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Sen. Lou Ann Linehan of Elkhorn found 33 votes to invoke cloture on her priority bill (LB1402), which she said provides more education options for K-12 students in Nebraska.

LB1402 then passed 32-14, which is one vote short of the amount needed to immediately go into effect when Gov. Jim Pillen signs it.

When it takes effect this summer, a provision of LB1402 sunsets a tax credit (LB753) for donors to private school scholarships passed in 2023, which will render a referendum on that law moot.

Linehan, who has unsuccessfully tried to remove the referendum from the November ballot, has previously characterized LB1402 as an "end run" around the voters, who she says were misled into signing a petition.

The term-limited lawmaker who chairs the Revenue Committee said Nebraska already has "school choice" for families who have the option to move their child between the state's 244 public school districts, or can afford tuition at a private school.

But that option isn't available to many lower-income Nebraskans, Linehan said, which can lead some to be stuck in schools that might not be a good fit for them.

"The only people we decide shouldn't have choice are low-income people," she said. "How can that be fair?"

Omaha Sen. Justin Wayne, the only registered Democrat to vote for the bill, said a vote for LB1402, which is a direct appropriation for private school scholarships, is "a different issue" from the tax credit targeted by the referendum.

"What I heard on the floor last year was, 'It's a tax credit for the rich,'" said Wayne, who is term-limited this year. "This is a direct appropriation, this is a different issue. That is why I'm 100% comfortable voting on this issue."

The American Federation for Children celebrated the passage of LB1402 on Thursday, calling it a "transformative school choice bill" that gives Nebraskans access to education options.

"Today's passage of LB1402 is a massive victory for families who want and deserve better options for students," said Tommy Schultz, the school choice organization's CEO. "Children in the state will reap the dividends of (Linehan's) tireless work for years to come."

Opponents of LB1402, reiterating arguments made when the bill advanced through the first two rounds of debate last week, said Thursday they believed Nebraskans should have a say on the matter.

"Please do not deny Nebraskans the right to vote," Sen. Carol Blood said. "Who are you to ignore the referendum petition?"

The Bellevue senator, who is also term-limited, said if the Opportunity Scholarships Act was as good as its backers claimed, that they should welcome a chance to allow voters to weigh in on the matter.

"If this is such a great idea, and you've told us over and over and over again it's a fantastic idea, and anybody who is against it is wrong, then why are we scared to take it to a vote?" Blood added.

Sen. Wendy DeBoer of Bennington said the Legislature should respect the voice of Nebraskans, often referred to as the "second house" in Nebraska's unique one-house legislative system.

DeBoer also said she opposed "putting public dollars into private schools" as a solution to fixing Nebraska's education system.

"When a government gets involved in something, after a time of giving money to something, it wants control," DeBoer said. "Private schools, by remaining privately funded, retain control."

Omaha Sen. John Fredrickson said he spoke with several voters — both those who supported LB753 as well as those who were opposed — who voiced concern that the Legislature would take away the people's ability to vote on the issue.

"People are paying attention to this," Fredrickson said.

The Nebraska State Education Association, which was one of the lead organizations on the petition to repeal the law, called LB1402's passage "a slap in the face to voters" in a statement Thursday afternoon following the vote.

"More than 117,000 Nebraskans signed the successful referendum petition to have voters decide the issue on the November ballot," NSEA President Jenni Benson said. "We will continue the fight to ensure voters' wishes on this issue are heard and respected."

Benson said Support Our Schools, of which she is a member, could launch another petition to put the issue before voters this November, or challenge the bill's constitutionality in the courts.

Support Our Schools is planning a rally at 9 a.m. on Saturday morning at the Capitol to support public schools and oppose LB1402.