LB 538 – Comprehensive Summary
Overview
LB 538 would require Nebraska public K-12 school boards and postsecondary educational institutions to adopt formal policies addressing discrimination and antisemitism, adopt and integrate the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism (including contemporary examples, as of May 26, 2016), provide antisemitism-related training, and establish Title VI coordinators to monitor, investigate, and report on discrimination and harassment, including antisemitic discrimination. The bill also expands a coordinating body’s role to include a Title VI coordinator position and related duties.
What the bill would do (core provisions)
- K-12 school districts (Section 1)
- Adopt a policy addressing discrimination and antisemitism using the IHRA definition.
- Policy components:
- Prohibit discrimination by race, ethnicity, national origin, sex, disability, religion, or marital status.
- Prohibit denial of access to education programs, classes, or activities on those bases.
- Ensure admission criteria do not unlawfully restrict access based on those characteristics.
- Ensure non-discriminatory provision of programs, counseling, and financial aid.
- Treat antisemitic harassment or discrimination the same as discrimination based on race.
- Include antisemitism in student and employee codes of conduct as prohibited conduct.
- Antisemitism awareness training to be included in existing harassment training.
- Require reporting of antisemitic incidents or complaints to the State Department of Education for referral to the Title VI coordinator.
- Provisions affirm no conflict with federal/state discrimination laws or First Amendment rights.
Title VI coordinator (Section 2)
- The Commissioner of Education designates a Title VI coordinator within the Department of Education.
- Duties: monitor discrimination and harassment (including antisemitism) in school districts; investigate complaints; file an annual report.
- If a district fails to adequately address discrimination, the coordinator issues written notice and requires corrective action; if noncompliance persists (30 days), the coordinator may file complaints with the U.S. Department of Education and DOJ under Title VI.
- Annual electronic report to the Legislature on discrimination/harassment incidents and resolutions, without identifying individuals.
Postsecondary institutions (Section 3)
- The University of Nebraska Board of Regents, the Nebraska State Colleges Board, and community college boards must adopt a policy addressing discrimination and antisemitism at their institutions, using the IHRA definition.
- Policy components mirror those required for K-12 (non-discrimination in programs, classes, admissions, counseling, and financial aid; antisemitism treated like racial discrimination; antisemitism included in codes of conduct; training).
- Postsecondary institutions must report antisemitic incidents/complaints to the Coordinating Commission for Postsecondary Education (CCPE) for referral to the Title VI coordinator per section 6.
Coordinating Commission for Postsecondary Education (Sections 4-6)
- Amendments to incorporate a Title VI coordinator within CCPE.
- The CCPE coordinator monitors discrimination/harassment at public postsecondary institutions; investigates complaints; issues corrective actions; if needed, files complaints with federal agencies under Title VI; submits annual electronic reports to the Legislature with anonymized data.
Repealer (Section 7)
Definitions and amendments (AM 1385)
- AM 1385 defines antisemitism consistently with the IHRA working definition (including contemporary examples) for purposes of sections 1 and 2.
- Clarifies terms and alignment with existing education statutes; preserves First Amendment rights and minimizes conflicts with federal/state discrimination laws.
Status and timeline
- Introduced: January 22, 2025
- Heard: February 3, 2025 (Education Committee)
- Committee action: Advanced to General File with amendment(s)
- Related amendments/actions: AM 1385 filed; subsequent actions include other committee and floor actions in 2025.
Who is affected
- Public K-12 school districts in Nebraska
- Postsecondary institutions: University of Nebraska, Nebraska State Colleges, and Nebraska community colleges
- State Department of Education
- Coordinating Commission on Postsecondary Education
- Students, employees, and applicants at affected institutions
Impact considerations
- Creates formal, uniform policies on discrimination and antisemitism across K-12 and postsecondary settings.
- Establishes Title VI coordination, investigation, and reporting mechanisms, including potential escalation to federal agencies for Title VI compliance.
- Requires training and integration of antisemitism awareness into existing harassment training.
- Aims to improve campus climate and accountability while affirming alignment with First Amendment rights and existing discrimination laws.
