New Hiring Requirements Pursuant To Nebraska Revised Statute § 79-880
What Schools and Applicants Need to Know
Purpose: To prevent schools from hiring individuals with histories of child abuse, neglect, or sexual misconduct.
Who Is Affected?
Public school districts, approved or accredited private, denominational, and parochial schools, and applicants who apply for positions involving regular contact with students.
When Does It Take Effect?
Statutory requirements apply to all applicants who will serve in positions which involve regular contact with students during the 2027-28 school year and thereafter.
What Must Applications Provide Or Disclose?
- A list and contact information for 1) their current employer at the time of application; 2) all schools they were employed by within the seven years preceding the application; and 3) all employers within the seven years preceding the application for work that involved direct contact with children.
- A written authorization release, meeting the requirements of Neb. Rev. Stat. § 79-880(2)(a)(ii).
- A written statement, meeting the requirements of Neb. Rev. Stat. § 79-880(2)(a)(iii).
What Must Schools Review And Provide?
- Schools must contact the employers listed by the applicant to request the information set out in Neb. Rev. Stat. § 79-880(2)(b).
- Employment-history reviews may be conducted through telephone, electronic, or written communication.
- If a review is conducted by telephone, the school must document the results in writing.
- After reviewing information disclosed by the applicant and finding an affirmative response to any of the inquiries required by Neb. Rev. Stat. § 79-880(2)(a)(iii), the school must make further inquiries of the applicant’s current or former employers to ascertain additional details regarding the matter disclosed, prior to determining to continue with the application process.
- Schools must provide applicants with notice of the consequences if applicants provide false information or fail to disclose the information required, which include denial or termination of employment, reporting to an entity with authority to revoke their certificate or license, and a civil penalty of up to $500.
- Terminations due to a school subsequently discovering or obtaining disqualifying information regarding an applicant’s history of child abuse or sexual misconduct shall not be subject to grievance or appeal procedures, or tenure proceedings pursuant to a collective bargaining agreement or negotiated agreement.
- Schools may employ or contract with an applicant on a provisional basis for up to 90 days only when all statutory conditions in Neb. Rev. Stat. § 79-880(6) are met.
- Schools receiving employment-history requests from another school must provide information and respond to such inquiries as soon as practicable.
- Schools must not enter into agreements that seek to suppress, destroy, impair the ability to report or expunge such information.
What Rights And Protections Apply?
Information received by schools is not considered a public record subject to disclosure. Employers providing information about a current or former employee or applicant are immune from civil and criminal liability for disclosure of the information, unless the information is knowingly false.
Where Can Schools And Applicants Get Help?
Schools and applicants should review Neb. Rev. Stat. § 79-880 and consult with their attorneys to address specific concerns regarding implementation.
Source: Nebraska Revised Statute § 79-880 (2026, Neb. Laws. LB 937, § 8). Official text: https://nebraskalegislature.gov/laws/statutes.php?statute=79-880
Sample Forms
The following optional forms are available to assist schools and applicants: