Senate advances LB653 after adopting amendment to keep siblings together, allow narrow K–2 suspensions with guardrails

Lincoln, Neb. — The Nebraska Legislature on Wednesday adopted an amendment to LB653 that preserves sibling option enrollment protections and adds a limited suspension exception for young students in cases of violent behavior, then advanced the bill to E & R initial.

LB653 originally addressed multiple education issues, including option enrollment and suspension rules. Sponsor Sen. Merman said AM17o1 pares down the bill to two core changes: (1) if one sibling is accepted to option into a receiving school, the school generally cannot deny a younger sibling from the same family when that child later applies; and (2) an exception to the current prohibition on suspending preschool through second‑grade students for instances in which the student engages in "physical violence capable of causing physical harm to another student or school employee," subject to guardrails.

"If a family that has already had a student option in and unfortunately has another student with an IEP … the receiving district would have to take the IEP student," Merman said, describing option‑enrollment changes as intended to keep families together.

Supporters described AM17o1 as a compromise balancing family stability, disability rights and classroom safety. Sen. Conrad, a cosponsor, emphasized the measure addresses documented denial patterns in option enrollment for students with disabilities. Sen. Spivey, Sen. McKinney and advocates pressed for clearer, standardized processes and for strong supports before suspension, citing racial and disability disparities in suspension data.

Opponents and some rural senators raised implementation and funding concerns, including special‑education capacity and reimbursements for districts that accept option students; sponsor and others pointed to prior reimbursement policy (80% special‑education reimbursement referenced on the floor).

The Senate adopted AM17o1 by recorded vote (Clerk: 33 ayes, 8 nays). The body also adopted a committee amendment AM995 (Clerk: 34 ayes, 3 nays). After final consideration, the Senate voted to advance LB653 to E & R initial (Clerk recorded 38 ayes, 6 nays).

What the amendment does: For the suspension exception, if a school suspends a young student under the new language, the school must meet with the parent or guardian and develop an action plan to address the behavior and enable reentry; the amendment does not remove the broader prohibition but creates a narrowly defined safety exception.

Next steps: With LB653 advanced to E & R initial, the bill will continue through the legislative process; sponsors indicated willingness to refine definitions and procedural guardrails between general and select file.

— Reporting from the Senate floor.