Law & Courts

Nebraska Court Halts Omaha Breakup Plan

By Michele McNeil — September 26, 2006 4 min read
  • Save to favorites
  • Print

A controversial state plan to break up the Omaha, Neb., public schools into three districts, largely along racial and ethnic lines, and join the entire metropolitan area in one united “learning community” has hit a major roadblock.

Douglas County District Judge J. Michael Coffey last week granted a temporary halt to the new state law, which is designed to force the Omaha metropolitan area’s 11 suburban and urban school districts to share finances, tax levies, and resources, and devise a plan to better integrate their schools.

The most disputed aspect of the package is a plan that would divide the Omaha district into three smaller districts based on existing attendance boundaries at the start of the 2008-09 school year. The result, opponents say, would be one mostly black, one mostly Latino, and one mostly white district. Within the 11-district learning community, however, students would be free to attend any school. (“Nebraska to Break Up Omaha District,” April 19, 2006.)

But now, the entire law is on hold.

The first meeting of the governing body of the new learning community was to take place last week, but the meeting was canceled. Now that a preliminary injunction has been granted, both sides in the lawsuit will await a full trial on the case.

“This is a huge issue. This could change the complexion of education for Omaha,” said Rebecca Valdez, the executive director of the Chicano Awareness Center, which sued the state and metro-area school districts to stop the implementation of the plan. “I think it’s going to be a long road.”

NAACP Is ‘Delighted’

The case in state court doesn’t deal with the broader, more complex issue of whether the law and the breakup of the Omaha schools amounts to state-sanctioned segregation in violation of the U.S. Constitution. The National Association for the Advancement of Colored People is fighting that battle in federal court. (“NAACP Suit Challenges Breakup of Omaha Schools,” May 24, 2006.)

NAACP Assistant General Counsel Victor Goode said in a statement last week that the association’s legal team is evaluating how the Omaha judge’s order may affect the federal lawsuit. Nevertheless, he said, “the NAACP is delighted that Judge Coffey … stopped this problematic law from going into effect.”

The key issues in the state case involve the voting structure of the new learning community, and whether it was constitutional for legislators to single out the Omaha district for a breakup when they approved the law earlier this year.

Judge Coffey ruled that those two aspects were troubling enough to halt the law, at least for now.

Because each of the 11 districts is given one vote on the governing council, a small district has the same power as a large one. So the 719-student Bennington public schools, which is 96 percent white according to the Nebraska Department of Education, would have one vote, just like the 46,000-student Omaha school system, which is about 44 percent white, 31.5 percent black, and 21 percent Latino—at least until the proposed breakup.

The plaintiffs argue the voting structure is unconstitutional because it doesn’t adhere to the principle of one person, one vote.

“This dilutes our voice,” Ms. Valdez said.

For a measure to be passed by the learning community’s governing board, however, the law stipulates that votes must represent at least one-third of the public school enrollment in the 11-district community, which comprises the districts in Douglas and Sarpy counties.

Opponents of the law also argue that it violates the Nebraska Constitution’s ban on special or local legislation that applies to only one entity—which in this case is the Omaha school system.

Big Issues

A legislator who helped craft the bill says both arguments are meritless.

Lawmakers designed the voting structure so one district couldn’t run the entire learning community, and small districts wouldn’t be irrelevant, said state Sen. Ron Raikes, who is the chairman of the Senate education committee.

As to the other argument, he said, Omaha wasn’t technically singled out. The breakup, he said, applies to any Class V district, as defined by enrollment, and Omaha is the only Class V district.

BRIC ARCHIVE

Sen. Raikes said the larger issues of race and power are overshadowing what the law is meant to do: bring about tax and education reform while improving integration in a city that’s struggled with racial isolation and related issues among its urban and suburban areas.

“The big change here is now the entire metro area has to come together to address all of these issues. That’s what’s significant,” Sen. Raikes said. “We’re at the forefront.”

He pointed to parts of the law that require the districts in the learning community to come up with integration plans—or face being dissolved altogether. In addition, the community will have open enrollment, so students can attend any school they want, he said.

If there’s fine-tuning to be done, Sen. Raikes said, lawmakers are willing to tackle that in January, when they return for their next legislative session.

Omaha school officials think the law is unconstitutional, but agree that Omaha’s metro-area educational leaders need to get together—though without the legislature forcing them to do so.

“OPS continues to call for all superintendents to have a dialogue,” said Elizabeth Eynon-Kokrda, a lawyer for the Omaha Public Schools. “They should be able to do this in the normal course of business, to talk about underlying issues—to talk about curriculum, finances, and integration.”

A version of this article appeared in the September 27, 2006 edition of Education Week as Nebraska Court Halts Omaha Breakup Plan

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Screen Time and AI: An Evidence Playbook for School Leaders
Get a clearer picture of the current policy landscape, a framework for evaluating new tools, plus language to use in the next board meeting.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP