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

Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.
School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
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
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

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 Supreme Court Orders New Review of Religious Exemptions to School Vaccines
The U.S. Supreme Court ordered a new look in a school vaccination case and declined to review library book removals.
6 min read
A U.S. Supreme Court police officer walks in front of the Supreme Court amid renovations as the justices hear oral arguments on President Donald Trump's push to expand control over independent federal agencies in Washington, D.C., on Dec. 8, 2025.
A U.S. Supreme Court police officer walks in front of the court amid renovations in Washington, on Dec. 8, 2025. The court took several actions in education cases, including ordering a lower court to take a fresh look at a lawsuit challenging a New York state law that ended religious exemptions to school vaccinations.
J. Scott Applewhite/AP
Law & Courts Supreme Court to Weigh Birthright Citizenship. Why It Matters to Schools
The justices will review President Trump's bid to end birthright citizenship, a move that could affect schools.
4 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington.
President Donald Trump signs an executive order to on birthright citizenship in the Oval Office on Jan. 20, 2025. The U.S. Supreme Court will consider the legality of Trump's effort to limit birthright citizenship, another immigration policy that could affect schools.
Evan Vucci/AP
Law & Courts 20 States Push Back as Ed. Dept. Hands Programs to Other Agencies
The Trump admin. says it wants to prove that moving programs out of the Ed. Dept. can work long-term.
4 min read
Education Secretary Linda McMahon appears before the House Appropriation Panel about the 2026 budget in Washington, D.C., on May 21, 2025.
Education Secretary Linda McMahon appears before a U.S. House of Representatives panel in Washington on May 21, 2025. McMahon's agency has inked seven agreements shifting core functions, including Title I for K-12 schools, to other federal agencies. Those moves, announced in November, have now drawn a legal challenge.
Jason Andrew for Education Week
Law & Courts A New Twist in the Legal Battle Over Trump's Cancellation of Teacher-Prep Grants
A district court judge says she'll decide if the Trump administration broke the law.
4 min read
Instructional coach Kristi Tucker posts notes to the board during a team meeting at Ford Elementary School in Laurens, S.C., on March 10, 2025.
Instructional coach Kristi Tucker posts notes to the board during a team meeting at Ford Elementary School in Laurens, S.C., on March 10, 2025. The grant funding this training work was among three teacher-preparation grant programs largely terminated by the Trump administration in its first weeks. Eight states filed a lawsuit challenging terminations in two of those programs, and a judge on Thursday said she couldn't restore the discontinued grants but could rule on whether the Trump administration acted legally.
Bryant Kirk White for Education Week