Zach Wendling
LINCOLN — Nebraska lawmakers made what likely was a final push Monday before Election Day to save the state’s latest “school choice” program to offset attendance costs at private schools.
State Sen. Lou Ann Linehan of Elkhorn, who sponsored the original Legislative Bills 753 in 2023 and 1402 this year, joined with about 20 of her legislative colleagues to criticize a new ad from the Support Our Schools campaign, which has opposed both of Linehan’s bills. But in the face of a multimillion-dollar advertising campaign, Linehan said opponents are intentionally not matching spending.
“I’m not putting much value on a repeal that was funded by $5 million against no opposition,” Linehan said.
The targeted ad, posted to the campaign’s social media four days ago, shows three men in suits, which the senators took as caricatures of themselves. The men enter a classroom, steal toy blocks from the children, break pencils, knock over dominoes and break a house made of Legos.
“The Legislature’s school voucher bill fails our kids,” a voiceover says.
Linehan herself used Legos at a Monday news conference to demonstrate the issue, placing her left hand on a jug of Legos about a foot high, overflowing with hundreds of blocks, while holding a small cup of about 10 Legos in her right hand.
She said the first represented $5 billion in funds that public schools spend annually from the state, while the other is the $10 million provided to private schools under her legislation.
“The commercials are ridiculous, and they are insulting to the Legislature,” Linehan said.
‘An existential threat’
Tim Royers, president of the Nebraska State Education Association, and Jenni Benson, president of the Support Our Schools campaign, criticized the opponents as rehashing arguments from when the bills passed the Legislature.
Royers, who attended Monday’s news conference, said the decision is in the hands of Nebraska voters. He said the decision is about “a fundamental attack on the integrity of public education within the state.”
“We view this as an existential threat to our capacity to fund our schools in the future,” Royers said. “That’s why we’re committing the resources we are to this.”
As of the campaign’s latest filings, through Oct. 21, the campaign opposing the LB 1402 “education scholarships” raised $4.6 million and spent $4.1 million. LB 1402 provided a direct $10 million to the State Treasurer’s Office to distribute “education scholarships” for students to attend nonpublic K-12 schools.
‘No place in the public discourse’
Much of the news conference focused on allegations in the ad, which lawmakers sought to discredit as “prejudicial,” “in bad taste,” “insulting,” “distasteful” and “disrespectful.” They jointly urged voters to vote to retain LB 1402, as part of Referendum Measure 435.
“Whoever came up with that idea, I’ll be honest, like my mother used to say, should be ashamed of themselves,” said State Sen. Fred Meyer of St. Paul, a former member of the State Board of Education. “That has no place in the public discourse in Nebraska.”
State Sen. Mike Moser of Columbus said “by any measure” state funding is up for public schools. He said the ad was meant to make voters mad. He questioned whether opponents would again spend millions of dollars if similar legislation was reintroduced rather than spending such funds on teacher retirement programs or improving test scores.
“You’re going to have to work with state senators moving forward to try to do the best you can for your schools and for your students,” Moser said. “The Legislature is interested in working with you, but that commercial is over the top.”
Royers said in response: “I thought it was a pretty fun ad. My kids thought it was a pretty fun ad. And candidly, I could run up a bunch of mailers and other ads that I think are far, far worse than an ad with kids in the classroom.”
Multiple speakers, including State Sens. Julie Slama of Dunbar and Justin Wayne of Omaha, criticized Royers on Monday.
“If you’re a dues paying teachers union member, your money is being wasted on advertising like this,” Slama said.
Investments in public education
State Sens. Rob Clements of Elmwood, Rita Sanders of Bellevue and Dave Murman of Glenvil pointed to legislation in the past three years as significant investments in public education.
Clements, chair of the Appropriations Committee, pointed to the “Education Future Fund,” an initial $1 billion investment in 2023.
Sanders noted legislation to increase state special education reimbursement to 80% of costs and $1,500 in “foundation aid” for all public school students.
Murman, chair of the Education Committee, looked at recent legislation to provide $5,000 in grants for first-year educators for each of five years if they stay in the state, as well as $5,000 in funds if educators add endorsements in special education, science, math or technology.
Murman also pointed to rural schools, with at least 140 nonpublic schools partnering with the largest scholarship-granting organization, Opportunity Scholarships of Nebraska.
Public option enrollment
Wayne, an initial critic of Linehan’s legislation eight years ago, turned into a key ally. The former Omaha Public Schools board member has said he isn’t “pro-school choice” but is pro-“I have no other alternative.”
“Break hold of this ancient belief that we’re destroying public education and embrace the idea that we are giving parents and students a chance for a better future,” Wayne said last week. “If we get it wrong, how worse are we right now than what’s happening in my district, where people aren’t graduating and we are filling up prisons with fourth-grade education requirements?”
Wayne has frequently said his northeast Omaha district can’t wait for improvements in the public schools.
Some public school advocates have pointed to “option enrollment,” which allows families to choose a different public school district for their children. The state is spending at least $124 million for the current school year.
But Wayne criticized those arguments, pointed to a new state report indicating hundreds of option enrollment applications were denied, some because of special education needs.
He and other lawmakers have also noted that the state already provides funding for nonpublic schools, such as textbook loan programs, transportation, teacher grants and school safety funds.
Wayne said every family deserves high quality education, “not by chance, but by right.”
Royers said there is always room for improvement in option enrollment and said he is looking forward to an upcoming Education Committee hearing on the topic.
Focus is on ‘a foot in the door’
Benson, who was president of the teacher’s union for the past three years, said she’s watched what happens in other states “once you get a foot in the door” and criticized the goals of billionaires funding the efforts who she said are looking forward to the “decimation of public schools.”
“They let the horse out of the barn, and now they’re all trying to claw it back,” Benson told the Nebraska Examiner. “… If you’ve made the decision to not have accountability, then you’ve made the decision that you shouldn’t have public funds for that.”
Linehan and Royers said if voters reject the legislation Nov. 5, it likely would return in the future.
“I would be surprised that you don’t see more legislation,” Linehan told reporters.
“To us, this is a fundamental issue,” Royers said. “Red line in the sand.”