provisions of Central City Sen. Loren Lippincott’s LB550, which would permit school districts to implement a policy allowing students to attend off-site released time religious instruction — or RTRI — for at least one non-core curriculum class period per week.
Under the proposal, parents, guardians or educational decisionmakers must provide written consent for a student to participate in RTRI. All RTRI would be required to occur off school property and school districts could not expend funds toward RTRI, except from minimal administrative costs.
Finally, the amendment includes provisions of LB682, introduced by the Education Committee, which would restrict school superintendents from receiving income from other education-related employment, such as work with education foundations or consulting. The bill also would require superintendents to file an annual financial interest statement with the Nebraska Accountability and Disclosure Commission.
During general file debate May 21, Omaha Sen. Megan Hunt filed an amendment to remove the provisions of LB550 from the committee amendment. RTRI organizations often use incentives like t-shirts and snacks to draw students to the program, she said, which could ostracize students who don’t participate in RTRI.
“Parents can send their kids to whatever religious instruction they want to, but part of a public education in Nebraska does not include 120 minutes for church,” Hunt said. “It includes reading, writing, arithmetic and bringing them up for a successful future.”
Omaha Sen. John Fredrickson supported Hunt’s amendment, saying the measure likely would require teachers to repeat lessons to accommodate students who missed class to attend RTRI.
Sen. Tom Brandt of Plymouth also supported the amendment. He said allowing kids to leave school for RTRI could “cheapen” the value of the classes they miss to do so.
Senators voted 25-9 to adopt Hunt’s amendment and remove the LB550 provisions from the committee amendment.
Sen. Bob Hallstrom of Syracuse also brought an amendment, adopted 27-5, to remove from the committee amendment provisions that would allow CLT scores to determine scholarship eligibility. He said that unlike the ACT, the CLT is administered online and lacks the same level of security as in-person, proctored exams.
Hastings Sen. Dan Lonowski offered an amendment to remove provisions of Spivey’s LB440 from the committee amendment, saying the measure could result in an unfunded mandate to schools. The Lonowski amendment failed 22-16.
Senators then rejected the committee amendment on a 22-23 vote. Twenty-five votes were needed. A motion offered by Dungan to reconsider that vote also failed 19-2.
Following the failure to adopt the committee amendment, LB306 was passed over on the agenda at Murman’s request.
Other amendments
When general file debate resumed May 27, Hallstrom again filed an amendment to remove the CLT provisions from LB306. Senators rejected the attempt on an 18-12 vote.
Andersen then offered an amendment to attach the provisions of his LB378, which had been included in the committee amendment. He said the provisions would provide increased transparency.
“What [LB378] does is reaffirm our responsibility to taxpayers, students and our state and national interests to ensure foreign adversarial influence is not quietly shaping our academic landscape,” Andersen said.
Lincoln Sen. Danielle Conrad opposed Andersen’s amendment, calling the measure “redundant” due to existing federal law that already requires disclosure of foreign funding sources in higher education.
Senators voted 27-4 to adopt Andersen’s amendment before voting 27-0 to adopt an amendment brought by Norfolk Sen. Robert Dover to add provisions of his LB625.
As amended, the measure would require the Department of Administrative Services to create and maintain a public website outlining financial information about Nebraska school districts, including details on revenue sources and expenditures.
Murman then offered a technical amendment to the bill, adopted 25-0, before introducing an amendment containing provisions of his LB497.
Under that measure, students enrolled in a private, denominational, parochial or nonaccredited school could participate in extracurricular activities in the district closest to where the student’s parent resides that offers the activity that the home district does not. The measure also would clarify that a part-time student wishing to participate in extracurricular activities must be enrolled in at least five credit hours but is not limited to five credit hours.
Senators adopted the Murman amendment 26-0. They rejected another Murman amendment on a 12-14 vote that would have added provisions of LB682, introduced by the committee and originally included in the committee amendment.
Senators then voted 28-3 to advance LB306 to select file.
Select file
During select file debate May 29, lawmakers discussed two amendments aimed at benefiting teachers and again considered an amendment to eliminate the CLT provisions from LB306.
Spivey offered an amendment to add revised provisions of her LB440 and Lincoln Sen. George Dungan’s LB408, both of which were included in the committee amendment that was rejected during the first round of debate.
Under Spivey’s amendment, school districts would be required to contribute 0.35% of the taxable wages paid to covered employees to the state treasurer quarterly, beginning Jan. 1, 2026.
Spivey said the proposal no longer would require teachers to match the district’s 0.35% contribution and instead would provide only two weeks’ worth of substitute teacher costs, rather than the initially proposed six weeks.
Elmwood Sen. Robert Clements opposed the amendment, saying such matters should be negotiated between schools and teachers, not decided by the Legislature.
Also opposing the amendment was North Platte Sen. Mike Jacobson. He said the proposal would create a new “unfunded mandate” for school districts and, as a result, could raise property taxes.
Conrad supported the amendment, saying it would provide benefits similar to those offered to other public sector workers, such as law enforcement, during a time when the state is facing a teacher shortage.
“This isn’t just some sort of special benefit just for teachers,” Conrad said. “It’s part of modernizing an approach to ensure that we meet employees’ needs amid a crisis … so that they can stay in the workforce.”
Senators voted 17-25 to reject Spivey’s amendment. Dungan then filed an amendment to consider his LB408 separately.
By establishing a forgivable loan program for special education teachers, Dungan said, more individuals might choose to enter the teaching profession and stay in Nebraska.
Murman supported Dungan’s amendment, saying it could encourage those considering pursuing teaching to focus on special education careers and “fill the gap” in that specialization.
Clements opposed the amendment. He said the Education Future Fund — the measure’s proposed funding source — currently does not have the resources to sustain such a program.
The Dungan amendment failed 20-23.
Hallstrom then offered another attempt to remove the CLT provisions from LB306. The amendment also would clarify that SAT scores could be used to determine eligibility, along with ACT scores, which Hallstrom said are “better indicators of readiness” for college and more secure than the CLT.
Murman opposed the amendment, saying the CLT is secure and utilizes webcam technology to track students’ surroundings and their movements while taking the exam.
Additionally, he said, numerous colleges and universities have begun accepting CLT scores in addition to ACT and SAT scores, including Baylor, Florida State University and Pepperdine.
“This is a growing trend, and Nebraska can either get on board with that trend by rejecting this amendment, or we can stay in the dust,” Murman said.
Senators adopted Hallstrom’s amendment 25-14 before advancing LB306 to final reading by voice vote.