Lawmakers probe special education, ‘option enrollment’ among Nebraska school districts
(File/)
LINCOLN — Lawmakers are exploring how to help more students who require special education take part in a Nebraska program that allows families the option to enroll in a different public school district.
State Sens. Dave Murman of Glenvil and Danielle Conrad of Lincoln each brought interim studies to probe the issue and better support students who need special education services and might be on individualized education plans, or IEPs. The study came Thursday as part of Legislative Resolutions 320 (from Conrad) and (from Murman).
Murman described the study as a way to ensure every child gets their "fair chance" as a focus of the Education Committee, which Murman chairs.
The study also came after a Nebraska Department of Education report in August that about 86% of students who applied for "option enrollment" were accepted into the district of their choice. Among the 14% denied, a portion were students on IEPs.
"The goal is that there wouldn't be any discrimination because of disabilities," Murman said after the hearing.
Conrad led 2023 legislation involving option enrollment, and the Education Committee, of which she is a member, amended the legislation to include the annual report.
Denial rates for students with IEPs
Elizabeth Eynon-Kokrda, general counsel and co-founder of Education Rights Counsel, a nonprofit that uplifts Nebraska children, particularly those with disabilities, said based on her review of the inaugural report, students with IEPs are being denied largely across the board.
"From this data, not a single child with a disability was accepted," Eynon-Kokrda said. "Sometimes, it's only the children with disabilities who weren't accepted."
Tim Royers, president of the Nebraska State Education Association, said that might not be fully accurate, as the report doesn't indicate how many students with IEPs were accepted. He said he had seen internal data indicating that some students on IEPs were accepted.
Eynon-Kokrda said Nebraska law does permit districts to turn down such students' transfer requests. She said lawmakers have given school districts the benefit of the doubt, to do individualized assessments and determine whether they can support the students and not hide behind claiming they lack "capacity."
State Sen. Lou Ann Linehan of Elkhorn, who is term-limited, noted that each school district gets additional funding if they have positive net option enrollment, to the tune of almost $11,000 per student. Linehan cautioned that districts can deny applications for any reason under current law.
She and others noted that the Legislature doubled special education reimbursements to 80% last year while creating "foundation aid" for each public school district, roughly $1,500 for each public school student. Conversations continue about reforming the state's main funding formula
John Skretta, a lobbyist for Lincoln Public Schools, said his district largely accepts all students for option enrollment, except those who are precluded because they previously used it. He suggested possibly increasing or adding a growth factor to "foundation aid."
Royers said while special education funding has returned, there is increased demand, too.
'We can't stay with the status quo'
When lawmakers required a reason be given for denial starting last year, Eynon-Kokrda said some still used capacity as a reason, which she defined as being "in the eyes of the beholder" and something could change "overnight," based on district-by-district definitions. She suggested "disability blind legislation" that removes from each option enrollment application the question: Does your student have an IEP?
"We can't stay with the status quo, and I would urge you to introduce legislation that works to ensure equity for all children," she said.
Angela Gleason, an Omaha mother, said she has three children between the ages of 7 and 12, and her oldest, who has disabilities, hasn't been accepted for option enrollment but her other two children have.
"Little did we know that by simply having a disability and an individualized education program, we would be red flagging him to any district that we applied to if he was not the sort of student they would choose to admit for option enrollment," Gleason testified of her oldest child.
Gleason said it is disheartening to be denied year after year and to have her oldest son feel he is repeatedly being discriminated against. She said schools should either accept all or take no option enrollment students.
Royers said a family that doesn't answer that question but later reveals their child has an IEP must also be counted as a denial. He offered to help address concerns next year about school districts denying transfers of students with IEPs, without a stated reason.
Possible 2025 legislation
Conrad cautioned that there are real capacity concerns, such as class size and current teacher shortages, particularly those with special education endorsements.
Carrie George, a special education teacher from the Papillion-La Vista area, echoed those concerns and said budget cuts have increased caseloads, leading to teacher burnout. She urged lawmakers to consult with special education departments and educators statewide to address current flaws before implementing new requirements.
For example, Royers said, there were 286 unfilled special education positions in the state last year. Just a decade ago, that was 1,000% less, at 29 unfilled positions.
"Teachers are deeply committed to student outcomes," George said. "The greatest injustice would be for students to fail to reach their potential due to the limitations of well-intentioned policies."
Murman said one of his goals is that the data indicate a similar acceptance rate for students with IEPs compared to students without. He told the Nebraska Examiner that next year might include a renewed focus on special education, possibly targeting aid for high-cost services.
Conrad said the hearing highlighted a need to increase resources and to address workforce shortages, which she described as a non-political issue.
"This is an issue that every single member of the Education Committee cares really deeply about," Conrad said. "I think these are the kinds of issues that I'm hopeful will be really front and center in terms of problem solving in the 2025 legislative session."
