Aaron Sanderford
LINCOLN — A years-long fight over the future of Nebraska’s scholarship or voucher programs to offset the costs of a private K-12 education could be headed to court.
Latasha Collar, the parent of a Douglas County student receiving what the State of Nebraska called an Opportunity Scholarship to attend a school of her choosing, sued the state on Thursday.
Her filing asks the Nebraska Supreme Court to stop Secretary of State Bob Evnen from letting general election voters decide the future of a program Collar wants to help pay for her daughter’s schooling.
She told the Examiner in April that she needed to find a better fit for her daughter than her local public school. After getting an Opportunity Scholarship, Collar said, her daughter was “excited to go to school again.”
No immediate comment
Her lawyer declined to comment Thursday, referring the Examiner to two filings asking the Court to skip the District Court step because of timing, with early voting starting next month.
Evnen must finalize the November ballot Sept. 13. The Nebraska Supreme Court has not yet decided whether to take up the lawsuit.
The lawyer and local school-choice advocates said Collar had no immediate comment. The lawsuit’s key argument echoes statements by the law’s author, State Sen. Lou Ann Linehan of Omaha.
Collar’s lawsuit argues that voters couldn’t revoke a law that appropriates funds for state expenses, saying that is prohibited by Article III, Section 3 of the Nebraska Constitution.
“It seeks to invoke the power of referendum to repeal an act, or a portion thereof, that makes an appropriation for the expense of state government or a state institution existing at the time of the passage of such act,” the lawsuit says.
LB 1402 created direct appropriation
Linehan’s Legislative Bill 1402, passed this spring, is the latest version of a law that shifted a tax credit program for private education into a direct appropriation, partly to nullify a previous ballot initiative.
Because of this change, Support Our Schools organized a second petition drive to get a referendum on LB 1402 onto the fall ballot.
Evnen announced Thursday that he had certified the measure for the ballot.
Linehan spent much of her eight years in the Legislature advocating for a scholarship program that in other states has often been the first step toward a broader school voucher program.
Linehan declined to comment Thursday. Other advocates said they were glad a parent had sued to protect an option thousands of families have sought.
Jeremy Ekeler, executive director of Opportunity Scholarships of Nebraska, recently said that “the momentum for school choice continues to grow in Nebraska and across the country.”
“OSN proudly serves hundreds of Nebraska parents like Latasha, who simply want the best educational setting for their children,” Ekeler said in a statement. “We applaud her courage.”
LB 1402 sets aside $10 million a year to fund scholarships or vouchers for private school students. Collar’s lawsuit argues this is a government appropriation for K-12 education.
Another attempt to avoid a vote
Local advocates for public schools disagree, with Tim Royers, the new president of the Nebraska State Education Association saying this is the latest attempt to prevent voters from weighing in on LB 1402.
“This is very consistent for them. They have used every trick possible to try and stop a vote of the people on whether we should have public dollars going to private schools,” Royers said.
Royers said attorneys for public school defenders were prepared to argue that the petition they ran purposefully chose not to repeal the separate appropriation bill passed with LB 1402.
The former government and civics teacher said his read of the Nebraska Constitution’s limits on ballot initiatives is meant to keep people from defunding a state agency or state business.
Defenders of LB 1402 have argued that polling showing majority support for repealing the school choice law is fed by misinformation from public school advocates.
Some choice advocates say the families needing other options are worth the fight. Public school advocates say voucher programs eventually erode state funding available for public schools.
The Nebraska Supreme Court has already scheduled oral arguments Monday for three lawsuits on competing abortion-related initiatives, in the closing weeks of the window for pre-election changes.