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Oct 20, 2023

Nebraska's first school choice bill headed to Gov. Jim Pillen's desk

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Nebraska lawmakers made another big decision as they sent the first school choice bill to the governor.

LB 753, or the Opportunity Scholarship Act, passed 33-11.

The measure provides dollar-for-dollar tax credits if you donate to religious and private school scholarships.

You'll be limited to either $100,000 or half of what you owe in income taxes.

The entire pot is capped at $25 million a year, although that may go up to $100 million in 10 years.

Supporters called it a historic day, while opponents worry public schools will pay the price.

"Forty-eight states have school choice. Forty-eight — North Dakota and Nebraska are the only ones without school choice. So, it must be working somewhere," state Sen. Lou Ann Linehan said.

She sponsored the bill and similar ones for the past five years. After the vote, she was greeted with applause in the Rotunda by Catholic school students from St. John's in Lincoln and Holy Name in Omaha.

"We want to say thank you to Sen. Linehan and all of the senators who have been supporting school choice and taking these courageous votes for kids like these so that they have the opportunity to find a school that best fits their needs," said American Federation for Children executive director Lauren Garcia.

Linehan was emotional after finally getting a school choice bill passed in the Legislature.

"I'm thrilled for the kids and parents and all the people that want other options," Linehan said.

Opponents like Stand for Schools executive director Dunixi Guereca said they are disappointed.

"What Nebraskans have shown is a deep love for their school. Today is an unfortunate day in which senators weren't listening to their districts," Guereca said.

Nebraska State Education Association executive director Jenni Benson said lawmakers decided that money is more important than children.

"We have allowed the rich to dictate that they need tax credits to do something that's right," Benson said.

She said individuals and businesses can already get tax deductions. Benson is vowing a petition drive to repeal the measure.

"Sixty-four percent of the people that were surveyed do not support this. And we believe that our taxpayers will speak in a ballot referendum to repeal it," Benson said.

Senators opposing the bill argued sending public dollars to private schools violates Nebraska's constitution, worry public schools could get fewer tax dollars, and that the bill contains no anti-discrimination language.

"We are directing government money to institutions that can discriminate," state Sen. John Cavanaugh said.

Supporters pointed to record investments into public education, including a billion-dollar education future fund, increased special education support and property tax relief.

"This is not going to harm public education one bit," state Sen. Tom Briese said.

State Sen. Justin Wayne said the scholarships could help students and families in his community of North Omaha.

"This is not an anti-public school bill. This is a pro-parent bill. This is a bill that gives parents an option to help them give their kid a passport," Wayne said.

Gov. Jim Pillen said the passage of the Opportunities Scholarship Act is a huge step forward to give Nebraska parents more school choice. He said he looks forward to signing the bill.