79-880. Schools; applicant for employment; requirements; confidentiality; immunity; suspected child abuse or sexual misconduct; restrictions on contracts or agreements; public awareness campaign.

1,535 words·~7 min read·/ne/chapter-79/79-880

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section:

(a)Child abuse means an offense committed under section 28-707 ; and

(b)Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student. Sexual misconduct includes sexual abuse by a school worker pursuant to section 28-316.01 or violations of a policy adopted pursuant to section 79-879 relating to relationships with students.

(2)Beginning with the 2027-28 school year, no school board of a school district or governing authority of an approved or accredited private, denominational, or parochial school shall hire any person to serve in a position which involves regular contact with students unless the school board or governing authority, in addition to any other requirements:

(a)Requires the applicant to provide:

(i)A list, including name, address, telephone number, and other relevant contact information for:

(A)The applicant's current employer at the time of the application, if any;

(B)All former schools that such applicant was employed by within the seven years preceding such application; and

(C)All former employers that the applicant was employed by within the seven years preceding such application that involved direct contact with children;

(ii)A written authorization for the release and disclosure of any records related to the information requested under subdivisions (2)(a)(i) and (2)(b) of this section by the applicant's employers listed under subdivision (2)(a)(i) of this section to the school district or school. Such written authorization shall also release employers from liability that may arise from the disclosure or release of such records; and

(iii)A written statement as to whether the applicant:

(A)Has been the subject of a report of child abuse, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or neglect was not substantiated;

(B)Has ever been disciplined, discharged, nonrenewed, asked to resign from employment, or resigned from or otherwise separated from any employment while allegations of child abuse or neglect or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or neglect or sexual misconduct; or

(C)Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or neglect or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or neglect or sexual misconduct; and

(b)Conducts a review of the employment history of the applicant by contacting the employers listed by the applicant under subdivision (2)(a) of this section and requesting the following information:

(i)The dates of employment of the applicant; and

(ii)A statement as to whether, to the extent the employer has knowledge, the applicant:

(3)The review of an applicant's employment history and background information as provided pursuant to this section may be conducted through telephonic, electronic, or written communications. If the review is conducted by telephone, the results of the review shall be documented in writing by the prospective employer.

(4)(a) An applicant who willfully provides false information or willfully fails to disclose information required in subdivision (2)(a) of this section shall be subject to discipline up to, and including,

(i)termination or denial of employment,

(ii)reporting to the state agency or other entity with authority to revoke any relevant certificate or license, or

(iii)being subject to a civil penalty of not more than five hundred dollars. Any penalty collected pursuant to this subsection shall be distributed pursuant to Article VII, section 5, of the Constitution of Nebraska.

(b)The school board or the governing authority of an approved or accredited private, denominational, or parochial school shall include a notification of the penalties set forth in this section on all applications for employment for positions which involve regular contact with students.

(c)The school board or the governing authority of an approved or accredited private, denominational, or parochial school shall have the right to immediately terminate an individual's employment or rescind an offer of employment if:

(i)The applicant is offered employment or commences employment or contracted services with the school following July 18, 2026;

(ii)Information regarding the applicant's history of child abuse or sexual misconduct is subsequently discovered or obtained by the employer that the employer determines disqualifies the applicant or employee from employment with the school; and

(iii)The termination of employment pursuant to this subdivision (4)(c) shall not be subject to any grievance or appeals procedures or tenure proceedings pursuant to any collective bargaining or negotiated agreement.

(5)After reviewing the information disclosed under subdivision (2)(a) of this section and finding an affirmative response to any of the inquiries in subdivision (2)(a)(iii) of this section, the school board or governing authority, prior to determining to continue with the applicant's job application process, shall make further inquiries of the applicant's current or former employer to ascertain additional details regarding the matter disclosed.

(6)A school board or a governing authority of an approved or accredited private, denominational, or parochial school may employ or contract with an applicant on a provisional basis for a period not to exceed ninety days pending review by the school board or the governing authority of information received pursuant to subsection

(2)of this section, provided that all of the following conditions are satisfied:

(a)The applicant has complied with subsection

(2)of this section;

(b)The school board or the governing authority has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to subdivision (2)(a)(iii) of this section; and

(c)The school board or the governing authority determines that special or emergent circumstances exist that justify the temporary employment of the applicant.

(7)Information received by a school board or a governing authority under this section shall not be considered a public record subject to disclosure pursuant to sections 84-712 to 84-712.09 .

(8)(a) A school board or a governing authority that receives a request for information or records regarding an applicant pursuant to and in accordance with this section from another school board or board of education shall provide such information and respond to such inquiries as soon as practicable.

(b)An employer that provides information or records about a current or former employee or applicant shall be immune from criminal and civil liability for the disclosure of the information, unless the information or any record provided was knowingly false. The immunity shall be in addition to and not in limitation of any other immunity provided by law.

(9)(a) On or after July 18, 2026, a school board or a governing authority of an approved or accredited public, private, denominational, or parochial school may not enter into an agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:

(i)Has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;

(ii)Affects the ability of the school board or the governing authority to report suspected child abuse or sexual misconduct to the appropriate authorities; or

(iii)Requires the school board or the governing authority to expunge information about allegations or findings of suspected child abuse or sexual misconduct from any documents maintained by the school unless, after investigation, the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.

(b)Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is entered into, amended, or renewed after July 18, 2026, and that is contrary to this section shall be void and unenforceable.

(10)The State Department of Education shall establish a public awareness campaign to publicize the provisions of this section and to ensure applicants and employers are aware of their respective rights and responsibilities under this section. The department shall post on its website guidance documents and any other informational materials that may assist applicants and employers in the implementation of and compliance with this section.