In-state tuition debate derailed

LINCOLN — State lawmakers headed off an emotional, election-year debate Friday on whether to continue allowing in-state college tuition rates for illegal immigrants.

But Omaha Sen. Scott Lautenbaugh, who supports repeal of the law, said he'll be looking for another opportunity later in the session.

Lautenbaugh wanted to attach an amendment repealing the in-state tuition law to an unrelated bill involving the Nebraska Schools Activities Association.

On a 27-13 vote, legislators effectively killed the NSAA bill — and any debate on in-state tuition.

Lincoln Sen. Bill Avery, the sponsor of the NSAA bill, said he suspected that some senators voted to kill the bill so they wouldn't have to take a vote on the more controversial immigration-related issue.

“There are people who just don't want to talk about that,” said Avery, who noted it was an election year.

The words “in-state tuition” didn't come up once as senators spent about 45 minutes discussing whether to kill the NSAA bill.

“It was the elephant in the room,” Lautenbaugh said of the tuition issue.

Avery had sought changes in the NSAA because he said the private agency, which governs high school sports in Nebraska, makes important decisions involving public school children, yet doesn't have the transparency of a public agency.

The NSAA, in response to the introduction of Avery's bill, recently passed resolutions to comply with the state public meetings and records laws, which was the purpose of the bill.

Avery said a state law still was needed because the NSAA's compliance would be voluntary and dependent on rulings by its executive director.

The tuition break has drawn controversy since its passage in 2006 over Gov. Dave Heineman's veto.

State Sen. Charlie Janssen of Fremont introduced Legislative Bill 1001 this year to repeal the tuition break. But his bill lacks the votes to be advanced out of the Legislature's Education Committee, and no senator made it a priority bill.

Both Janssen and Lautenbaugh said the bill deserves to be debated.

The tuition law allows graduates of Nebraska high schools who aren't citizens but who are moving toward citizenship to pay in-state tuition rates.

Proponents argue that the tuition break makes college affordable for such students and improves their earning capacity, which benefits the state.

Opponents maintain it is wrong to provide illegal immigrants with the same benefits as legal residents.

Contact the writer:

402-473-9584, paul.hammel@owh.com

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