Upcoming changes in education policy

The second session of the 109th Legislature has concluded. Although it was a short session and many issues remain unaddressed, a few notable changes were enacted that have a direct education impact on families.

First, under Option Enrollment (AM 1701 to LB 653), school districts must now automatically accept siblings of option-enrolled students. This ends the practice of splitting families where an option district could accept a general education student but deny acceptance of their sibling due to a disability.

Second, the “too young to suspend” policy was partially rolled back. Prior law prohibited suspension or expulsion for students in second grade or younger. Amendments to LB 653 now allow suspension or expulsion if a child engages in violent behavior capable of causing physical harm to a student or school employee.

Even with this change, please remember, for parents of children with disabilities, before any suspension or expulsion resulting in a change of placement of 10 days or more, a manifestation determination review is required to ensure the behavior is not a manifestation of the child’s disability.

Another change in student discipline law is that for any student suspended or expelled (regardless of age), schools must now provide written notice explaining the incident, include evidence supporting the student’s account of the incident, identify available resources, and outline an actionable plan to help keep the student in school.

If you have any questions about these, or other legislative changes, feel free to ask for a consult with ERC at educationrightscounsel.org.