Nebraska Lawmakers Set to Block Public Vote on Funding Private School Tuition

Nebraska lawmakers are preparing to pass a bill that could prevent the public from voting on a ballot measure initiated by citizens of the state. This bill sets the stage for a potential prolonged dispute regarding the use of public funds for private school tuition.

The lawmakers are scheduled to conduct a final vote on the bill on Thursday. If passed, this bill will revoke a law passed last year, which aimed to redirect millions in income tax receipts to finance private school scholarships. Instead, the new measure seeks to directly allocate state funds for private school tuition. Consequently, it will effectively hinder voters from repealing the private school funding law, which was slated to appear on the November ballot following a successful petition drive.

Outrage and Personal Impact

Retired Lincoln high school teacher Rita Bennett, who actively participated in collecting petition signatures, expressed her outrage at the lawmakers' plan to circumvent a vote of the people. She emphasized the personal impact of this issue, stating that it's not just about her, but also about many others who view it as a breach of their right to vote.

Angie Lauritsen, a Gretna resident who collected signatures, also highlighted the personal nature of the issue, citing the rejection of her son from a private preschool due to a condition he was born with. She emphasized the positive impact of the public school system on her son's development, making the issue deeply personal for many individuals.

State Sen. Lou Ann Linehan, the author of last year’s law, defended the new bill as providing a choice to families dissatisfied with their public school, particularly those with specific needs such as students experiencing bullying, foster kids, and children of active military personnel or those who have lost a parent in the line of duty.

Law professor Anthony Schutz, however, testified against Linehan's new bill, arguing that it may violate the Nebraska Constitution's prohibition against appropriating public funds to nonpublic schools. He also mentioned the possibility of legal challenges or launching another petition effort to repeal the new bill.

Legal Challenges and Decision on the Ballot Initiative

Facing potential legal hurdles, Linehan attempted to persuade the Nebraska Secretary of State to remove the repeal measure from the November ballot by asserting its unconstitutionality. Although the Secretary of State found the ballot initiative to be legal, the issue was acknowledged to likely be determined in court.

Regarding the decision on the ballot initiative, the Nebraska Attorney General is being consulted, and it is uncertain whether the measure will remain on the November ballot or be removed if Linehan's new bill passes.

Anticipated Opposition and Political Difficulty

If the measure remains on the ballot, it could represent a significant challenge if voters decide against public funds being allocated to private schools. Despite knowing that a good portion of the signatures she collected came from supporters of Linehan's bill, Lauritsen remains ready for the potential fight. Opponents of the bill are also prepared for further action, with Bennett expressing her readiness to collect more signatures or take any necessary steps to challenge the legislation.