Support Our Schools submitting petition to repeal private school scholarship program

Support Our Schools Nebraska submitted a referendum petition to the Secretary of State aiming to repeal the recently-passed law requiring the state treasurer to create education scholarships for private schools.

LB1402 passed in the legislature earlier this month. It repealed the Opportunity Scholarships Act passed in 2023, which had created a dollar-for-dollar tax credit for donations to private school scholarships. In its place, $10 million will go to the state treasurer to establish a scholarship program.

The Support Our Schools petition would only ask voters about repealing section one of LB1402. That part of the bill established the $10 million allocation to the state treasurer to create the scholarship program. The remaining sections, including the part repealing the Opportunity Scholarship Act, would stay in effect.

Tim Royers, president-elect of the Nebraska State Education Association and sponsor of the petition, said they chose to only focus on the first part because the Secretary of State hasn’t clarified whether the question to repeal the Opportunity Scholarship Act, LB753, would stay on November’s ballot.

“This is a partial repeal,” Royers said. “We are not seeking to fully repeal 1402. We are only seeking to repeal section one of the bill.”

State Sen. Lou Ann Linehan spearheaded the effort to pass LB1402. She said in a release that she isn’t surprised by the petition, and the scholarship program helps families pick the best school for their child.

Jeremy Ekeler is the executive director for Opportunity Scholarships of Nebraska, which is one of the scholarship granting organizations created with the Opportunity Scholarship Act. He said in a statement that repealing LB1402 would directly impact families looking for school choice.

“In the short time since it’s been in effect, the Opportunity Scholarships Act (LB753) has been a beacon of hope for hundreds of families across the state of Nebraska,” Ekeler said. “Because we speak to parents daily about the need for educational options, we’re certain the education scholarships provided in the new law, LB1402, will do the same. A threat to repeal LB1402 is a direct threat to these families and their children’s future.”

According to Opportunity Scholarships of Nebraska, over 1,500 students have applied for a scholarship with the organization across the state, with 53% of those students being from urban areas and the remaining 47% from rural areas.

Support Our Schools said LB1042 is an attempt to go around their petition drive from last summer to repeal the Opportunity Scholarship Act.

Royers said he hopes they can start circulating petitions next week, but it depends on when the Secretary of State gives them the OK.

“From the moment that bill passed final reading, I have gotten calls every single day asking where they can sign.”

The organization is delivering the petition paperwork to the Secretary of State this afternoon. The organization would have until mid-July to collect signatures from at least 5% of the voters in 38 counties to get the referendum on the ballot.