Change provisions relating to school policies on the involvement of parents, guardians, and educational decisionmakers in schools

109th Legislature (2025-2026) Introduced by Dave Murman

LB 428 requires schools to give 15 days' notice and allow parental opt-out before sensitive or nonanonymous student surveys, with access to the survey and privacy safeguards.

Approved by Governor on April 29, 2025

Summary — LB 428 (2025)

Title: Change provisions relating to school policies on the involvement of parents, guardians, and educational decisionmakers in schools
Introduced: January 17, 2025 (Sen. Dave Murman et al.)
Final status: Passed Legislature (Final Reading 41–5–3 on April 25, 2025); Approved by Governor April 29, 2025

Purpose and intent

LB 428 amends Neb. Rev. Stat. §79‑532 to strengthen parent/guardian/educational‑decisionmaker notification and opt‑out rights for certain student surveys. The bill is intended to ensure parents are informed about the content, purpose, and privacy practices of sensitive student surveys and are able to exempt their child from participation.

Key provisions

Amends the policy required under §79‑531 to add explicit survey‑notification and opt‑out requirements (new subdivision (g)).

Notification requirement:

Schools must notify parents/guardians/educational decisionmakers at least 15 days before administering either:
(A) any survey (anonymous or not) that asks students for sexual, mental‑health, medical, health‑risk behavior, religious, political affiliation, or other board‑designated “sensitive” information; or
(B) any nonanonymous survey asking about drug, vape, alcohol, or tobacco use.
Notice must be sent via the school’s electronic notification system or by physical mail to the address on file.
Notice must describe: nature/types of questions, purposes and age‑appropriateness, how collected information will be used, who will have access, privacy protections, and whether/ how findings will be disclosed.

Parent/guardian rights:

Request a copy of the survey (via electronic notification or mail).
Review the survey in person at the school.
Exempt their child from participating in the survey.

Confidentiality:

Unless required by federal/state law or regulation, school personnel may not disclose a child’s personally identifiable information collected by such surveys.

Age restriction:

No survey requesting sexual information may be administered to students in kindergarten through grade six.

Federal law carve‑outs: Section 2 clarifies the bill does not require disclosure in violation of FERPA (20 U.S.C. 1232g), PPRA (20 U.S.C. 1232h), COPPA (15 U.S.C. 6501 et seq.), or CIPA (47 C.F.R. 54.520) as specified by reference dates.

Who is affected

Students (particularly those subject to sensitive or nonanonymous behavioral‑substance surveys)

Parents, guardians, and designated educational decisionmakers (notification and opt‑out rights)

School districts and school personnel (new notification, record‑keeping, and confidentiality obligations)

School boards (authority to designate what is “sensitive” information)

Procedure, amendments, and fiscal notes

Education Committee hearing: Feb 4, 2025; advanced with amendment AM196 (later amended by Murman AM803 and final change from 30 to 15 days).

Key amendment: notification window reduced from 30 days to 15 days (AM196/AM803).

Final legislative actions: advanced through Select and Final Reading; presented to Governor April 25, 2025; approved April 29, 2025.

Fiscal notes were filed (dated Feb 3, Mar 4, and Apr 8, 2025); summary does not indicate major state cost changes in the bill text.

Bill