LB 841

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                           LEGISLATURE OF NEBRASKA
                       ONE HUNDRED NINTH LEGISLATURE
                                SECOND SESSION
                  LEGISLATIVE BILL 841
   Introduced by Rountree, 3.
   Read first time January 08, 2026
   Committee: Education
1   A BILL FOR AN ACT relating to special education; to amend sections
279-1139   and   79-1164,   Reissue     Revised    Statutes   of     Nebraska;   to
3require   special    education    services       as   prescribed;    to   require
4parental consent as prescribed; to assign the burden of proof and
5the burden of production for certain hearings; and to repeal the
6original sections.
7    Be it enacted by the people of the State of Nebraska,
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1Section 1. Section 79-1139, Reissue Revised Statutes of Nebraska, is
2    amended to read:
379-1139 (1) For purposes of this section:
4(a) Educational decision maker means a person designated or ordered
5    by a court to make educational decisions on behalf of a student; and
6(b) Surrogate means a surrogate for the parents assigned pursuant to
7    section 79-1161.
8(2) Each school district shall include only students identified and
9    verified pursuant to sections 79-1137 and 79-1138 in special education
10    programs and shall not provide special education services pursuant to the
11    Special Education Act to any child who has not been so identified and
12    verified.
13(3) Each school district shall provide special education services to
14    each student identified and verified pursuant to sections 79-1137 and
15    79-1138 as directed in the student's individualized education program.
16(4) No school district shall implement a change to an individualized
17    education   program   without   consent   from   the   student's   parent,   legal
18    guardian, educational decisionmaker, or surrogate unless:
19(a) The school district documents reasonable efforts to obtain such
20    consent and no response is received from the student's parent, legal
21    guardian, educational decisionmaker, or surrogate within ten calendar
22    days following such efforts; or
23(b) The school district obtains approval to implement such change
24    through a hearing conducted pursuant to sections 79-1161 to 79-1167.
25Sec. 2. Section 79-1164, Reissue Revised Statutes of Nebraska, is
26    amended to read:
2779-1164 (1) Upon the receipt of a petition filed under section
28    79-1162, the department shall assign it to a hearing officer. The hearing
29    officer shall receive all subsequent pleadings and shall conduct the
30    hearing.
31(2) At the hearing the parties shall present evidence on the issues
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1   raised in the pleadings.
2(3) The school district shall have the burden of proof and the
3   burden of production.
4(4) At the completion of the proceedings, the hearing officer shall
5    prepare a report based on the evidence presented containing findings of
6    fact and conclusions of law.
7(5) Within forty-five days after the receipt of a request for a
8    hearing, the hearing officer shall prepare a final decision and order
9    directing such action as may be necessary. At the request of either party
10    for good cause shown, the hearing officer may grant specific extensions
11    of time beyond this period.
12(6) The report and the final decision and order shall be delivered
13   via   certified   mail   to   each   party   or   attorney   of   record   and   to   the
14   Commissioner of Education.
15Sec. 3.     Original sections 79-1139 and 79-1164, Reissue Revised
16    Statutes of Nebraska, are repealed.
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