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NE LB841

NE LB841
Change provisions relating to special education services, parental consent, and hearings


summary

Introduced
01/08/2026
In Committee
01/12/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
109th Legislature

Bill Summary

A BILL FOR AN ACT relating to special education; to amend sections 79-1139 and 79-1164, Reissue Revised Statutes of Nebraska; to require special education services as prescribed; to require parental consent as prescribed; to assign the burden of proof and the burden of production for certain hearings; and to repeal the original sections.

AI Summary

This bill modifies existing Nebraska law regarding special education services by clarifying that school districts must provide these services as outlined in a student's individualized education program (IEP), which is a plan developed for students with disabilities. Crucially, it requires school districts to obtain consent from a student's parent, legal guardian, educational decisionmaker (someone appointed by a court to make educational decisions), or surrogate (a designated parent substitute) before implementing any changes to an IEP, unless the district has made reasonable efforts to get consent and received no response within ten days, or if the district obtains approval for the change through a formal hearing. Furthermore, the bill specifies that in hearings concerning special education disputes, the school district will bear the burden of proof, meaning they must present sufficient evidence to support their case, and the burden of production, meaning they must introduce relevant evidence. The bill also repeals the original versions of the sections it amends.

Committee Categories

Education

Sponsors (1)

Last Action

Education Hearing (13:30:00 1/20/2026 Room 1525) (on 01/20/2026)

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