LEGISLATIVE ALERT: LB 595 Threat to Students with Disabilities
Senator Groene (North Platte) has introduced Legislative Bill 595 which allows a teacher or administrator to use necessary physical force and/or restraint on students in Nebraska under certain circumstances. The bill reads: “If a student becomes physically violent toward himself or herself, a teacher, an administrator, or another student, a teacher or administrator may use necessary physical force or physical restraint to subdue such student until such student no longer presents a danger to himself or herself, the teacher, the administrator, or the other student.”
The bill also applies to school property: “If a student exhibits destructive behavior toward school property, a teacher or administrator may use physical restraint to subdue such student until such student ceases the destructive behavior or the student is removed from the classroom.”
Legislative Bill 595 says that the use of such physical force or physical restraint is not considered corporal punishment. Furthermore, any teacher or administrator defending himself or herself, another teacher or administrator, or a student through the use of physical force or restraint will not be subject to legal action or administrative discipline.
The bill also allows teachers to remove a student from the classroom for behavior that interferes with the teacher’s ability to teach or students to learn. Students removed will not be able to re-join the class without the teacher’s consent.
Though the hearing has already occurred for this bill, you can still contact your senator and voice your opposition to the bill. The bill can be downloaded here, committee members are listed here, and individual senator contact information is found here.
If you have any further questions, please do not hesitate to contact me (email is preferable).
Bradley A. Meurrens, MPA
Public Policy Director
Disability Rights Nebraska
134 South 13th Street, Suite 600, Lincoln, NE 68508, Phone: 402-474-3183
1425 First Avenue, Scottsbluff, NE 69361, Phone: 308-631-5367
Toll-Free in Nebraska: 1-800-422-6691
Fax: 402-474-3274
brad@drne.org
