Nebraska voters to decide fate of school choice tax credits in 2024

LINCOLN, Neb. — One of Gov. Jim Pillen’s signature legislative issues is now going to the voters after enough signatures were collected to put tax credits for school choice on the ballot.

The Secretary of State said the petition drive to repeal LB753 collected enough valid signatures to place it on the 2024 general election ballot, which will allow voters to decide of the Opportunity Scholarships Act should be retained or repealed.

At least 61,308 signatures were required and in August public school supporters submitted 117,145 signatures, nearly twice the required number.

“The overwhelming success of this petition sends a clear message to the Governor and state lawmakers: Nebraskans want to vote on the issue of diverting public tax dollars to pay for private schools,” said Jenni Benson, a sponsor of Support Our Schools Nebraska and president of the Nebraska State Education Association. “This was a decisive victory and the first step to ensure public funds are used to support public schools, not private schools. Nebraskans cannot afford to pay for two school systems. Now we redouble our efforts to inform Nebraskans of the harm LB 753 will cause if it is not repealed.”

The law was approved by the legislature and signed into law by Gov. Jim Pillen who had strongly supported the measure. LB 753 creates tax credits that encourage people to donate to private schools. Those dollars would then be awarded as scholarships in a five-tiered approach generally based on income. During debate, supporters said it's a way to give families more choice.

“This is not about tax credits this is about letting parents send their child to a school that is most appropriate for them,” said Sen. Rick Holdcroft of Bellevue.

However others argued it will divert public dollars to private schools.

The state constitution does not allow public dollars to go directly to private schools. The new law allows individuals, estates and corporations to donate to nonprofits that support private schools.

“This is not going to harm public education one bit. Currently we dedicate $1 billion to schools," said State Sen. Tom Briese during debate in the legislature.

Education groups launched a petition drive to challenge the law.

“Time and again, voters across the country have rejected voucher schemes, which have proven to be expensive, unaccountable, and ineffective. Next November, the nation’s eyes will be on us, but Nebraskans know better. We saw the devastating consequences of privatization on our child welfare system, and we won’t let that happen to our public schools, which are some of the best in the nation and the heart of our communities,” said Connie Duncan, board president of Stand For Schools, a nonprofit dedicated to advancing public education in Nebraska.

In the coming days, the Attorney General will create the ballot language for the measure. In the fall of 2024, state election staff will schedule three public hearings about the measure and create informational pamphlets that will be available to voters at county election offices.

More information about the complete initiative and referendum petition process can be found on the Nebraska Secretary of State’s website under the Elections tab.