PREPARED BY: Suzanne Houlden
LB 538 DATE PREPARED: January 28, 2025
PHONE: 402-471-0057
Revision: 00
FISCAL NOTE
LEGISLATIVE FISCAL ANALYST ESTIMATE
ESTIMATE OF FISCAL IMPACT – STATE AGENCIES (See narrative for political subdivision estimates)
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS $253,227 $256,231
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS $253,227 $256,231
Any Fiscal Notes received from state agencies and political subdivisions are attached f ollowing the Legislative Fiscal Analyst Estimate.
The intent of LB 538 is to address and prohibit d iscrimination, including antisemitic incidents, in Nebraska public K-12 schools and
postsecondary institutions.
Section 6 requires that the Coordinating Commission for Postsecondary Education (CCPE) designate a Title VI coordinator who will
monitor discrimination and harassment in public institutions. The coordinator will also be required to investigate all complaints of
discrimination or harassment in public institutions and file an annual report. The coordinator may be required to file complaints with the
United States Department of Education and the United States Department of Justice.
The CCPE believes an attorney would be best suited to perform these investigative duties and would request a 1.0 FTE position,
operating expenses (phone and computer), and travel expenses related to investigations. CCPE e stimates their expenses to total
$115,000 in FY26 and $118,800 in FY27. Expenditures by category are seen in the CCPE fiscal note response.
The Nebraska Department of Education (NDE) reports that a new Program Specialist II would be needed to investigate complaints and
perform related tasks currently performed by the federal government, should LB 538 be enacted for the State of Nebraska.
Expenditures by category are available in NDE’s response, though they note that the amount of work is undeterminable at this time.
NDE reports costs of $138,227 for FY26 and $137,431 for FY27.
The Nebraska State College S ystem, the University of Nebraska system, and the Community Colleges report no additional
expenditures are expected to result from the passage of LB 538.
The Fiscal Office has no basis to disagree with the above responses.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 538 AM: AGENCY/POLT. SUB: Department of Education
REVIEWED BY: Kimberly Burns DATE: 01/31/2025 PHONE: (402) 471-4171
COMMENTS: No basis to disagree with the Department of Education’s assessment of fiscal impact to the agency
from LB 538.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: R EVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 538 AM: AGENCY/POLT. SUB: Nebraska Community College Association
REVIEWED BY: Kimberly Burns DATE: 01/30/2025 PHONE: (402) 471-4171
COMMENTS: The Nebraska Community College Association’s estimate of fiscal impact from LB 538 appears to be
overstated.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 538 AM: AGENCY/POLT. SUB: Metropolitan Community College
REVIEWED BY: Kimberly Burns DATE: 01/30/2025 PHONE: (402) 471-4171
COMMENTS: Agree with Metropolitan Community College’s estimate of minimal to no fiscal impact from LB 538.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 538 AM: AGENCY/POLT. SUB: Nebraska State College System
REVIEWED BY: Kim berly Burns DATE: 01/29/2025 PHONE: (402) 471-4171
COMMENTS: Concur with the Nebraska State College System’s assessment of no fiscal impact from LB 538.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 538 AM: AGENCY/POLT. SUB: Coordinating Commission for Postsecondary Education
REVIEWED BY: Kimberly Burns DATE: 01/29/2025 PHONE: (402) 471-4171
COMMENTS: No basis to disagree with the Coordinating Commission for Postsecondary Education’s assessment of
fiscal impact to the agency from LB 538, but the Title VI coordinator role may not necessarily require the expertise of an
attorney to fulfill its duties.
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 538 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Education
Prepared by:
(3) Brian Halstead Date Prepared:
(4)
1.29.25 Phone:
(5)
402.471.2215
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
$138,227 $137,431
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS
$138,227 $137,431
Explanation of Estimate:
Current requirements of federal civil rights law provide that any recipients of federal funds, whether that be a
state agency, or political subdivision, are required to adhere to the requirements of the civil rights law, including
having a complaint process. The bill appears to have the Legislature enact some of the same federal civil
rights language, and then direct that the NDE investigate any complaints filed involving school districts.
Complaints, investigations, and enforcement of civil rights laws are currently carried out by the federal
government, and not the NDE. If the Legislature enacts the bill requiring the NDE to do this work, then there is
a fiscal impact as indicated to hire a person. However , the amount work is undet erminable at this time.
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Program Specialist II 1 1 66,197 68,348
Benefits………………………………...…… 43,615 44,765
Operating…………………………...………. 22,640 18,370
Travel……………………………………….. 5,775 5,948
Capital outlay…………………...…………..
Aid…………………………………………...
Capital improvements……………………...
TOTAL……………………………… ..... $138,227 $137,431
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 538 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Nebraska Community College Association
Prepared by:
(3) Courtney Wittstruck Date Prepared:
(4)
Jan. 29, 2025 Phone:
(5)
402-471-4685
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
$50,000 $51,500
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS
Explanation of Estimate:
New policy development costs plus additional training and development amount to an estimated $10,000 per
college per year plus a 3% YoY increase.
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Benefits………………………………...……
Operating…………………………...……….
Travel………………………………………..
Capital outlay…………………...…………..
Aid…………………………………………...
Capital improvements…………… ………...
TOTAL……………………………… .....
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 538 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Metropolitan Community College
Prepared by:
(3) Brenda Schumacher Date Prepared:
(4)
1/29/2025 Phone:
(5)
(531)622-2406
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
0 0 0 0
CASH FUNDS
0 0 0 0
FEDERAL FUNDS
0 0 0 0
OTHER FUNDS
0 0 0 0
TOTAL FUNDS
0 0 0 0
Explanation of Estimate
This bill would have minimal financial impact if any on MCC.
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Benefits………………………………...……
Operating…………………………...……….
Travel………………………………………..
Capital outlay…………… ……...…………..
Aid…………………………………………...
Capital improvements……………………...
TOTAL……………………………… .....
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 538 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Coordinating Commission for Postsecondary Education
Prepared by:
(3) Gary Timm Date Prepared:
(4)
1/27/2025 Phone:
(5)
402.471.0020
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
115,000 118,800
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS
115,000 118,800
Explanation of Estimate:
Section 6 requires the commission to designate a Title VI coordinator that will monitor discrimination and
harassment in public institutions. The coordinator will also be required to investigate all complaints of
discrimination or harassment in public institution and file an annual report. The coordinator may be required to
file complaints with the United States Department of Education and the United States Department of Justice.
The commission believes an attorney would be best suited to perform these investigative duties and would
request a 1.0 FTE position, operating expenses including phone and computer, and travel expenses related to
investigations.
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Attorney II 1.0 1.0 75,000 77,200
Benefits………………………………...…… 37,000 38,600
Operating…………………………...………. 1,500 1,500
Travel……………………………………….. 1,500 1,500
Capital outlay…………………...…………..
Aid…………………………………………...
Capital improvements……………………...
TOTAL………………………………..... 115,000 118,800
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 538 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Nebraska State College System
Prepared by:
(3) Brenda Owen Date Prepared:
(4)
1-27-2025 Phone:
(5)
471-2507
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS
Explanation of Estimate:
No fiscal impact
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Benefits………………………………...……
Operating…………………………...……….
Travel…………………………… …………..
Capital outlay…………………...…………..
Aid…………………………………………...
Capital improvements……………………...
TOTAL……………………………… .....