LINCOLN, Neb. (Nebraska Examiner) – Lawmakers are exploring how to help more students with special education needs participate in a program in Nebraska that allows families the option of enrolling in another public school district.

State Sens. Dave Murman of Glenvil and Danielle Conrad of Lincoln each brought interim studies to investigate the issue and better support students who need special education services and may have individualized education plans, or IEPs. The study came Thursday as part of Legislative resolutions 320 (from Conrad) and 425 (from Murman).

Murman described the study as a way to ensure that every child has a “fair chance” as a goal of the Education Committee, which Murman chairs.

The study also came after a Nebraska Department of Education Report in August, about 86 percent of students who applied for “optional enrollment” were accepted into the district of their choice. Of the 14% denied, some were students with IEPs.

“The goal is that there would be no disability discrimination,” Murman said after the hearing.

Conrad spearheaded the 2023 legislation involving elective enrollment, and the Education Committee, on which he sits, amended the legislation to include the annual report.

Refusal rates for students with IEPs

Elizabeth Eynon-Kokrda, general counsel and co-founder of the Education Rights Counsel, a nonprofit organization that advocates for Nebraska children, especially those with disabilities, said based on her analysis of the inaugural report, students with IEPs are being largely denied part.

“From this data, no child with disabilities has been accepted,” Eynon-Kokrda said. “Sometimes, only children with disabilities were not accepted.”

Tim Royers, president of the Nebraska State Education Association, said that may not be entirely accurate because the report does not indicate how many students with IEPs were accepted. He said he has seen internal data indicating that some students with IEPs have been accepted.

Eynon-Kokrda said Nebraska law allows districts to deny such students’ transfer requests. She said lawmakers have given school districts the benefit of the doubt, to do individualized assessments and determine whether they can support students and not hide behind claims they don’t have “capacity.”

State Sen. Lou Ann Linehan of Elkhorn, who is term-limited, noted that each school district receives additional funding if it has positive net-option enrollment, amounting to nearly $11,000 per student. Linehan cautioned that districts can deny applications for any reason under current law.

She and others noted that the Legislature doubled special education reimbursements to 80 percent last year while creating “foundation aid” for each public school district, about $1,500 for each public school student. Discussions continue about state reform the main funding formula.

John Skretta, a lobbyist for Lincoln Public Schools, said his district largely accepts all students for enrollment in the option, except those who are excluded because they have used it previously. He suggested increasing or adding a growth factor to the “foundation aid”.

Royers said that while funding for special education has rebounded, there is also increased demand.

“We cannot stay with the status quo”

When MPs asked for a reason for the refusal from last year, Eynon-Kokrda said some were still using capacity as a reason, which she defined as “in the eye of the beholder” and that something could change ” overnight,” depending on the district. definitions per district. She suggested “invisible disability legislation” that removes from every enrollment application the question: Does your student have an IEP?

“We cannot remain with the status quo and I would urge you to introduce legislation to ensure fairness for all children,” she said.

Angela Gleason, an Omaha mother, said she has three children between the ages of 7 and 12, and her oldest, who has a disability, has not been accepted for enrollment in the option, but her other two children have.

“I didn’t know that simply by having a disability and an individualized education program, I would red flag him in any district I applied to if he wasn’t the type of student they would choose to admit for elective enrollment,” Gleason testified. of her eldest child.

Gleason said it’s disheartening to be denied year after year and for her oldest son to feel discriminated against repeatedly. She said schools should either accept all enrollment students or not accept any options.

Royers said a family that doesn’t answer that question but later reveals that their child has an IEP should also be considered a denial. He offered to help address concerns next year about school districts refusing to transfer students with IEPs without a stated reason.

Possible legislation from 2025

Conrad warned that there are real capacity issues such as class size and the current shortage of teachers, particularly those with special education support.

Carrie George, a special education teacher in the Papillion-La Vista area, echoed those concerns and said budget cuts have increased caseloads, leading to teacher burnout. She urged lawmakers to consult with special education departments and educators across the country to address current flaws before implementing new requirements.

For example, Royers said, there were 286 unfilled special education positions in the state last year. Just a decade ago, this was 1,000% less, at 29 unfilled positions.

“Teachers are deeply involved in student achievement,” George said. “The greatest injustice would be for students not to reach their potential because of the limitations of well-intentioned policies.”

Murman said one of his goals is for the data to show a similar acceptance rate for students with IEPs compared to students without. He told the Nebraska Examiner that next year could include a renewed focus on special education, possibly targeting aid for high-cost services.

Conrad said the hearing highlighted the need to increase resources and address the workforce shortage, which she described as a non-political issue.

“This is an issue that every member of the Education Committee cares deeply about,” Conrad said. “I think those are the kinds of issues that I hope will be really front and center in terms of problem solving in the 2025 legislative session.”

Nebraska Examiner is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. The Nebraska Examiner maintains its editorial independence. Contact editor Cate Folsom with questions: [email protected]. Follow the Nebraska Examiner on Facebook and X.

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