Nebraska Supreme Court lets voters decide fate of school choice law [View all]

LINCOLN — The Nebraska Supreme Court on Friday left voters with the choice about the future of the latest remake of a scholarship or voucher program to help families offset the costs of private K-12 education.

The court unanimously decided, 7-0, that the ballot measure seeking to repeal Legislative Bill 1402 was not an appropriation and therefore is subject to the referendum process under the Nebraska Constitution.

“We see no language in Section 1 of LB 1402 making an appropriation at all,” the court wrote in a joint or per curiam opinion. “It is settled law in Nebraska that there can be no implied appropriation…. Appropriations must be expressly stated or directly necessary for the implementation of a statutory provision.”

Attorneys for the mother of a Douglas County student receiving funds under a scholarship program had argued the measure was regular spending by the Legislature and shouldn’t be subject to a vote of the people.




https://www.newsfromthestates.com/article/nebraska-supreme-court-lets-voters-decide-fate-school-choice-law