NFFV Action Request

Upcoming Judiciary

Committee Hearing

Friday, February 24, 2023

1:30 PM, Room 1113


LB341 Remove Immunities from State Agencies on Sexual Abuse

What is LB341 all about?

LB341 would basically remove immunities from state agencies and political subdivisions for sexual abuse issues. Specifically, "The Legislature hereby declares that the state, state agencies, and political subdivisions shall be liable in a similar manner and to a similar extent as a private individual or entity under like circumstances for tort claims arising out of child sexual abuse".

This means public schools could be liable for sexual abuse claims in addition to the abuser. This would be similar to what already exists for private entities.

While private entities like Boys Scouts and the Catholic Church have gotten all the attention, public school educators may be 100 times more likely to abuse a child than a Catholic Priest; see here. Yet there is no recourse for the victim against the public school.

Is this really needed?

Yes. Unfortunately it is. Children are in school for large portions of the days and can be easy prey for individuals with bad intentions. Based on an article by Jessica Chasmar there were 269 K-12 educators arrested on child sex crimes across the US between Jan 1, 2022 through Sep 30, 2022! This, more than likely, is only a small percentage of what's truly happening in our schools. You can see the full article here.

You may ask, is this actually happening in Nebraska? Unfortunate, yes. A former Omaha Public Schools security guard accused of sexually assaulting a child pleaded no contest to first-degree sexual assault in Sarpy County on Tuesday, February 7, 2023.

These articles show there is a problem. How big is the issue?

What is the Iceberg Effect?

The Iceberg Effect, also called the Iceberg Model, is basically a visible (cultural aspects we are aware of) and a larger, unseen (cultural aspects we are unaware of). If you apply the model to the number of child sex crimes occurring in our public schools, the issue becomes even more alarming.

LB341 helps address the unseen 90%.

Did you know?

The Nebraska Department of Education regulates the "Annual Safety Requirements for Schools". Listed in their matrix is "Sexual Misconduct" and "Sexual Harassment". Schools must have policies on both however neither is listed as require training! What good is having a policy if no one is required to be trained? Interestingly, training on Sexual Harassment is shown as "suggested training" for some. Sexual Misconduct is not even listed as "suggested training".

Contrast that to youth coaches and referees. For soccer, as an example, coaches and referees must complete annual sexual conduct and harassment training through SAFESPORT.

Then the question becomes, why are adults with minimal contact with kids required to have SAFE training when adults around kids for long periods of time NOT required to have SAFE training? Educators should in fact have more stringent training and oversight when it comes to sexual misconduct.

A watchful eye

There is an ever increasing push to sexualize kids, making them more vulnerable to sexual predators in our schools. There appears to be efforts to make tracking abusers harder.

There must be accountability in our schools and for administrators to: develop policies, have oversight, provide training, report quickly, and properly handle sexual abuse claims.

Matthew 18:10 "See that you do not despise one of these little ones. For I tell you that in heaven their angels always see the face of my Father who is in heaven" and Ephesians 6:4 “Fathers, do not exasperate your children; instead, bring them up in the training and instruction of the Lord." remind us to treat and educate children with the greatest of care. To do this, we must protect them from evil that lurks.

How to be heard? 

Take action, your voice is powerful make it heard. LB341 committee hearing is scheduled for Friday, February 24, 2023.

How to be heard? Here are three ways:

  • Most EffectiveTestify in person. Going to the Committee hearing and sharing YOUR story with committee member Senators is very impactful. For first time in person testifier here are some helpful hints
  • Very EffectiveSubmit written testimony. If you can't be there in person then submit written testimony. Not sure how to do that, click hereNote; written testimony needs to be submitted by noon the business day before the committee hearing.
  • EffectiveEmail your position letter to the Committee Senators and CC your own Senator. For a listing of the Judiciary Committee Senators click hereNote; emails need to be sent by noon the business day before the committee hearing. It's not likely these emails will be included in official hearing minutes though there is a better chance Committee Senators will see your comments. You can request they be added to meeting minutes in your email to Committee Senators.

Not sure what to say?

Listed below are thought starters. Build your story around one or two of them. Quantity is not as important as a short heart felt personal story.


Here are three strong arguments to support this strong legislation:

  • There is a push to sexualize children in the U.S. and Nebraska. LB341 adds protections to children by allowing victims of sexual abuse to not only hold the abuser liable but the school as well.

  • With LB341 schools will be forced to place more emphasis on preventing sexual abuse. Currently there is little motivation for the school to do so. They just react to incidents as they happen. There are known incidences where schools and school districts have kept cases under raps so they don't acquire a bad name.

  • If schools are held accountable they will be less likely to allow problem employees to resign without punishments, move to a new school, and repeat the same bad behavior as before.
Board of Directors Team