Option enrollment expansion proposed

The Education Committee considered a bill Feb. 25 that aims to expand student option enrollment policies.

LB557, introduced by Omaha Sen. Christy Aremendariz, would remove current limits on option enrollment — which allows a student to attend a school outside of their district — by allowing students to submit an application to transfer school districts anytime during the school year, and as often as they choose. Current law restricts student use of option enrollment to no more than three times.

In addition, school districts would no longer be allowed to charge transportation fees to option students. The measure also would eliminate a school district’s ability to deny enrollment options for anything other than standards that include random selection processes.

Under the bill, if option enrollment is denied, a student would be eligible to apply for a $2,500 education support payment from the State Department of Education, which parents could use at their discretion for education-related expenses.

LB557 would empower parents by giving them more control, Armendariz said, allowing them to adjust a child’s educational environment when they believe it is in the child’s best interest.

“Families should be empowered to make the education decisions that work best for their children,” Armendariz said. “LB557 prioritizes the needs of each child by working to ensure that they can access the best education experience available in an open enrollment policy.”

An amendment brought by Armendariz to the committee hearing would clarify students’ eligibility for the $2,500 education support payment. Students would qualify for the payment if:

● they were rejected for option enrollment;
● their family’s household income is at or below 180% of the federal poverty level; or
● the student is assigned to a district that performed in the lowest 25% of schools statewide during the prior school year.

Shannon Pahls testified in support of the proposal on behalf of a national organization that she said advocates for a “family-first approach” to education.

Higher-performing schools often correlate with higher home prices, Pahls said. For instance, she said, a study by real estate broker Redfin found that homes in areas with top-rated schools are, on average, $50,000 more expensive than those near lower-rated schools.

“This price differential really acts as a major barrier to families, even though no students should be denied access to a school that works for them simply because of where their family can afford [to live] or their family’s socioeconomic status,” Pahls said.

Nicole Fox also supported the bill on behalf of the Platte Institute. Allowing children to attend their preferred public school ensures that every child, regardless of their economic background, can access quality education, she said.

Tim Royers, president of the Nebraska State Education Association, opposed the measure.

LB557 would prevent school districts from considering capacity when reviewing open enrollment applications, Royers said, which could result in larger class sizes and decreased academic performance. He said the measure also would provide access to what he described as a “back door voucher” program that could be “easily gamed.”

Representing Stand for Schools, Daniel Russell also testified against the measure. Requiring school districts to accept students whose needs they cannot meet provides little benefit, he said.

“If a school district cannot serve the students who apply for option enrollment — whether because of a special education program capacity, general classroom capacity or simply the fire code — it does Nebraska students no good to require their open enrollment into such district,” Russell said.

The committee took no immediate action on LB557.