Battle Over Small Schools May Go Before The U.S. Supreme Court

The battle continues for small school supporters, who suffered a major setback Friday from the Nebraska Supreme Court. The ruling will force elementary-only schools to merge with larger districts before voters go to the polls in Novemeber. But opponents of the merger held a news conference Sunday to say they're not ready to give up.

This case all stems back to a law passed last year by the state legislature, which was designed to save taxpayers money. But, after Friday's ruling, small school supporters say that justice has not been done here in the state, so they're taking their case to Washington.

Frustration continues for parents and other supporters of Nebraska's small schools. Disappointment is what many supporters felt, after the state supreme court ruled a lower court judge was wrong to put the class-one school merger on hold till Novemeber. Now, small schools will be forced to combine with larger distircts in June, before voters can weigh in on the issue.

 That possiblity is prompting attorneys to ask the U.S. Supreme Court to review the case.  Small school supporters have 90 days to submit a review request to the court, if the case is accepted, the court will not be able to address any state issues, only federal ones. Attorneys say they'll claim voters' 1st admendment rights were violated by the state, because it pushed the school merger ahead, before the November election.

Small school supporters are also getting signatures, to put another referendum on the November ballot that would change the state's constitution. They also say even if voters don't repeal the existing law in November, this fight won't be over.