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Sen. Lou Ann Linehan of Elkhorn talks Tuesday on the floor of the Legislature.
Sen. Danielle Conrad of Lincoln (from left), Sen. Lou Ann Linehan of Elkhorn, and Sen. Anna Wishart of Lincoln share a laugh on the floor of the chamber at the Capitol on Tuesday.
The Legislature gave first-round approval to a proposal funneling $10 million in state tax dollars toward private school scholarships on Tuesday, the final day bills could advance from the first round of debate this session.
Sen. Lou Ann Linehan of Elkhorn, who has championed school choice efforts in Nebraska, was able to secure 33 votes to invoke cloture and advance her priority bill (LB1402) just before 8:45 p.m. on Day 57 of the 60-day legislative session.
The bill, which caps the amount of appropriations given to private school scholarships, later advanced to the second round of debate on a 31-12 vote.
Linehan said the Legislature had made significant investments in Nebraska’s public school system last year, including the $1 billion Education Future Fund, supporting special education, and other efforts, and asked her colleagues to invest what she called “a rounding error” for families who opt to send their children elsewhere.
One thousand students have already applied for an Opportunity Scholarship under an existing program (LB753) that gives tax credits to donors to private school scholarship funds. Linehan said that number is expected to jump to 2,500 later this year.
A bill (LB1402) from Sen. Lou Ann Linehan of Elkhorn appropriates $10 million in state funds to private school scholarship programs. It also replaces the Opportunity Scholarship Act, which created a tax credit program for donors to private school scholarship funds that was the subject of a referendum effort.
Voting yes (31): Aguilar, Albrecht, Arch, Armendariz, Ballard, Bosn, Bostelman, Brewer, Clements, DeKay, Dover, Erdman, Halloran, Hansen, Hardin, Holdcroft, Hughes, Jacobson, Kauth, Linehan, Lippincott, Lowe, McDonnell, Meyer, Moser, Murman, Riepe, Sanders, Slama, von Gillern, Wayne.
Voting no (12): Bostar, Brandt, J. Cavanaugh, M. Cavanaugh, Conrad, Day, DeBoer, Dungan, Fredrickson, Hunt, Vargas, Wishart.
Not voting (5): Blood, Dorn, Ibach, McKinney, Walz.
Excused (1): Raybould.
“I believe if we get these 2,500 students into a school that works for them, you’ll be hard pressed whether I’m here or not to kick those kids out of those schools,” Linehan said.
Linehan’s original bill sought $25 million in state appropriations for scholarships that aid qualifying students to attend private schools across the state, equaling the amount set aside in tax credits passed last year.
That measure was the focus of a referendum led by Support Our Schools Nebraska, which submitted more than 117,000 signatures during a petition drive last summer, more than enough to qualify for the November 2024 general election.
Secretary of State Bob Evnen’s office verified 91,861 signatures – well over the 61,308 needed – and certified the referendum to go before voters this fall.
Opponents to LB1402, which as amended included a provision ending the Opportunity Scholarships program at the end of the year, blasted it as an attempt by Linehan and others to circumvent the will of the voters.
“The voters deserve an opportunity to be heard,” said Omaha Sen. John Cavanaugh, who added the Legislature was injecting itself between the petition process – which is the first right granted to the people of Nebraska under the state constitution – and the election.
Other senators, including Lincoln Sen. George Dungan, said appropriating state tax dollars to benefit private schools likely ran afoul of the state constitution unlike LB753, which provided a tax credit for donations to private school scholarship programs.
While court decisions have found some programs where public money help private institutions incidentally – busing, book exchanges, or postsecondary scholarships – constitutional, Dungan said LB1402 did not fit that mold.
“Where that is different in LB1402 is that when you receive this scholarship, you are applying for it for the purpose of using it purely for a private institution,” Dungan said.
Sen. Dave Murman of Glenvil, the Education Committee chairman, said the Legislature’s support for LB1402 did not detract from Nebraska’s public schools, but rather put parents “back in charge.”
He said the state should support students whether they attend public schools, private schools, or are homeschooled.
“A system with no school choice makes it difficult to care for every single family,” Murman said.
Tuesday’s debate also swerved into some political maneuvering as backers of the bill attempted to evade a filibuster in order to bring an amendment to the floor for a vote.
Linehan, keeping with a practice that started last year, filed procedural motions to her own bill in an attempt to prevent opponents from running out the clock before changes could be made to the bill.
But when she attempted to withdraw those motions, a handful of senators used a new rule adopted this year and objected, allowing them to continue speaking and eating up the clock.
Eventually, with advantageous positions in the speaking queue, supporters of LB1402 began calling the question – sometimes in quick succession – in order to dispense with the procedural motions and take up the substantive amendments.
As the debate reached four hours, the time limit set by Speaker John Arch, Linehan won support for amendments reducing the appropriation from $25 million to $10 million and removing an “escalator,” which keeps spending on the program flat until future lawmakers change it.
Following the vote, members of Support Our Schools Nebraska called the vote by lawmakers “a slap in the face to the 117,415 Nebraskans who signed” the petition last year.
OpenSky Policy Institute, a left-leaning think tank, said the referendum garnered the support of Nebraskans who expected to vote on it this fall.
“They should have their opportunity to weigh in before any changes are made,” said Executive Director Rebecca Firestone.
Jenni Benson, president of the Nebraska School Educators Association, said Support Our Schools Nebraska “will continue the fight to ensure voters’ wishes on this issue are heard and respected.”
“That can include another petition effort and a legal challenge to the constitutionality of this bill,” Benson said.
But the right-leaning Platte Institute applauded lawmakers for advancing LB1402, which it called “a monumental shift away from the outdated, one-size-fits-all approach to education.”
“Every child is unique, with distinct needs, talents, and dreams,” said Jim Vokal, the Platte Institute’s CEO. “This legislation acknowledges that reality by empowering parents with the freedom to choose educational environments that best fit their child’s individuality.”
LB1402 will appear back on the Legislature’s agenda on Wednesday for the second round of debate.
If it advances again, it would come up for the third and final round of consideration on Day 60, which is scheduled for April 18.
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District 35
Raymond Aguilar
Grand Island
Elected 2020
402-471-2617
raguilar@leg.ne.gov
District 17
Joni Albrecht
Thurston
Elected 2016, 2020
402-471-2716
jalbrecht@leg.ne.gov
District 14
John Arch
La Vista
Elected 2018, 2022
402-471-2730
jarch@leg.ne.gov
District 18
Christy Armendariz
Omaha
Elected 2022
402-471-2618
carmendariz@leg.ne.gov
District 21
Beau Ballard
Lincoln
Appointed 2023
402-471-2673
bballard@leg.ne.gov
District 3
Carol Blood
Bellevue
Elected 2016, 2020
402-471-2627
cblood@leg.ne.gov
District 25
Carolyn Bosn
Lincoln
Appointed 2023
402-471-2731
cbosn@leg.ne.gov
District 29
Eliot Bostar
Lincoln
Elected 2020
402-471-2734
ebostar@leg.ne.gov
District 23
Bruce Bostelman
Brainard
Elected 2016, 2020
402-471-2719
bbostelman@leg.ne.gov
District 32
Tom Brandt
Plymouth
Elected 2018, 2022
402-471-2711
tbrandt@leg.ne.gov
District 43
Tom Brewer
Gordon
Elected 2016, 2020
402-471-2628
tbrewer@leg.ne.gov
District 9
John Cavanaugh
Omaha
Elected 2020
402-471-2723
jcavanaugh@leg.ne.gov
District 6
Machaela Cavanaugh
Omaha
Elected 2018, 2022
402-471-2714
mcavanaugh@leg.ne.gov
District 2
Robert Clements
Elmwood
Appt. 2017, elected 2018, 2022
402-471-2613
rclements@leg.ne.gov
District 46
Danielle Conrad
Lincoln
Elected 2022
402-471-2720
dconrad@leg.ne.gov
District 49
Jen Day
Omaha
Elected 2020
402-471-2725
jday@leg.ne.gov
District 10
Wendy DeBoer
Bennington
Elected 2018, 2022
402-471-2718
wdeboer@leg.ne.gov
District 40
Barry DeKay
Niobrara
Elected 2022
402-471-2801
bdekay@leg.ne.gov
District 30
Myron Dorn
Adams
Elected 2018, 2022
402-471-2620
mdorn@leg.ne.gov
District 19
Robert Dover
Norfolk
Appointed 2022
402-471-2929
rdover@leg.ne.gov
District 26
George Dungan
Lincoln
Elected 2022
402-471-2610
gdungan@leg.ne.gov
District 47
Steve Erdman
Bayard
Elected 2016, 2020
402-471-2616
serdman@leg.ne.gov
District 20
John Fredrickson
Omaha
Elected 2022
402-471-2622
jfredrickson@leg.ne.gov
District 33
Steve Halloran
Hastings
Elected 2016, 2020
402-471-2712
shalloran@leg.ne.gov
District 16
Ben Hansen
Blair
Elected 2018, 2022
402-471-2728
bhansen@leg.ne.gov
District 48
Brian Hardin
Gering
Elected 2022
402-471-2802
bhardin@leg.ne.gov
District 36
Rick Holdcroft
Bellevue
Elected 2022
402-471-2642
rholdcroft@leg.ne.gov
District 24
Jana Hughes
Seward
Elected 2022
402-471-2756
jhughes@leg.ne.gov
District 8
Megan Hunt
Omaha
Elected 2018, 2022
402-471-2722
mhunt@leg.ne.gov
District 44
Teresa Ibach
Sumner
Elected 2022
402-471-2805
tibach@leg.ne.gov
District 42
Mike Jacobson
North Platte
Appt. 2022, elected 2022
402-471-2729
mjacobson@leg.ne.gov
District 31
Kathleen Kauth
Omaha
Appt. 2022, elected 2022
402-471-2327
kkauth@leg.ne.gov
District 39
Lou Ann Linehan
Elkhorn
Elected 2016, 2020
402-471-2885
llinehan@leg.ne.gov
District 34
Loren Lippincott
Central City
Elected 2022
402-471-2630
llippincott@leg.ne.gov
District 37
John Lowe
Kearney
Elected 2016, 2020
402-471-2726
jlowe@leg.ne.gov
District 5
Mike McDonnell
Omaha
Elected 2016, 2020
402-471-2710
mmcdonnell@leg.ne.gov
District 11
Terrell McKinney
Omaha
Elected 2020
402-471-2612
tmckinney@leg.ne.gov
District 41
Fred Meyer
St. Paul
Appointed 2023
402-471-2631
fmeyer@leg.ne.gov
District 22
Mike Moser
Columbus
Elected 2018, 2022
402-471-2715
mmoser@leg.ne.gov
District 38
Dave Murman
Glenvil
Elected 2018, 2022
402-471-2732
dmurman@leg.ne.gov
District 28
Jane Raybould
Lincoln
Elected 2022
402-471-2633
jraybould@leg.ne.gov
District 12
Merv Riepe
Ralston
Elected 2022
402-471-2623
mriepe@leg.ne.gov
District 45
Rita Sanders
Bellevue
Elected 2020
402-471-2615
rsanders@leg.ne.gov
District 1
Julie Slama
Sterling
Appt. 2019, Elected 2020
402-471-2733
jslama@leg.ne.gov
Vargas
District 4
R. Brad von Gillern
Elkhorn
Elected 2022
402-471-2621
bvongillern@leg.ne.gov
District 15
Lynne Walz
Fremont
Elected 2016, 2020
402-471-2625
lwalz@leg.ne.gov
District 13
Justin Wayne
Omaha
Elected 2016, 2020
402-471-2727
jwayne@leg.ne.gov
District 27
Anna Wishart
Lincoln
Elected 2016, 2020
402-471-2632
awishart@leg.ne.gov
Reach the writer at 402-473-7120 or cdunker@journalstar.com.
On Twitter @ChrisDunkerLJS
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Sen. Lou Ann Linehan of Elkhorn talks Tuesday on the floor of the Legislature.
Sen. Danielle Conrad of Lincoln (from left), Sen. Lou Ann Linehan of Elkhorn, and Sen. Anna Wishart of Lincoln share a laugh on the floor of the chamber at the Capitol on Tuesday.
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