Bill narrows truancy referrals to keep medically ill, disabled, homeless and parenting students out of juvenile court
February 02, 2026 | 2026 Legislature NE, Nebraska
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Sen. Danielle Conrad introduced LB 11 46 to limit circumstances in which automatic referral to juvenile court for 20 unexcused absences may proceed. The bill would specify that absences related to medical or mental illness, documented disability plans or services (IEP/504), pregnancy/parenting status and homelessness should not be counted as unexcused for the purpose of automatic county attorney referral.
Why it matters: Sponsors and child‑advocacy groups said the current 20‑day threshold allows widely disparate county attorney responses and can funnel families into court for matters that are not neglect or abuse. Voices for Children, the ACLU and other child‑welfare advocates testified that the policy helps reduce trauma and supports targeted school‑based interventions rather than litigation.
Supporters provided multiple case examples where medically documented conditions or chronic illness generated high absence totals that resulted in court filings before schools and prosecutors were able to align supports. The ACLU and public‑defender witnesses described cases that ultimately were dismissed after several court appearances.
Opponents (county attorney representatives) cautioned about losing prosecutorial discretion and the need for a consistent response to chronic absenteeism; proponents and several senators replied that LB 11 46 preserves county‑attorney authority under other statutes addressing parental educational neglect and that the bill focuses the 20‑day automatic trigger on truly unexplained absences.
Outcome: The committee heard detailed testimony from advocates, school officials and legal practitioners; sponsor said the bill is a pragmatic step short of full decriminalization and designed to preserve supports while avoiding unnecessary court trauma. No committee vote was taken.
Provenance: SEG 5030–SEG 6414.
Speakers: Senator Danielle Conrad — SEG 5030; Anahi Salazar (Voices for Children) — SEG 5579; ACLU attorney JW Connor — SEG 5770.
Why it matters: Sponsors and child‑advocacy groups said the current 20‑day threshold allows widely disparate county attorney responses and can funnel families into court for matters that are not neglect or abuse. Voices for Children, the ACLU and other child‑welfare advocates testified that the policy helps reduce trauma and supports targeted school‑based interventions rather than litigation.
Supporters provided multiple case examples where medically documented conditions or chronic illness generated high absence totals that resulted in court filings before schools and prosecutors were able to align supports. The ACLU and public‑defender witnesses described cases that ultimately were dismissed after several court appearances.
Opponents (county attorney representatives) cautioned about losing prosecutorial discretion and the need for a consistent response to chronic absenteeism; proponents and several senators replied that LB 11 46 preserves county‑attorney authority under other statutes addressing parental educational neglect and that the bill focuses the 20‑day automatic trigger on truly unexplained absences.
Outcome: The committee heard detailed testimony from advocates, school officials and legal practitioners; sponsor said the bill is a pragmatic step short of full decriminalization and designed to preserve supports while avoiding unnecessary court trauma. No committee vote was taken.
Provenance: SEG 5030–SEG 6414.
Speakers: Senator Danielle Conrad — SEG 5030; Anahi Salazar (Voices for Children) — SEG 5579; ACLU attorney JW Connor — SEG 5770.
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