The Nebraska Legislature is on track to pass a bill that would avoid a future voting plan that would allow voters to repeal a new state law that allows private school tuition to be paid for with taxpayer funds.
Omaha state Sen. Lou Ann Linehan’s bill, the author of last year’s Opportunity Scholarship Act, advanced to its final round of consideration late Wednesday, just one day after advancing from the first round. This would change the way private school scholarships are funded, which was enacted last year.
The law passed by Nebraska’s formally bipartisan Legislature last year did not directly apply taxpayer dollars to private school tuition. Instead, businesses and individuals would be allowed to donate up to $100,000 a year of their state income taxes to nonprofit organizations that award private school tuition scholarships. Estates and trusts may contribute up to $1 million annually. Each dollar of this tax credit is money that would otherwise go into the state’s general fund.
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The legislation sparked an immediate backlash from public school advocates, who said the bill would negatively impact public school enrollment and, by extension, funding, and prevent tax dollars from going to private schools, which are sanctioned by religious doctrine. He lashed out at the school voucher system, calling it a “school voucher system.” Discriminating against LGBTQ+ students.
These critics organized a petition asking voters to repeal the law, gathering far more signatures than needed to put the question on the November ballot.
Recognizing that voters may reject the new law, Linehan, a Republican, is currently pushing a bill that would fund private school scholarships directly from the state treasury, thereby repealing last year’s law. Any votes for will be void. The move sparked fresh protests from the opposition.
John Heineman delivers a box of petition signatures from Support Our Schools Nebraska to the Nebraska Secretary of State on August 30, 2023 in Lincoln, Nebraska. The Nebraska Legislature is on track to pass a bill that would bypass Nebraska voters and potentially repeal a new law that allows private school tuition to be paid for by taxpayers. (Justin Wang/Lincoln Journal Star, via AP, File)
Jenny Benson, president of the state’s largest teacher’s union and a petition leader, said Linehan’s new bill “is a sign of 11 people who signed a referendum petition to put this issue on the November ballot.” “This is a slap in the face to 7,415 Nebraskans.”
Some lawmakers said Linehan’s new bill violates the Nebraska Constitution, which explicitly prohibits the diversion of public funds to nonpublic schools. Linehan countered that direct funding is based on a 1984 Nebraska Supreme Court decision that allowed state funds to be used for scholarships at public and private universities.
“Voters should have an opportunity to be heard on this matter,” Democratic Sen. John Kavanaugh said during Tuesday’s debate. “I object to the idea that we’re going to step in before the petition process and voters have a chance to be heard.”
Wednesday night’s debate played out much like Tuesday’s, with sponsors of a bill that would give students whose parents can’t afford it the option of attending private school if their public school fails. He said that is the purpose. Opponents argued that voters should have the right to decide whether to set aside public funding for public schools.
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Democratic Sen. Wendy DeBoer said Wednesday night, “Let’s stop trying to repeal the bill once the referendum passes.” “Let the people of Nebraska decide.”
Mr. Linehan’s efforts to amend the bill were not without difficulty. He sharply reduced the amount allocated in last year’s measure using tax credits, allocating $25 million this year and in 2025, and up to $100 million a year thereafter to cover such donations. Assigned. She lowered that amount to $10 million a year to get more votes, but there will be no increase going forward.
She received just enough votes on both Tuesday and Wednesday to end the filibuster and pass the bill. It is likely to pass final deliberation and receive enough votes to pass by the end of the session, April 18, the last day of the session.
