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Sen. Lydia Brasch

Sen. Lydia Brasch

District 16

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Week seventeen of the first biennium of the 105th Legislature consisted of days 70 through 73 of this 90-day session.

On Monday of last week we debated LB 595 at length. This bill allows teachers or administrators to use necessary and reasonable physical force or restraint to subdue a student who becomes physically violent toward himself or herself, another student, a teacher, or an administrator until such student no longer presents a danger. This legislation also allows teachers or administrators to use physical restraint to subdue a student if he or she exhibits destructive behavior toward school property until such student ceases the destructive behavior or the student is removed from the classroom. Furthermore, LB 595 allows a teacher to remove a student from a class if the following criteria are met: the teacher documents that such student repeatedly interferes with other students’ ability to learn; the teacher determines such student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with other students’ ability to learn; and the teacher determines that such student has committed other disruptive acts that merit discipline under the Student Discipline Act. When this bill had a public hearing on February 7th Jay Sears, the Director of Instructional Advocacy for the Nebraska State Education Association, testified as a proponent and said that he has worked at the NSEA for 32 years and never have they received such overwhelming approval from teachers across Nebraska on a bill like they have on this one. He said that the NSEA received over 3,000 responses – in less than three hours – to their teacher survey on LB 595 with the vast majority in support of the bill. He noted that the NSEA has never received 3,000 responses on any issue, let alone in three hours. That tells me that this legislation is necessary and our teachers are signaling, loud and clear, that they need to be able to control their classrooms. I am in favor of this bill, but unfortunately it did not have enough votes (33 is needed) to overcome a filibuster.

On Tuesday and Wednesday we began debating a series of bills that will set the state budget for the next two years. As I mentioned in a previous column, we entered the session facing a large budget shortfall, in large part due to a slowdown in the agricultural economy which led to a reduction in available state revenues to support ongoing commitments. As the Legislature began debate on the budget, the Nebraska Economic Forecasting Board lowered its estimate of revenues the state would collect in this budget cycle by another $55 million, making the task of balancing the budget even more difficult. I applaud both the Governor and the Appropriations Committee for presenting a budget plan that must make necessary reductions to bring state spending commitments back in line with anticipated revenues. So far the Legislature has been willing to hold the line on not imposing new fees or higher taxes. You can review the budget at this webpage:

LB 409 passed its second round of debate on Thursday. This bill was prioritized by the Education Committee as its necessary adjustments to the TEEOSA formula help to balance the state’s budget. The bill reduces the increase that was originally scheduled for TEEOSA; the amount of TEEOSA is still increasing but at a lesser rate. LB 409 increased the local effort rate assumed by the formula, which increases a school district’s resources. This legislation also decreases the amount of Net Option Funding that school districts will receive. I am concerned about these cuts in the TEEOSA formula since they may place a bigger burden on property taxpayers as we work to balance the state’s budget.

On Monday we were happy to welcome the third and fourth graders from St. Paul’s Lutheran School located in Arlington, NE, and on Wednesday we were happy to welcome the fourth graders from Lyons-Decatur Northeast Schools.

Please contact me, or our staff with questions or concerns at (402) 471-2728 or by email at; or stop by Room 1022 if you are in the State Capitol. If you would like to follow the Legislature online please visit Live broadcasting is also available on NET2.

Sen. Lydia Brasch

District 16
Room #1022
P.O. Box 94604
Lincoln, NE 68509
Phone: (402) 471-2728
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