LB 507 Summary — Change provisions relating to school transportation expenses for children with disabilities
Overview
- Bill Number: LB 507
- Title: Change provisions relating to school transportation expenses for children with disabilities
- Introduced: January 21, 2025
- Status / Hearing: Notice of hearing set for February 11, 2025 (Committee: Education)
- Sponsored by: Principal Introducer Senator Megan Hunt; Chairperson Senator Dave Murman
LB 507 seeks to clarify and modify the Department of Education’s and school districts’ obligations regarding transportation for children with disabilities receiving special education services. The bill focuses on who pays for transportation when a child with a disability participates in a district’s special education program and may be required to travel outside the child’s home district or attend a program facility beyond the normal attendance location.
Purpose and Intent
- To ensure that when a child with a disability is enrolled in a school district’s special education program and the district is obligated to provide transportation by state law or the child’s Individualized Education Program (IEP), the transportation obligation lies with the school district, regardless of whether the child resides within the district.
- The intent is to clarify funding responsibility for transportation in situations involving out-of-district attendance or facility-based services due to disability-related needs.
Key Provisions (as drafted in LB 507)
The bill would amend Section 79-1129, Reissue Revised Statutes of Nebraska, to include the following:
1) Transportation payments and district responsibility
- The resident school district shall provide transportation for a child with a disability in specified scenarios, with reimbursement or payment tied to mileage at the rate specified in section 81-1176 for actual miles traveled.
- When more than one child with a disability is transported in the same trip by a parent/guardian, payments are based on the travel for one child (i.e., the district’s or state obligation is adjusted accordingly).
- No payments are to be made for mileage not actually traveled.
2) Provisions for special education transportation (out-of-district attendance)
- The district must provide transportation for a child who must attend a facility or program outside the usual attendance facility to receive appropriate special education services.
- Reimbursement to parents/guardians is at the mileage rate (81-1176) for the actual miles traveled between residence and the program location.
- If a parent/guardian transports multiple disabled children, payments are limited to the transportation of one such child.
3) Homebound and related instructional supports
- The district may provide visiting teachers for homebound children with disabilities, with qualifications aligned to those required for other teachers in Nebraska.
4) Other instructional methods
- The district may provide correspondence instruction (as approved by the Commissioner of Education) or any other method of instruction approved by the Commissioner.
5) Nonresident students and transportation
- If a child with a disability resides in or attends preschool or child care in a district other than the district of residence, the nonresident district is responsible for transportation expenses.
Who Is Affected
- Students with disabilities enrolled in school district special education programs.
- Parent/guardians who transport their children or who would otherwise bear transportation costs under current rules.
- School districts and their transportation budgets and planning, particularly in cases involving out-of-district attendance, facilities outside the usual school, or homebound services.
- Preschool/child care attendees with disabilities who participate in district programs outside their home district.
Procedural and Timeline Details
- Introduced: January 21, 2025
- Hearing: February 11, 2025 (Education Committee)
- Status: Notice of hearing; bill language indicates repeal of the existing 79-1129 statute and replacement with revised provisions.
Potential Impact
- Could reinforce district liability for transportation in specialized disability cases, potentially changing who pays and how mileage reimbursement is calculated.
- May affect administrative processes for reimbursements to parents/guardians.
- Clarifies alignment with IEP-dictated transportation needs and state law requirements.
- May influence how districts coordinate transportation for homebound or nontraditional instructional arrangements.