Law & Courts

Effect of Nebraska’s Racial-Preference Ban Weighed

By Catherine Gewertz — November 14, 2008 4 min read
  • Save to favorites
  • Print

A week after Nebraska voters outlawed racial and gender preferences in hiring, contracting, and public schooling, education leaders there said they don’t expect it to force significant changes in most aspects of school operations.

An education coalition in Colorado, meanwhile, was laying the groundwork to challenge a newly approved constitutional amendment that prohibits those who hold no-bid contracts with state and local governments—including teachers’ unions—from making contributions to candidates or political parties.

Voters’ Nov. 4 decisions on the Nebraska Civil Rights Initiative, which won 58 percent of the vote, and Colorado’s Amendment 54 on contracts, which passed with a still-unofficial 51 percent, were just two of many state and local education-related measures nationwide this fall. (“Education-Related Ballot Items Reflect Fiscal, Policy Concerns,” Nov. 12, 2008.)

Ward Connerly, a former University of California regent known for securing bans on affirmative action in California in 1996, Washington state in 1998, and Michigan in 2006, led efforts to place similar proposals on the ballots in Nebraska and Colorado this year. But Colorado voters narrowly defeated the proposed constitutional amendment in their state, with 50.8 percent rejecting it.

Melissa Hart, a University of Colorado law professor who helped lead that state’s opposition to the measure, Amendment 46, said she was “thrilled” that the state was the first in the nation whose voters rejected a proposed affirmative action ban on a statewide ballot. But she worried that the Nebraska measure could have a “chilling effect” there on programs and practices aimed at improving diversity in schools.

“It is likely to cause people making decisions to put a thumb on the scale against women and people of color because they are worried that it could be litigated,” she said.

Mr. Connerly said the Nebraska initiative would likely have only a minimal effect on K-12 education. But as the measure forces colleges and universities to end race- and gender-conscious practices, it can send a potent message to precollegiate policymakers, he said.

“From higher education, policies often filter down and affect K-12,” he said. “If higher ed believes there is inherent value in diversity, then K-12 tends to parrot that.”

Caution in Hiring?

Jess Wolf, the executive director of the Nebraska State Education Association, a 28,000-member affiliate of the National Education Association, said schools might have to adjust their hiring practices. Because 73 percent of Nebraska’s K-12 teachers are female and 97 percent are white, schools have made efforts to hire more men and build more racial diversity into their teacher corps, he said. About one-quarter of the state’s 287,000 students are members of racial- or ethnic-minority groups.

“Districts in Nebraska have been able to be pretty sensitive to gender and race in hiring to balance their staffs,” Mr. Wolf said. “After this, they will probably have to be a little more cautious.”

Amber Hunter, who oversees diversity recruitment as an associate director of admissions at the University of Nebraska-Lincoln, said that the campus has already retooled outreach to concentrate more on low-income students and those who would be first-generation college students, but it may have to remove ethnicity as one of the criteria in some of its scholarships.

The university’s four-campus system has a minority enrollment of 9 percent.

Brian Halstead, the general counsel for the Nebraska Department of Education, also doubts the constitutional amendment will have much effect on precollegiate education, since the legislature has already taken steps to focus more on socioeconomic status than on race in tackling school equity issues.

He cited the state’s “enrollment option” program, which allows students to attend schools in other districts. School systems once could refuse such students if accepting them would aggravate racial imbalances, Mr. Halstead said. But the legislature has ruled out race as grounds for refusal.

Elizabeth Eynon-Kokrda, the general counsel for the 47,000-student Omaha school system, said its student-assignment plan is already based on children’s socioeconomic status. Whether the district has to change its diversity-conscious teacher-hiring practices will “turn on the precise meaning of the language” in the amendment, she said.

A new equity effort by the state legislature, called the Learning Community, focuses not on race but on decreasing concentrations of poverty in the schools in the 11 districts of metropolitan Omaha, Ms. Eynon-Kokrda noted. Once seated in January, the board of the Learning Community will have as its chief task, she said, the design of a “diversity plan” that aims to have about 35 percent low-income students in any one building, to approximate the overall poverty level in the 11-district region.

In Colorado, meanwhile, a coalition that includes the two statewide teachers’ unions is considering its options for challenging Amendment 54, which prohibits individuals or groups that have “sole source” government contracts worth more than $100,000—those secured without competitive bidding—from contributing to candidates or political parties.

Lynea Hansen, a spokeswoman for the coalition, said the amendment violates teachers’ rights to free speech and petition by “not allowing them a voice” in the political process.

A version of this article appeared in the November 19, 2008 edition of Education Week as Effect of Nebraska’s Racial-Preference Ban Weighed

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
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
Reading & Literacy Webinar
Creating Confident Readers: Why Differentiated Instruction is Equitable Instruction
Join us as we break down how differentiated instruction can advance your school’s literacy and equity goals.
Content provided by Lexia Learning
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
IT Infrastructure & Management Webinar
Future-Proofing Your School's Tech Ecosystem: Strategies for Asset Tracking, Sustainability, and Budget Optimization
Gain actionable insights into effective asset management, budget optimization, and sustainable IT practices.
Content provided by Follett Learning

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 District Can Deny Opt-Outs on LGBTQ+ Books, Court Rules
Religious parents objected to a Maryland district's policy ending opt-outs for elementary school 'storybooks' with LGBTQ+ themes.
5 min read
A pedestrian passes by the 4th Circuit Court of Appeals Courthouse, June 16, 2021, on Main Street in Richmond, Va.
A person walks near the U.S. Court of Appeals for the 4th Circuit's courthouse in Richmond, Va. A panel of the court denied an injunction seeking to restore religious parents' opportunity to opt their children out of LGBTQ+ "storybooks" in a Maryland district.
Steve Helber/AP
Law & Courts Brown v. Board of Education: 70 Years of Progress and Challenges
The milestone for the historic 1954 U.S. Supreme Court decision striking down racial segregation in schools is marked by a range of tributes
12 min read
People mill around the third floor of the Kansas Statehouse in front of a Brown v. Board of Education mural before hearing from speakers recognizing the 70th anniversary of the landmark Supreme Court case on April 29, 2024 in Topeka, Kan.
People mill around the third floor of the Kansas Statehouse in front of a Brown v. Board of Education mural before hearing from speakers recognizing the 70th anniversary of the landmark Supreme Court case on April 29, 2024 in Topeka, Kan.
Evert Nelson/The Topeka Capital-Journal via AP
Law & Courts Republican-Led States Sue to Block New Title IX Rule
A pair of lawsuits focus on the rule's protections for students' gender identity.
5 min read
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus. Four Republican-led states filed a lawsuit Monday challenging the Biden administration's new Title IX regulation, which among other things would codify protections based on sexual orientation and gender identity.
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus. Four Republican-led states filed a lawsuit Monday challenging the Biden administration's new Title IX regulation, which among other things would codify protections based on sexual orientation and gender identity.
Patrick Orsagos/AP
Law & Courts Why It Will Now Be Easier for Educators to Sue Over Job Transfers
The case asked whether transferred employees had to show a 'significant' change in job conditions to sue under Title VII. The court said no.
8 min read
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022.
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. The high court on Wednesday, April 17, 2024, made it easier for workers, including educators, to sue over job transfers.
Patrick Semansky/AP