Bill > LB1146

This bill modifies existing Nebraska law regarding school attendance reporting to county attorneys, specifically concerning unexcused absences. Previously, a school district could report a child to the county attorney if they had been absent more than twenty days per school year. This bill changes the reporting threshold to twenty or more unexcused absences during the school year, but crucially, it clarifies that certain absences will *not* be considered unexcused. These include absences excused by a parent or guardian due to physical or mental illness, absences related to policies for pregnant or parenting students, and absences for students with specific educational plans or services such as an individualized education program (IEP) under the federal Individuals with Disabilities Education Act, or those receiving services under Section 504 of the federal Rehabilitation Act, or who are eligible under the McKinney-Vento Homeless Assistance Act. Before referring a child to the county attorney, the school must document its efforts to address barriers to attendance, including written communication with guardians and at least one meeting with relevant school personnel, the child's guardian, and the child, to develop a collaborative plan to improve attendance. The bill also states that failure to document these efforts can be a defense against prosecution or adjudication for absences, and that illness making attendance impossible or impracticable cannot be the basis for referral to the county attorney. Finally, the bill repeals the original section of law it amends.

Education

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63013