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Nebraska advances bill citing IHRA definition to address antisemitism in schools; amendment to add other groups fails
Summary
The Nebraska Legislature advanced LB5 38 to E & R initial after adopting committee and sponsor amendments that incorporate the IHRA working definition of antisemitism and require Title VI coordination and reporting. A proposed amendment to add anti‑Black and anti‑Indigenous language was rejected on the floor.
Senators on the floor advanced LB5 38 on Jan. 29, 2026, a bill from Sen. M. Hardin designed to clarify how schools and higher‑education institutions investigate and report discrimination, including antisemitism, by aligning state practice with a widely used working definition.
Hardin, the bill sponsor, told the chamber the measure is meant to accelerate responses to reports of antisemitism and to create clearer, more timely processes at the state level. “The purpose of the IHRA definition … is so that there could be a uniform measurement,” Hardin said, reading portions of the International Holocaust Remembrance Alliance working definition and its contemporary examples.
Debate centered on two floor amendments. Sen. K. McKinney moved AM 18‑66 to expand the bill to explicitly include anti‑Black and anti‑Indigenous harms in the required education and reporting; the amendment failed after a roll‑call vote. Sen. C. Conrad then introduced AM 18‑61, a redrafted framework intended to harmonize the bill with existing federal civil‑rights protections and to reduce the fiscal impact on local institutions; that amendment was adopted. The Education Committee’s amendment (AM 13‑85), which clarifies the bill does not create a new protected class and makes recommended nonmandatory steps for education programs, was also adopted.
Supporters said the bill will create a baseline of data and timelier investigations. “Students have reported that there’s been — that teachers, principals… will witness antisemitic activity going on, spin on their heel, and say nothing,” Hardin said, urging action to ensure complaints are addressed promptly. Opponents raised concerns about free‑speech implications of the IHRA examples and whether criticism of the state of Israel could be treated as discrimination; Sen. S. Hunt argued lawmakers must protect peaceful political expression.
After the adopted amendments, the Legislature advanced LB5 38 to E & R initial. Senators additionally advanced an appropriation vehicle (LB5 38A) for implementation funding. Sponsors said they will continue technical work on definitions and fiscal details on select file.
What’s next: LB5 38 moves to E & R for engrossment and will return on select file for further drafting and fiscal work.
