The story: The nation’s education choice movement suffered its second legal defeat in as many days after the Nebraska Supreme Court on Friday put the fate of a new school choice program in the hands of voters on Nov. 5. 

What it means for families: The ruling and the legal tactics on both sides that led to it, throw the fate of 2,500 low-income families participating in a scholarship program that lawmakers approved to start in 2023 into uncertainty until after the November election. 

Zoom in: In its ruling, the court rejected supporters’ arguments that the bill, LB 1402, which lawmakers passed as a strategic move to replace a previously approved program and keep it off the ballot, was a state appropriation and therefore exempt from a referendum. The bill was concurrently approved with LB1402A, a separate but related appropriations bill that set aside $10 million to pay for the program. However, education choice opponents purposely omitted the appropriations bill when crafting the language for the referendum. Without LB1402A, the court said, the bill was not an appropriation nor exempt from referendum. 

"L.B. 1402 makes no appropriation at all, the Secretary of State has no duty to withhold the referendum based on an alleged violation of article III, § 3." the supreme court opinion said. 

Catch up quick: Nebraska lawmakers approved the state’s first school choice program in 2023. It was funded by tax credits and available only to low-income families. Choice opponents fought back by gathering enough signatures to put it on the ballot for repeal. (Nebraska law allows this for bills that do not involve appropriation.) State Sen. Lou Ann Linehan, a longtime education choice champion, then moved to block the referendum by sponsoring a bill for a second program that would repeal and replace the tax credit program. Opponents gathered enough signatures to let voters decide whether to repeal that bill. A scholarship parent then filed a lawsuit asking the state Supreme Court to keep the second bill off the ballot, arguing that it was exempt because it was intertwined with a state appropriation on a second bill. Opponents left the spending bill off the petition. The high court said because the spending bill wasn’t included, the measure wasn’t exempt from a referendum.  

What they’re saying: “This ruling puts Nebraska school choice in jeopardy, which is unfortunate: Nebraska families need more power, and the state more freedom, Neal McCluskey, director of Cato Institute’s Center for Educational Freedom, posted on X.  

A rough week for ed choice: The Nebraska high court ruling comes two days after the South Carolina Supreme Court tossed out the state’s fledgling education savings account program as unconstitutional. The court’s majority said an education savings account program violates the state constitutional ban on direct aid to private schools even though funds go to families who make individual choices. The decision leaves nearly 3,000 families scrambling to find options as the state’s education department halted tuition payments to private schools. 

Add South Carolina to the list of states whose education choice scholarship programs are facing court challenges. 

The state teachers’ union, along with the state NAACP and six parents, has asked the state Supreme Court to overturn South Carolina’s new private school law, which the state General Assembly approved six months ago. S.39 established an education trust fund that grants $6,000 to children from families with household income levels at or below 200% of the federal poverty line. Qualified families can use the money to pay for qualified education expenses, including private school tuition, public school services, tutoring or curriculum.

Plaintiffs argue the program violates the state Constitution’s prohibition against the direct funding of private and religious schools. They also say the program violates the constitutional requirement that the state provide “a system of free public schools open to all children,” allocates public funds without a sufficient public purpose; and impermissibly expands the constitutionally defined authority of the state superintendent of education, whose Department of Education will administer the program. 

 Supporters of the newly enacted program, including the Palmetto Promise Institute, say it is “clearly constitutional,” just like existing state programs that give funds to students attending private higher education institutions and pre-kindergarten programs. 

“All students from pre-kindergarten through college, particularly those of low and moderate income, deserve the right enjoy private education options where public options may not fit their needs,” the think tank posted on X, formerly known as Twitter. 

State Education Superintendent Ellen Weaver supported school choice during her 2022 campaign and is named as a defendant. She promised to “fight tooth and nail” to give children access to an education that best fits their needs.  

“Opponents of expanding opportunity couldn’t win at the ballot box, lost in the legislature and now are asking the courts to overrule the will of the people,” she said in a statement. “It’s not surprising, but it’s disappointing.” 

Echoes of Alaska: The plaintiffs’ main argument is like one being made about an Alaska program that is facing a court challenge. Plaintiffs in that state say an allotment program, which functions like an education savings account, violates Alaska’s constitutional ban on programs that directly benefit private institutions. Attorneys for the Institute for Justice, which is representing three Alaska parents and defending the program, argue that the funds directly benefit only the families, who can choose from among a wide variety of options. However, a broad interpretation that bars the program based on the possibility of families spending money at private institutions puts the state Constitution “on a collision course” with the U.S. Constitution. 

Alabama: Judge Gene Reese issues a stay on his own injunction against the Alabama Accountability Act school choice program (AL.com, Montgomery Advertiser, redefinED, American Federation for Children). The decision to lift the injunction takes uncertainty away from low-income families (AL.com). Jeff Reed, public relations director for the Friedman Foundation, says school choice thrives in the state even with the lawsuit (One News Now).

Arizona: Eileen Sigmund, president of the Arizona Charter Schools Association, and Glenn Hamer, the association's vice chairman, say charter schools provide some of the best education in the state and are still looking to improve (Arizona Republic).

Connecticut: Education leaders in Bridgeport drop the idea of suing the state over approving six charter schools in the area after the city attorney says the district has no basis for a lawsuit (Stamford Advocate).

Delaware: Lawmakers debate education savings accounts (JayPGreene.com, Choice Media, Education Week). The News Journal editorial board supports school choice if parents pick charter schools but not if parents want vouchers or education savings accounts to choose private schools.

Florida: The Florida PTA, state teachers union and Florida NAACP urge the governor to veto a school choice bill that includes expansion of tax credit scholarships (the scholarship program is administered by Step Up For Students, which co-hosts this blog). (Tampa Bay Times, Orlando Sentinel).

Idaho: Terry Ryan, president of the Idaho Charter School Association, says over 19,000 children attend charter schools in the state, making support for it a winning proposition for elected Republicans (Idaho Education News). (more…)

Alabama: Scott Beaulier, chair of the Economics and Finance Division at Troy University, says there is a large body of evidence supporting vouchers but the U.S. Department of Justice and others keep getting in the way (AL.com). The Alabama Education Association spent $7 million to defeat school choice and education reform supporters (Associated Press).

Colorado: A new study on public school transfers shows middle- and upper-class students are more likely to request transfers to another public school than less affluent students (Education Week). ACE Scholarships releases a study on the impact of scholarships on students in the state (Ediswatching.org).

Connecticut: Education leaders in Bridgeport complain that the expansion of charter schools is hurting the district's ability to predict student enrollment and estimate a budget (Connecticut Post).

D.C.: District lawyers claim a charter school funneled millions to a for-profit company to do work that charter school officials were already doing (Washington Post).

Delaware: A new bill will allow the Delaware Board of Education to restrict charter schools to geographic areas and by grade and academic emphasis if the board deems the charters will affect nearby public schools (Delaware Online). Republicans propose a voucher program allowing full scholarships for Free and Reduced Price Lunch students and 25 percent scholarships for students in families earning up to $110,000 annaully (WDDE 99.1 FM).

Florida: Palm Beach County wants a special property tax to fund arts education but the new tax won't benefit the 13,000 students attending charter schools in the county (Sun-Sentinel). McKay Scholarships offer special needs students a way to find a different school that works well for them, but Fund Education Now, a group suing to enforce school uniformity, wants special ed students to have the exact same standards, instructions and method of teacher training at all schools (Sun-Sentinel). The state's graduation rate improves (Education Week, redefinED). (more…)

Alabama: A state judge struck down the tax credit scholarship program on procedural grounds while ignoring the teacher union claims that the program violated separation of church and state (Montgomery Advertiser, Education Week, AL.com, WAFF, Watchdog). Lawyers for the state and parents file a motion to lift the injunction against the program (AL.com). Parents and teachers react to the judge's ruling (WSFA 12). Judge Reese, who declared the tax credit scholarship program unconstitutional, is a Democrat and has thwarted Republicans on education issues in the past (AL.com). Katherine Green Robertson, a senior policy counsel for the Alabama Policy Institute, says the court decision was a political attack on students and school choice (AL.com).

California: Campbell Brown spotlights Vergara v. California, where nine students are suing the state over education policies they argue worsen quality (The Daily Beast).

Colorado: A group opposing education vouchers takes their case to the state Supreme Court (Chalkbeat).

D.C.: A proposed bill will make it easier for children of charter school teachers to enroll where their parents work (Washington Post).

Florida: The first proposed charter school conversion in Broward County awaits approval (Miami Herald). A group amends a 2009 adequacy lawsuit to include McKay Scholarships, tax-credit scholarships and charter schools as culprits for the alleged under-funding of public schools (Orlando Sentinel, redefinED). The Florida League of Women Voters release a report critical of charter schools (Jacksonville Free Press, Orlando Sentinel, Tampa Bay Times). Charter school advocates call the report "flawed" (Palm Beach Post). Henry Fortier, the superintendent of Catholic schools for the Orlando Diocese, says school choice doesn't pit private schools against public schools (Orlando Sentinel). Leaders in Pinellas County react to changes in the law including the expansion of school choice in the state (Tampa Tribune). School choice critics ask the governor to veto the new laws expanding school choice in the state (WJHG).

Illinois: The Chicago Tribune hosts a debate between school choice supporters and opponents (Huffington Post). The senate votes to require charter schools to accept special needs and English language learners (Sun Times).

Indiana: A group opposing vouchers and charter schools previews a documentary to teachers, union members and school administrators (Muncie Free Press). Enrollment at Indiana Cyber School doubles but the school is still in debt (Trib Town).

Kentucky: Jim Waters, president of the Bluegrass Institute, says charter school critics shouldn't focus on administrator salaries when some school districts have more employees making over $100,000 a year than the state capitol (Times-Tribune).

Louisiana: The last five traditional public schools in New Orleans close their doors for good (Washington Post, Joannejacobs.com). Gov. Bobby Jindal roasts President Obama over many issues including parental choice (Times-Picayune). The House votes 73-15 to allow students to transfer out of  lower-performing schools (New Orleans Business Journal). Test scores for voucher students improve (Times-Picayune). (more…)

Alabama: Cameron Smith, vice president of the Alabama Policy Institute, shows readers the students who benefit from the Alabama Accountability Act (AL.com).

Arizona: Gil Shapiro, a spokesman for FreeThought Arizona, says parents can't be trusted to home-school or choose a good school for their child (Arizona Daily Star). Linda Thomas, a member of the Oracle School Board, says parents can be trusted to pick a good school (Arizona Daily Star).

California: Larry Aubry at the Los Angeles Sentinel says charter schools are civil rights failures because they are more segregated than traditional public schools. Avery Bissett, a student at Chapman University, says vouchers would provide the state an inexpensive experiment on how to improve public education (Orange County Register).

D.C.: Scott Pearson, director of the D.C. Public Charter Schools Board, says charter schools have helped to improve public school performance (Washington Post).

Georgia: During a debate among Democratic candidates for the open state school chief position, state Rep. Alisha Thomas Morgan said she will "buck the Democratic party for the best interest of children" and supports charter schools and tuition tax-credit scholarships (Atlanta Journal-Constitution).

Florida: Denisha Merriweather, a former tax-credit scholarship student, tells her story (redefinED). Ron Matus, the editor of redefinED, dispels the myths surrounding the tax-credit scholarship program (Pensacola News Journal). Scott Maxwell, a columnist for the Orlando Sentinel, says public schools lose when students are allowed to transfer to private schools. Chris Guerrieri, a middle school teacher in Jacksonville, opposes private school vouchers because students aren't forced to attend private schools (St. Augustine Record).  Jac Wilder VerSteeg, a journalist based in Palm Beach County, says parents don't know best when it comes to their own child's education (Sun-Sentinel). The Orlando Sentinel reaches out to readers and finds 51 percent support expanding school vouchers. Two private schools have been barred from receiving McKay vouchers for reporting students that never enrolled (Miami Herald). Virtual learning labs become more popular in Lee County (NBC 2). Education leaders in Miami-Dade approve what may become the state's largest charter school (Miami Herald). (more…)

Arizona: Amy Silverman, a journalist at the Phoenix New Times, says charter schools lead to segregation for special needs students (note: the state has two private school scholarship programs for special needs students).

California: All candidates seeking to fill a vacant school board seat in Los Angeles agree on the value of public charter schools (LA School Report).

Florida: Sherman Dorn, a professor at Arizona State, ponders why there has been no constitutional challenges to the Florida Tax Credit Scholarship Program or the state's other voucher programs. The American Civil Liberties Union is filing a complaint to stop single gender schools (redefinED). State Impact looks at some of the research on single gender schools. U.S. Rep. Dan Webster, R-Orlando, explains why he supports charter schools (Sunshine State News). The Duval County School District may lose up 3 percent of its total enrollment to charter schools over the next decade (Florida Times-Union).

The Legislature sends the tax-credit scholarship expansion bill to Gov. Rick Scot (Heartlander). The teachers union asks the governor to veto it  (Orlando Sentinel, Tampa Bay Times). A record-setting 100,000 students have started applications for tax-credit scholarships (redefinED). Chris Guerrieri, a public school teacher and education choice opponent living in Jacksonville, makes many negative claims about parental choice and Step Up for Students (which co-hosts this blog) (Gainesville Sun, Pensacola News-Journal).

Georgia: The Atlantic Public School District is negotiating a compact with local charter schools to encourage collaboration (WABE Public Radio). The number of charter schools that must hold admission lotteries grows as waiting lists increase (The Telegraph).

Louisiana: A bill to allow students in low-performing public schools to transfer to higher-performing schools advances (Associated Press). Traditional public and charter schools in New Orleans look to expand the use of technology in the classroom (Hechinger Report). U.S. Sen. Mary Landrieu, a Democrat, supports charter schools and believes every child should have the right to attend one if they wish (CNN). Two bills that would negatively impact charter schools fail to pass out of committee (The Advertiser). Kenyatta Collins, a high school student attending a charter school in New Orleans, says her school focuses too much on discipline and not enough on academics (Time). (more…)

Arizona: A former school teacher criticizes the state superintendent of public instruction for his support of Common Core and school choice (East Valley Tribune). The Sierra Vista Herald editorial board says the state superintendent's support of ESAs hurts public schools. Applications for Empowerment Scholarship Accounts doubles (Heartlander). The Arizona Republic editorial board opposes allowing public funding to go to private schools, especially now that the state support for ESAs exceeds the state support for public schools (note: the editorial board's calculation excludes local support for public schools). A consultant at a scholarship organization is indicted for stealing $529,000 in scholarship money (Arizona Republic).

California: Vanila Singh, a professor and physician at Stanford University and congressional candidate, says school choice is the key to student success (Mercury News). The California Charter Schools Association has sued the West Contra Costa School District for withholding tax revenue intended to fund charter schools (Contra Costa Times). Charter schools struggle with online assessments (FSRN Radio).

D.C.: Two charter schools allegedly under federal investigation for possible discrimination say they have never received a complaint from a student or parent (Washington Post). President Obama sends his daughters to Sidwell Friends, an elite private school that refuses to release information on student course completion and graduation rates (Washington Post).

Florida: The tax-credit scholarship expansion will allow the program to serve higher-income families (Education Week, Tampa Tribune, WJHG TV). More low-income families will benefit from the tax-credit scholarship program if the Governor signs the bill into law (Florida Times-Union). The state  passes the nation's second education savings account program (Foundation for Excellence in Education). Daphne Cambell (D-Miami-Dade) says she voted to expand the program because giving poor kids more options is the right thing to do (Miami Herald). The Tampa Tribune editorial board says the scholarship expansion is justified because every student deserves to find a school that works well for them. Brian Tilson, owner of a communications firm in Boca Raton, says the scholarships are unpopular and are hurting public schools (Gainesville Sun). Ron Matus, the editor of redefinED, says more progressive Democrats support parental choice (Gainesville Sun). The scholarship program helps families afford Jewish day schools (Chabad News). State Impact talks with Sen. John Legg about the legislative session including the passage of the scholarship bill. Marc Yacht, a retired physician, say charter schools should be more regulated and held to the same standards and rules as traditional public schools (Sun Sentinel).

Georgia: The Southern Education Foundation helps file a suit to overturn the state's tax-credit scholarship program (Watchdog). A former reporter sends her daughter to a charter school and says each school is so different it is difficult to compare them to each other let alone public schools, and that is a good thing (Atlanta Journal Constitution). (more…)

Arizona: Former state Sen. Tom Patterson says school choice is opposed by unions because the unions feel school choice threatens jobs for adults (East Valley Tribune). An advancing bill will allow special needs kids to have access to Empowerment Scholarship Accounts without having to get approval from school districts first (Associated Press).

Florida: The tax credit scholarship expansion bill that was killed in the senate gets new life (Miami Herald). A bill that would allow education savings accounts and an expansion of the tax-credit scholarship program advances out of the House Appropriations Subcommittee on a party line vote (redefinEd, Orlando Sentinel, Miami Herald, WFSU, Associated Press, The Florida Current). There has been a genuine surge in applications for tax credit scholarships, so much so that processors stopped keeping a waiting list for fear of creating false hope. (redefinED). Valerie Strauss says there was never a wait list for the tax-credit scholarship program (Washington Post).

Lawmakers look to make opening charter schools easier (WPTV) and give charter schools access to unused school district buildings (redefinED). A bill to allow school choice students to participate in extracurricular activities at a local public school advances unanimously through three committees (redefinED). One out of every 10 students in Palm Beach now attend a charter school (Palm Beach Post).

Illinois: The Chicago Tribune editorial board says the state should expand charter school authorizers and not eliminate the new Charter School Commission.

Kansas: Republicans remove a tax-credit scholarship proposal from the education funding bill (Witchita Eagle).

Kentucky: The state senate passes a bill which would allow low-performing public schools to be converted to charter schools (Education Week).

Louisiana: The Lafayette Charter Foundation says charter schools are public schools (The Advertiser). Charles Lussier of The Advocate, says the state's charter schools have been strong performers but new schools in Baton Rouge must must be better.

Massachusetts: Hundreds of parents protest the expansion of charter schools (Boston Globe). Charter school supporters want to lift the state cap on charters (Salem News). A bill to expand the number of charter schools in the state fails to meet a deadline (Education Week, Milford Daily News). (more…)

Alabama: A bill advances to increase the individual tax credit for donations to private scholarship organizations (Montgomery Advertiser).

Alaska: Vic Fischer, a former delegate to the Alaska Constitutional Convention, opposes any amendment that would allow public funds for private and religious schools (Alaska Dispatch). A bill to allow the public to vote on such an amendment is pulled from the Senate (Alaska Dispatch).

Arizona: A plan to expand Education Scholarship Accounts advances in the legislature (Arizona Republic, Fox News). A special needs parent says public schools work great for her child and she worries that giving options to parents who aren't satisfied will make her child's education worse (Arizona Daily Star).

California: The court rules against Rocketship Education, arguing the Santa Clara County School Board cannot override local zoning ordinances to place charter schools (San Jose Mercury News). The CEO of the California Charter School Association says completion rates for college preparatory coursework is twice as high in Oakland-area charter schools than in local district schools (Contra Costa Times). A CREDO report reveals LA area charter schools outperform traditional district schools (KPCC 89.3).

Colorado: School choice critics in Jefferson County might want to tone down their rhetoric, according to columnist Vincent Carroll (Denver Post).

D.C.: Eight education groups apply to open new charter schools (Washington Post).

Florida: The Tampa Tribune editorial board argues in favor of expanding tax credit scholarships. The Miami Herald editorial board says tax credit scholarships drain public school funding. Columnist Frank Cerabino says tax credit scholarships don't help the poor (Palm Beach Post). The Ocala Star Banner editorial board says the state should increase funding to public schools before funding private scholarships. Doug Tuthill, president of Step Up for Students, says tax-credit scholarships help poor students and are functionally no different to a neighborhood school's budget than a magnet or IB school (Palm Beach Post). Watchdog writes up the proposed expansion bill. The Jewish Leadership Coalition lobbies for tax credit scholarships for Jewish Day Schools (Jewish Journal). Nan Rich, a Democrat candidate for governor, blasts current Gov. Rick Scott and primary challenger Charlie Christ over their support for school choice (Sunshine State News). The state Senate advances a bill that would encourage military bases to explore charter schools (redefinED, Tampa Bay Times). Duval County School District may soon allow open enrollment for all public schools in the district (Florida Times-Union, First Coast News, Florida Times Union). Florida Virtual School holds a demonstration at the state Capitol (WCTV). A charter school in Miami-Dade opens a junior college on the campus (Miami Herald). The League of Women Voters draws criticism for opposing school choice and other issues (Tampa Tribune). Tax Credit Scholarships, ESAs and charter schools are among the bills being considered by the state legislature (Miami Herald). The Florida Tax Credit Scholarship cap may  triple in size over the next five years and if it does, so will the state allowances to scholarship granting organizations (Palm Beach Post).

Idaho: The House passes a tax credit scholarship bill (The Friedman Foundation). (more…)