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

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
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
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 Well-Being Webinar
Creating Resilient Schools with a Trauma-Responsive MTSS
Join us to learn how school leaders are building a trauma-responsive MTSS to support students & improve school outcomes.
School & District Management Live Online Discussion A Seat at the Table: We Can’t Engage Students If They Aren’t Here: Strategies to Address the Absenteeism Conundrum
Absenteeism rates are growing fast. Join Peter DeWitt and experts to learn how to re-engage students & families.

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 Allows Trump Admin. to End Teacher-Prep Grants
The high court, over three justices' dissent, granted the administration's request to remove a lower court's block on ending the grants.
5 min read
Erin Huff, a kindergarten teacher at Waverly Elementary School, works with, from left to right, Ava Turner, a 2nd grader, Benton Ryan, 1st grade, and 3rd grader Haven Green, on estimating measurements using mini marshmallows in Waverly, Ill., on Dec. 18, 2019. Huff, a 24-year-old teacher in her third year, says relatively low pay, stress and workload often discourage young people from pursuing teaching degrees, leading to a current shortage of classroom teachers in Illinois. A nonprofit teacher-training program is using a $750,000 addition to the state budget to speed up certification to address a rampant teacher shortage.
Erin Huff, a 24-year-old kindergarten teacher at Waverly Elementary in Illinois, pictured here on Dec. 18, 2019, says low pay, high stress, and heavy workloads often discourage young people from entering teacher preparation programs. The U.S. Supreme Court on April 4, 2025, allowed the Trump administration to immediately terminate two federal teacher-preparation grant programs.
John O'Connor/AP
Law & Courts Groups Sue Over Trump's Cuts to Education Department Research Arm
This suit seeks the restoration of Institute of Education Sciences staff and contracts abruptly canceled by the Trump administration.
3 min read
Supporters gather outside the U.S. Department of Education in Washington to applaud Education Department employees as they depart their offices for the final time on Friday, March 28, 2025. The rally brought together education supporters, students, parents, and former employees to honor the departing staff as they arrived in 30-minute intervals to collect their belongings.
Supporters gather outside the U.S. Department of Education in Washington to applaud Education Department employees as they depart their offices for the final time on Friday, March 28, 2025. Two organizations representing researchers are suing the department in an attempt to restore the agency's data and research arm, the Institute of Education Sciences.
Moriah Ratner for Education Week
Law & Courts Supreme Court Appears Unlikely to Strike Down School E-Rate Program
The Supreme Court seems unlikely to strike down the E-rate program, though some justices questioned its funding structure and oversight.
5 min read
The Supreme Court in Washington, June 30, 2024.
The U.S. Supreme Court considers a major challenge to the E-rate program for school internet connections on March 26.
Susan Walsh/AP
Law & Courts Trump Asks Supreme Court for OK to Move Ahead With Deep Teacher-Training Cuts
The Trump administration on Wednesday asked the Supreme Court to allow it to cut hundreds of millions of dollars for teacher training.
2 min read
President Donald Trump, left, holds up a signed executive order as young people hold up copies of the executive order they signed at an education event in the East Room of the White House in Washington, Thursday, March 20, 2025.
President Donald Trump, left, holds up a signed executive order as young people hold up copies of the executive order they signed at an education event in the East Room of the White House in Washington, Thursday, March 20, 2025. The Trump administration asked the Supreme Court to permit the cut of funding for teacher training programs.
Ben Curtis/AP