Nebraska Court to Rule on Private School Funding Ballot Measure

In a pivotal moment for Nebraska's education system, the state's Supreme Court is poised to make a crucial decision regarding voters' ability to weigh in on a controversial private school funding law. This development comes amidst a complex legal and political landscape, highlighting the ongoing debate over public funds for private education.

The Nebraska Supreme Court, established in 1854, heard arguments on September 10, 2024, concerning a lawsuit challenging a referendum initiative aimed at repealing the new private school tuition funding law. This case underscores the state's unique position as the only U.S. state with a unicameral legislature, a system that has been in place since Nebraska's statehood in 1867.

At the heart of the controversy is the potential action of Nebraska Secretary of State Bob Evnen. Despite certifying the repeal measure for the ballot just days ago, Evnen has indicated he may decertify it unless explicitly ordered by the court to maintain its ballot status. This situation has raised concerns about the integrity of the certification process and the potential limitation of voter rights.

The legal challenge centers on whether the referendum violates the state constitution's prohibition on voter initiatives to revoke legislative appropriations. Tom Venzor, representing a beneficiary of the new law, argues that it does, while Daniel Gutman, advocating for the referendum, contends that the ballot question appropriately targets the program's creation rather than the appropriations bill.

This debate is taking place in "The Cornhusker State," where agriculture, particularly corn production, forms the backbone of the economy. The state's motto, "Equality Before the Law," seems particularly relevant in this case, as it touches on issues of educational equity and voter representation.

"I think that his threat of revoking the decision threatens the credibility of certification generally. Our frank concern is that if this court dismisses this case for lack of jurisdiction, or basically on a procedural ground, that there will be a decertification issued on Friday afternoon and there simply will be no time."

The situation in Nebraska mirrors a recent event in Missouri, where the state's Supreme Court had to intervene after the Secretary of State attempted to decertify a ballot measure related to abortion rights. These incidents highlight the delicate balance between administrative power and voter rights in the democratic process.

The private school funding issue has a complex history in Nebraska. Public school advocates have twice successfully gathered signatures for ballot initiatives, first in response to a tax credit-based funding scheme in 2023, and again in the summer of 2024 after lawmakers replaced the original law with direct funding from state coffers.

Nebraska's approach aligns with other conservative Republican states such as Arkansas, Iowa, and South Carolina, which have implemented various forms of private school choice programs. This trend reflects a broader national debate on education funding and school choice.

As the Nebraska Supreme Court deliberates, the outcome will not only affect the state's education landscape but also set a precedent for the power of voter initiatives and the role of administrative officials in the democratic process. With the deadline for setting the November ballot rapidly approaching on September 13, 2024, the court's decision carries significant weight for Nebraska's voters and the future of education funding in the state.