Latest news with #NebraskaAttorneyGeneral'sOffice
Yahoo
21-02-2025
- Politics
- Yahoo
AG Hilgers: Nebraska won't seek to end fed Section 504 disability protections
Nebraska Attorney General Mike Hilgers. June 30, 2023. (Zach Wendling/Nebraska Examiner) LINCOLN — The Nebraska Attorney General's Office said this week that AG Mike Hilgers would 'reevaluate Nebraska's involvement' in a lawsuit against a Biden-era rule if it threatens federal disability protections. The September lawsuit, led by Texas Attorney General Ken Paxton and Republican attorneys general from 16 other states, including Nebraska, specifically targets a May 2024 rule from the former Biden administration that lists 'gender dysphoria' as a covered disability under Section 504 of the federal Rehabilitation Act. Gender dysphoria, as defined in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, is the psychological distress someone has when their gender identity doesn't match their sex at birth. Original complaint (Sept. 26) Joint status update (Feb. 19) The Texas-led lawsuit argues the federal rule exceeds statutory authority, is 'arbitrary and capricious' and unconstitutional. A fourth argument argues Section 504 as a whole is unconstitutional. The rule offers services to thousands of Nebraskans, including students who are offered special education at a different threshold than specific individualized education programs (IEPs). Statements from the Nebraska Attorney General's Office last week and as recent as Thursday said Hilgers joined the lawsuit against an effort to 'hijack' the federal protections and impose 'transgender ideology' across Nebraska. Republican state AGs seek to clarify stance on disability law The lawsuit argues that the final rule would increase costs and compliance requirements on Nebraska under Medicaid and employment, which could risk access to federal funding. 'The Final Rule imposes severe and irreparable harm on Nebraska by imposing various costs and attendant risks of administrative proceedings, investigations, lawsuits and compliance measures, as well as by creating a conflict between state laws and policies and federal regulation,' the September lawsuit states. On Wednesday, the attorneys general filed a 'joint status report' to address President Donald Trump's administration and multiple Trump executive orders related to sex and gender, as well as the confirmation of U.S. Health and Human Services Secretary Robert F. Kennedy, Jr. 'Plaintiffs clarify that they have never moved — and do not plan to move — the court to declare to enjoin Section 504 of the Rehabilitation Act … as unconstitutional on its face,' the latest filing states. 'Plaintiffs have not sought and do not seek to enjoin the disbursement of funds from the [HHS] Department on the basis that the statute is unconstitutional.' The AGs said Kennedy and his department are continuing to evaluate their position as Trump ordered federal agencies to not 'promote or otherwise inculcate gender ideology.' GOP-led lawsuit that could dismantle disability protections draws public backlash The Arc of Nebraska, which advocates for people with intellectual and developmental disabilities, testified against Hilgers' office budget over concerns about his participation in the lawsuit. In a Thursday Facebook post, the organization said Hilgers clarified he would not move forward with the case if it eliminated Section 504, which the state AG's Office verified. The Nebraska AG's Office statement reads: 'The primary purpose of the complaint is not to challenge Section 504 or threaten funding for Nebraskans with disabilities. The Attorney General will reevaluate Nebraska's involvement or take other appropriate action if the legal protection and funding provided by Section 504 becomes threatened.' The Arc of Nebraska post states that 'while this isn't everything we want to see, it is a significant step forward.' Leaders of the Nebraska State Education Association also met with Hilgers, who made similar commitments, the organization said in a Wednesday email to teachers statewide. 'NSEA will continue to monitor the situation and remains committed to preserving and expanding services for students with disabilities,' the email stated. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
05-02-2025
- Politics
- Yahoo
Students, teachers endorse bill to ban cellphones during Nebraska school days
Marley Helvey, center, and her mother, Sarah Helvery, middle right, join with State Sens. Danielle Conrad of Lincoln, Rita Sanders of Bellevue and Dan Lonowski of Hastings, from left. Marley Helvey, a 15-year-old freshman at Omaha's Westside High School, was among supporters of a bill from Sanders and Gov. Jim Pillen to ban cellphones during the school day. Feb. 4, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — Students, teachers and Nebraska state officials largely testified Tuesday in favor of a proposal that would prohibit student use of cellphones during school, beginning this fall. Legislative Bill 140, from State Sen. Rita Sanders of Bellevue at the request of Gov. Jim Pillen, would require school districts to adopt policies prohibiting students from using electronic communication devices while on school property or while attending a 'school function.' The proposal, in large part drafted by the Nebraska Attorney General's Office, would put possible enforcement or discipline up to local districts, with multiple exceptions: Students whose device use is required under their individualized education plan or Section 504 plan for special education. Classroom time when authorized by a teacher for educational purposes. In the case of an emergency or perceived threat of danger. When necessary to monitor or manage a student's health. When determined appropriate by the school board or otherwise allowed by an appropriate school employee. School boards would need to adopt applicable policies by the start of the school year this fall. Sanders, a member of the Education Committee considering the bill, said lawmakers must do everything they can to ensure success in the classroom. Part of that, she said, is eliminating 'unnecessary distractions.' 'By limiting electronic communication devices in the classroom, we can foster an environment that promotes focus and academic achievement,' Sanders testified. 'We must prioritize the well-being and intellectual growth of our students.' Marley Helvey, a 15-year-old freshman at Westside High School in Omaha, said her district has a 'bell to bell, no cell' policy, which allows flexibility during the school day, such as in passing periods, for technology that Marley noted has become a 'constant reality of our life.' 'It's how we do everything, and it's part of our culture,' Marley said. Marley said the policy has helped her get work done faster, leading to more free time at home. She pointed to a study from Common Sense Media where teen and tween screen time has skyrocketed, up to 7 hours and 22 minutes each day for teenagers. A 2023 survey from the same group indicated that 97% of 11- to 17-year-old students reported using their phones in some capacity during school hours and handling their phones around 13 times during the average school day. Dozens of states have introduced legislation to limit or outlaw cellphone use in schools, and as of October, nine states had enacted measures in 2023 or 2024. State education agencies or state boards of education similarly enacted restrictions in that period. Brian Maher, state education commissioner, presented the results of a survey of superintendents in 218 school districts between October and November, where more than 80% of respondents said they already had a policy related to cellphone use. Nebraska has 245 school districts. Of current policies, more than half were enacted in the past three years because of mental health, academic performance, teacher input and student safety. About 26% of responding districts prohibited phones during school hours and 56% limited use, allowing it at times such as during lunch or passing periods. No policies allowed free use of phones. Maher said the time is right to take a stance on cellphone use in schools. 'We stand ready to assist with the implementation in any way that you might see fit,' Maher testified. Former State Sen. Colby Coash, a registered lobbyist for the Nebraska Association of School Boards, was one of two testifiers against LB 140. Coash said school board members are aligned and understand the connection between cellphone usage and school performance, but he noted a few concerns, such as how to enforce the phone prohibition at general school functions. State Sens. Dan Lonowski of Hastings, a retired teacher, and Jana Hughes of Seward, a substitute teacher, similarly asked how the legislation would apply to outside events such as wrestling matches or basketball games, for example. Nebraska Attorney General Mike Hilgers said 'school function' was not intended to apply to extracurricular activities outside the regular school day. Instead, part of the goal was to cover field trips. Hilgers said his office is open to technical amendments and will offer some of its own. Marley asked that lawmakers remove extracurricular activities from the bill and prohibit suspensions or permanent marks on a student's record just for a cellphone violation. 'We are all addicted to our phones, and research can show this, so we need some patience and grace,' Marley said. Pillen has regularly said his stance is no cellphones during the school day, from morning to afternoon. Coash said if that's the goal, lawmakers should clarify the bill. 'If that's the way it is, I don't know if we're any further ahead with the bill from where the current state of affairs is,' Coash said. 'But that's a policy decision for the Legislature.' Another desired change from Hilgers, Coash and Tim Royers, president of the Nebraska State Education Association representing public school teachers, was to remove the individual approach for teachers and create a more uniform approach statewide. Coash said some school districts have tried the individual teacher-led approach and quickly abandoned it. Royers said that a recent statewide survey of thousands of teachers found that for 80% of respondents, student behavior was indicated as a top barrier to a teacher's ability to do their job. However, it wasn't fear of physical violence, Royers said, but the need to address cellphones. Michael Geist of Lincoln, a teacher of 24 years, said he has prohibited cellphones in class for two decades. It got him a reputation compared to other teachers who had different policies, he said, but his approach led to decreased failures and more engagement. Royers and Geist said that consistency is key, and Royers said that success requires community buy-in. Royers praised the proposed legislation for protecting local control and prioritizing stakeholder feedback. Geist said the legislation 'levels the playing field' and could improve behaviors. 'Taxpayers, including parents, expect students to be learning, not to be immersed in electronic communication with peers,' Geist said. Tyler Mosher, a senior at Elkhorn South High School, said she got a phone when she was around 9 or 10 years old, largely for her safety, she said, as the daughter of a police officer. Tyler said she enjoys her share of social media, such as scrolling through Instagram Reels, or texting and calling friends, and she uses her phone as a tool. She said the concern is when that 'tool' becomes a 'weapon.' This includes negative self-image, online or in-person bullying, decreased social interaction and diminished attention spans, Tyler said. 'If we overuse something or use something improperly, anything can come from a tool to become a weapon,' Tyler said. 'And that's what we're seeing today. That's what we're seeing across Nebraska, nationwide and, unfortunately, I've seen it in my school with my friends.' Tyler pointed to her 13-year-old cousin who just got a phone for her birthday. Tyler said she's worried that young students like her cousin won't be able to put their devices down in the future. Hilgers and Pillen have said the focus is mental health. Pillen testified that he should have pushed for the bill two years ago, when he became governor, because if adults know how much technology is impacting them, 'just think how it touches our kids.' 'The evidence, in my view, is crystal clear: Our kids are being harmed by their constant exposure to these things,' Pillen said. 'If we can't have a presence with our kids, how on earth can you teach?' he continued. Hilgers, a former state senator, said the legislation would be a win for all involved, including parents, children, teachers and parents. He said he hasn't let his oldest child, at 13 years old, have a phone, and he's OK being the 'bad guy.' 'If I can be the bad guy for all the kids in the State of Nebraska, I'm happy to do that,' Hilgers testified. Committee members similarly spoke in favor of the legislation, such as State Sen. Danielle Conrad of Lincoln, a pragmatic progressive who has often clashed with Pillen or Hilgers. She said she looks forward to working with both on the legislation. 'It doesn't matter if you're a Democrat or Republican or an independent,' Conrad told Pillen. 'We're all struggling to find the right balance for technology in our lives, and particularly as parents when it impacts our kids.' State Sen. Megan Hunt of Omaha said she can tell schools are getting more digital, with fewer worksheets or textbooks coming home for her child. Hunt voiced some caution about whether students could quickly access phones in emergencies, such as during school shootings. Hilgers said he is open to working on Hunt to make sure those emergencies are addressed. Conrad described the bill as the 'exact kind of problem-solving' that the state should be focused on, telling Hilgers it could help students 'take a deep breath' and be more immersed in learning. Pillen told Conrad: 'We are open to amending language to ensure that we can have bipartisan support.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
