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Voters Tuesday appeared to be on track to repeal the state law passed in April that directed state funds to private school scholarships.
The votes to repeal LB1402 were leading by about 16% Tuesday night in unofficial results, which would mark a major victory for the state’s teachers union and a setback to advocates of the scholarship program.
Tim Royers, president of the Nebraska State Education Association, said state lawmakers should take the results to heart.
“We’re really hoping that they’ll listen to their constituents, who are sending a pretty clear message tonight. They don’t want this. And if they don’t listen, I think we’ve demonstrated over this multi-year effort that we won’t back down. And if we have to do this fight again, we will do this fight again.”
The law allocated $10 million a year in state money for scholarships to help qualifying students attend private and parochial K-12 schools.
State Sen. Lou Ann Linehan of the Omaha area, who introduced both LB1402 and a prior bill since repealed, LB753, aimed at creating scholarship tax credits for private school tuition, said she’s not giving up on school choice for Nebraska.
She said younger generations of parents believe in having choices, and advocates of school choice must convince doubters that they can have both strong public schools and choice.
“What we have to do going forward is convince people, convince Nebraskans, that we can do both,” she said. “We can help all kids.”
A year from now, Linehan said, thousands of children who received scholarships under the two bills, and their parents, could help sell choice by testifying to its value.
The repeal won’t cause them to lose their scholarships this school year, she said.
Supporters of the law had argued that it empowered families, particularly those of modest means, to choose the school that is the best fit for their child.
Teachers unions from Nebraska and across the country poured money into the repeal campaign, while a national school-choice group helped fund the effort to retain the law.
Opponents argued the law diverts money to private and parochial schools that otherwise could support public schools.
The law would, they said, drain millions in funding from public schools and other public services. Costs would “balloon” over time, school funding would be cut and property taxes would go up.
In addition, they said private and religious schools are not held to the same transparency and accountability standards as public schools when it comes to how the money is spent or who gets to attend.
A group called Support Our Schools Nebraska, spearheaded by the Nebraska state teachers union, collected signatures that put the LB1402 repeal on the ballot.
As of Oct. 28, the group had spent the past year and a half and almost $5 million fighting separate legislative attempts to introduce school choice in Nebraska.
The group emerged in 2023 to oppose to LB753, which established dollar-for-dollar tax credits to individuals and entities making donations to scholarship funds intended to help students attend private or parochial schools.
Support Our Schools launched a petition drive to repeal that law, but before that could go on the ballot, lawmakers passed the newer LB1402, with a different approach to scholarships, in its place.
Lawmakers passed the LB1402 appropriation 32-14 on the last day of the 2024 legislative session. It was signed into law April 25 and went into effect July 18.
Daily Nebraskan photographers Emma DeShon (left) and Izzy Lewis send photos to their news desk during a Democrat election night watch party Tuesday at the Delray 817.
Lincoln City Council member Justin Carlson (from left), Liz Ring Carlson, Lancaster County Commissioner Christa Yoakum and her husband John Yoakum, a member of the Lower Platte South Natural Resources District board, chat during a Democrat election night watch party Tuesday at the Delray 817.
Lincoln City Council member Justin Carlson (from left) and Liz Ring Carlson speak with Lancaster County Board Commissioner Christa Yoakum during a Democrat election night watch party Tuesday at the DelRay 817.
Joanna Davis-Yoakum wears earrings encouraging people to vote during a Democratic watch party on Tuesday at DelRay 817.
Members of the Lancaster Democratic Party congregate during an election night watch party Tuesday at DelRay 817.
Chelsea Richardson (center right) points to a board projecting election results to Kyle Carson (right) both of Lincoln, at a Dan Osborn watch party at Embassy Suites in La Vista on Tuesday.
Incumbent state Sen. Carolyn Bosn of Lincoln (center) talks with her mother Debbie Curry of Columbus (right) at a Republican election night watch party on Tuesday at the Cornhusker Hotel.
Sen. Jana Hughes of Seward (left) talks with incumbent Sen. Beau Ballard of Lincoln at a Republican election night watch party on Tuesday at the Cornhusker Hotel.
District 27 legislative candidate Dawn Liphardt of Lincoln attends a Republican election night watch party on Tuesday at the Cornhusker Hotel in Lincoln.
Republicans, including Auditor Mike Foley, attend a Republican election night watch party on Tuesday at the Lincoln Marriott Cornhusker Hotel.
Susanne Shore looks on her husband, U.S. Sen. Pete Ricketts, speaks during a Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday.
Cardboard cutouts of Tim Walz and Kamala Harris are set up at a Democrat watch party Tuesday at Delray 817.
Benita Casas wears a cat mascot head while enjoying a Democrat election night watch party on Tuesday at Delray 817.
Democratic Party members congregate around a photo area with cardboard cutouts of Tim Walz and Kamala Harris during an election night watch party Tuesday Delray 817.
Michael Marcheck poses for a portrait in front of a photo area during a Democrat election night watch party Tuesday at Delray 817.
Chris McCoy (left) and Laura Heine chat during a Democrat election night watch party on Tuesday at Delray 817.
Rep. Adrian Smith speaks during a Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday.
U.S. Sen. Deb Fischer talks to supporters during a Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday. She won her bid for a third term.
Rep. Don Bacon talks to supporters during a Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday.
Independent U.S. Senate candidate Dan Osborn speaks to University of Nebraska-Lincoln students at the UNL City Union on Tuesday.
Independent U.S. Senate candidate Dan Osborn speaks to University of Nebraska-Lincoln students at the UNL City Union on Tuesday.
Independent U.S. Senate candidate Dan Osborn speaks to University of Nebraska-Lincoln students at the UNL City Union on Tuesday.
Independent U.S. Senate candidate Dan Osborn speaks to University of Nebraska-Lincoln students at the UNL City Union on Tuesday.
Independent U.S. Senate candidate Dan Osborn speaks to University of Nebraska-Lincoln students at the UNL City Union on Tuesday.
Independent U.S. Senate candidate Dan Osborn speaks to University of Nebraska-Lincoln students at the UNL City Union on Tuesday.
University of Nebraska-Lincoln political science sophomore Leo Sabbini gets ready to make a phone call next to 1st District Rep. Mike Flood at U.S. Sen. Deb Fischer’s campaign office on Tuesday in Lincoln.
U.S. Sen. Pete Ricketts (from left) and 1st District Rep. Mike Flood talk with U.S. Sen. Deb Fischer as volunteers make calls at a phone bank drive at her campaign office on Tuesday in Lincoln.
First District Rep. Mike Flood and U.S. Sen. Deb Fischer talk with supporters at her campaign office on Tuesday in Lincoln.
U.S. Sen. Pete Ricketts (left) talks with Sen. Deb Fischer at Fischer’s campaign office on Tuesday in Lincoln. The two stopped by to talk with volunteers on Election Day as they made calls to voters.
U.S. Sen. Pete Ricketts talks with supporters at Deb Fischer’s campaign office on Election Day in Lincoln.
U.S. Sen. Deb Fischer talks with supporters at her campaign office on Tuesday in Lincoln. Volunteers were making phone calls to voters on Election Day.
U.S. Sen. Deb Fischer and 1st District Rep. Mike Flood carry pizzas for volunteers making phone calls at Deb Fischer’s campaign office in Lincoln on Election Day.
U.S. Sen. Deb Fischer (right) talks with supporters, including Darlene Starman of Lincoln, at her campaign office on Tuesday in Lincoln.
U.S. Sen. Deb Fischer (left) and 1st District Rep. Mike Flood talk with volunteers at Deb Fischer’s campaign office on Tuesday in Lincoln.
Voting stickers are available on a table to voters at Redeemer Lutheran Church in Lincoln on Tuesday.
Chris McCollister (left) votes along with others Tuesday at Redeemer Lutheran Church in Lincoln.
Lake Schulke casts her vote on Tuesday at Redeemer Lutheran Church in Lincoln.
A cutout of Jesus watches over voters on Tuesday at Redeemer Lutheran Church in Lincoln.
Voters cast their ballots Tuesday at Redeemer Lutheran Church in Lincoln.
Katie Goeling (right) fills out her ballot while her son Gunner, 4, holds her hand during Election Day on Tuesday at St. Paul’s Lutheran Church in Malcolm.
Katie Goeling (left) fills out her ballot while her son Gunner, 4, holds her hand during Election Day on Tuesday at St. Paul’s Lutheran Church in Malcolm.
Katie Goeling (center) fills out her ballot while her son Gunner, 4, holds her hand during Election Day on Tuesday at St. Paul’s Lutheran Church in Malcolm.
Election official Bob Snider works during Election Day on Tuesday at St. Paul’s Lutheran Church in Malcolm.
Toussaint Barrett votes Tuesday at F Street Community Center in central Lincoln.
Abigail Webb votes on Tuesday at F Street Community Center.
People line up to vote Tuesday at F Street Community Center in central Lincoln.
Rep. Mike Flood speaks during a Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday.
Rep. Mike Flood speaks during a Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday.
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