NEBRASKA

Constitutional Clause/Language

“The Legislature shall provide for the free instruction in the common schools of the state of all persons between the ages of 5 and 21.”  Neb. Const. art. VII, s. 1.

Major Court Decision: Gould v. Orr, 506 N.W.2d 349 (1993).

Result: Financing System Upheld

Summary:  Court held parties failed to state a cause of action. The plaintiffs did not allege that the disparities resulted in inadequate education.

 “In this case, appellants failed to state facts sufficient to state a cause of action. Appellants' petition clearly claims there is disparity in funding among school districts, but does not specifically allege any assertion that such disparity in funding is inadequate and results in inadequate schooling. While appellants' petition is replete with examples of disparity among the various school districts in Nebraska, they fail to allege in their petition how these disparities affect the quality of education the students are receiving. In other words, although appellants' petition alleges the system of funding is unequal, there is no demonstration that the education each student is receiving does not meet constitutional requirements.”  Id. at 169.