Background/Footnotes: A Nebraska case was one of two important Supreme Court decisions in the 1920s that affirmed the right of parents to direct their children's schooling. In the first case, Meyer v. State of Nebraska,[1] a private school teacher was convicted of violating the state law that prohibited elementary school teachers from teaching in any language other than English; conviction brought a monetary fine or time in jail. In 1923, the case was heard by the Supreme Court of the United States, which ruled that the statute conflicted with the Fourteenth Amendment and infringed upon both the teacher's rights and the rights of parents "to control the education of their own."[2]

Two years later, the Court's rationale in Meyer v. State of Nebraska was used to support a second, equally important decision. In Pierce v. Society of Sisters,[3] the Court struck down an Oregon law mandating that all children attend public schools. In this decision, Justice James C. McReynolds wrote for the Court that "Under the doctrine of Meyer v. Nebraska...we think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.... The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."[4]

In 1989, Nebraska adopted an open enrollment law, Legislative Bill 183, which permits parents to choose a school outside their district, subject to restrictions of space and legal requirements for racial balance. Under the law, students may exercise their transfer option only once in their academic career (unless the family moves). The law does not address choice of schools within district boundaries, and each district is free to set its own policy. State funds for the transportation of students across district lines are available for all low-income children who qualify under the national free and reduced-price lunch program or who are disabled. A district may provide transportation for free or for a fee to children who are not poor or disabled.[5]

In 1998, Omaha became one of 40 Children's Scholarship Fund (CSF) "partner cities." The CSF is a $100 million foundation created to promote educational options. In Omaha, it matches the money raised by state residents to fund private scholarships for low-income K-8 students to attend a school of choice.[6]

Several choice bills were introduced in 1999. L.B. 385 would have created vouchers of up to $5,000 for low-income students to attend private or parochial schools. The bill died in committee.[7] L.B. 483, the Parent Education Equitable Reimbursement System Act, would have provided state aid to students in non-public schools. Half of the state's funding per public school pupil would have followed a child to the private school; half would have remained within the public school system. L.B. 484 would have provided a tax credit of up to $100 per child in a private elementary school and up to $200 per child in a private secondary school for education expenses. Both L.B. 483 and L.B. 484 also died in committee.[8]

In 2001, L.B. 271, the Elementary and Secondary Scholarship Assistance Act, was introduced to provide state income tax credits of up to $500 for contributions by individuals and businesses to education scholarship programs. The bill died in committee.[9]

State Senator Philip Erdman (District 47) introduced L.B. 534 in 2003 to allow home-school students to participate in public school educational activities or athletics. The bill died in committee.[10]

In 2004, Senator Erdman introduced another bill to allow home-school students to participate in public school educational activities or athletics. L.B. 896 died in Committee.[11]

Legislative Bill 868, introduced in 2004 by Senator Pam Redfield (District 12), declares home-school records "private information." The bill was signed into law on April 15, 2004.[12]

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