Governor Dave Heineman has signed into law a bill passed Thursday that would divide Omaha Public Schools into three districts. OPS calls the law unconstitutional and vows to fight.

While the governor has signed the controversial LB 1024, lawmakers wrapped up the session with a warning that they might be back to fine-tune the measure.

Governor Heineman said that he would consider calling a special session to refine the school bill.

In a move some decried as state-sponsored segregation, the Legislature voted Thursday to divide the Omaha school system into three districts -- one mostly black, one predominantly white and one largely Hispanic.

Supporters, including the idea's sponsor and the Legislature's lone black senator, said the plan would give minorities control over the school board and ensure that schoolchildren aren't shortchanged in favor of white students.

Opponents said it was nothing but state-sanctioned segregation.

"We will go down in history as one of the first states in 20 years to set race relations back," said Omaha Sen. Pat Bourne.

"History will not, and should not, judge us kindly," said Senator Gwen Howard of Omaha.

Attorney General Jon Bruning sent a letter Thursday to one of the measure's opponents saying that the bill could be in violation of the Constitution's equal-protection clause and that lawsuits almost certainly will be filed.

But its backers say at the very least its passage will force policymakers to negotiate seriously about the future of schools in the Omaha area. The division of Omaha Public Schools would not occur until July 2008, leaving time for either a special legislative session this year or during the regular session next year to make changes.

"There is no intent to create segregation," said Omaha Senator Ernie Chambers, the Legislature's only black senator and a longtime critic of the school system. He argued that the district is already segregated because it no longer buses students and instead requires them to attend their neighborhood school.

The schools attended largely by minorities lack the resources and quality teachers provided others in the district, Chambers said. Black students he represents in north Omaha would receive a better education if they had more control over their district, he said.

Coming from Chambers, the argument was especially persuasive on the rest of the Legislature, which first adopted the plan he introduced a week ago. The Legislature voted three times this week in favor of the bill leading to its passage on the final day of the session.

Omaha Public Schools is one of the most racially diverse district in the state, serving 46 percent white students, 31 percent black, 20 percent Hispanic, and 3 percent Asian or American Indian.

Boundaries for the newly created districts would be drawn using current Omaha Public Schools high school attendance areas, with two or three high schools in each district. That results in four possible scenarios, according to the district. In every scenario, two districts would end up with a majority of students who are racial minorities while the third would not.

The three-district idea was first brought forward a week ago as an attempt to solve an ongoing boundary dispute. Omaha Public Schools, the state's largest district with 45,000 students, wants to expand its boundaries to encompass primarily white and more affluent suburban districts.

The Omaha district argued that its "one city, one school district" plan would help integrate its district both racially and socio-economically.

District officials, supportive state senators, school board members and others including Omaha Mayor Mike Fahey and billionaire investor Warren Buffett have blasted the alternative plan passed by the Legislature, saying it will be struck down in court.

In addition to dividing OPS into three districts, the proposal would freeze school district boundaries and make all the districts in Douglas and Sarpy counties part of a "learning community" that would share property tax resources and come up with an integration plan. Failure to participate in the integration plan would lead to dissolution of the offending district.

Heineman, a Republican facing a May 9 primary against two opponents, opposed the original Omaha schools plan calling for the takeover of 25 suburban schools. He worked with senators on the bill passed and said that while there are parts he has concerns about, he thinks its passage will force schools leaders to negotiate more seriously in the future.

The bill (LB1024) passed on a 31-16 vote.

The Vote
A "yes" vote was to pass the bill. A "no" vote was against passing the bill.

Senators voting yes: (31)
Aguilar, R., Grand Island; Baker, T., Trenton; Beutler, C, Lincoln; Brown, P., Omaha; Burling, C., Kenesaw; Byars, D., Beatrice; Chambers, E., Omaha; Combs, J., Milligan; Cudaback, J., Riverdale; Cunningham, D., Wausa; Engel, P., South Sioux City; Fischer, D., Valentine; Heidemann, L., Elk Creek; Hudkins, C., Malcolm; Janssen, R., Nickerson; Jensen, J., Omaha; Johnson, J., Kearney; Kremer, B., Aurora; Kruse, L. Omaha; Louden, L., Ellsworth; McDonald, V., St. Paul; Pahls, R., Omaha; Pedersen, Dw., Elkhorn; Pederson, D., North Platte; Price, M., Lincoln; Raikes, R., Lincoln; Redfield, P., Omaha; Schrock, E., Elm Creek; Stuhr, E., Bradshaw: Stuthman, A., Platte Center; Wehrbein, Roger R., Plattsmouth.

Senators voting no: (16)
Bourne, P. Omaha; Brashear, K., Omaha; Connealy, M., Decatur; Cornett, A., Bellevue; Erdman, P., Bayard; Flood, M., Norfolk; Foley, M., Lincoln; Friend, M., Omaha; Howard, G., Omaha; Kopplin, G., Gretna; Landis, D., Lincoln; Langemeier, C., Schuyler; Mines, M., Blair; Preister, D., Omaha; Synowiecki, J., Omaha; Thompson, N., Papillion.

Present, not voting: (1)
Schimek, D., Lincoln.

Excused, not voting: (1)
Smith, A., Gering.