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School choice: Nebraska’s ‘middle child’

The proverbial “middle child” of this year’s election was the school choice repeal, Referendum 435. Stuck in between major races, like the presidency, U.S. Senate, U.S. House, and the abortion-related ballot initiatives, little attention was given to school choice, unless you are the Nebraska’s teachers union.

So, let’s recap what school choice programs have passed in Nebraska, how the election went down, and what’s next for school choice.

Nebraska school choice programs
Over the last two years, the Nebraska Legislature passed two historic school choice programs. The Opportunity Scholarships Act (LB753) was passed in 2023. It allowed education scholarship funds to be raised through state income tax credits. LB1402 was passed earlier this year. It provided $10 million in state funds for education scholarships to students in need of more educational choices.

After LB753 became law, the teachers union attempted a referendum to repeal the program through a vote of the people. In response, the Nebraska Legislature “sunset” LB753 Oct. 31. By “sunsetting” the program, this thwarted the teachers union’s efforts. Meanwhile, our friends at Opportunity Scholarships of Nebraska worked tirelessly to raise nearly $10 million in tax credits to support students with school choice scholarships.

After LB1402 became law, the teachers union repeated their hostility toward school choice by seeking a referendum against LB1402. There was an unsuccessful attempt to keep the referendum off the ballot through litigation. Meanwhile, our friends at Opportunity Scholarship of Nebraska worked tirelessly with Nebraska State Treasurer Tom Briese to successfully distribute the full $10 million to families in need of education scholarships.

In the last 10 months (prior to Election Day), nearly $20 million in education scholarships have been raised and distributed to families, to ensure parents are empowered with the financial ability to choose a school that is best for their children. What an amazing gift for these families! Every scholarship distributed is a parent and child’s life transformed by school choice, as Jeremy’s column below beautifully conveys.

Election recap
Despite this tremendous success of delivering more than 4,000 scholarships, the teachers union spent around $7 million to launch a full frontal assault on kids and parents. Their goal, bluntly put, has been to take scholarships out of the hands of kids and parents.

In contrast, school choice proponents were busy getting scholarships to kids and changing lives. We were not caught up in fighting the teachers union’s political antics.

The contrast between these two approaches of helping kids get the best education possible is obvious. The former is morally reprehensible, the latter is morally noble.

Since the teachers union faced no opposition in their $7 million electoral efforts, it’s no surprise LB1402 was ultimately defeated by a margin of 57% to 43%.

But, the election will not be the end of the story.

What’s Next?
In the words of “Monty Python and the Holy Grail,” “I’m not dead yet!” Or to be more theological about it: while school choice is resting in the tomb, we hope in its resurrection.

A battle lost must not deter us from the ultimate victory.

The Nebraska Catholic Conference and Opportunity Scholarships of Nebraska, along with other organizations, are fully committed to continued school choice advocacy, because this is what parents and children deserve.

But the voice of NCC and OSN must pale in comparison to the voices of everyday Nebraskans across the state advocating for more school choice through the Nebraska Legislature. We need you to join your voice with the 4,000+ students and parents who have received school choice. Together and by the thousands and tens of thousands, our advocacy can make a significant impact on the path ahead for educational freedom in Nebraska.

As I’ve said many times on the pro-life issue, echoing the words of Father Richard John Neuhaus, I will now say it on school choice: “We must not weary, we must not rest.”

See you in the school choice trenches!

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