The Nevada Supreme Court declared on Thursday that the state’s groundbreaking school choice law is constitutional, but it suspended the program until a new funding mechanism can be found.
After the program was created in 2015, the American Civil Liberties Union challenged its constitutionality, arguing that government dollars could be spent at religious schools.
The supreme court disagreed, saying the program is “neutral with respect to religion” because parents decide how to use the funding, not the government.
However, the court found the program’s funding mechanism to be unconstitutional, forcing an indefinite suspension until a new method of spending can be found.
Educate Nevada Now, a group calling for more money for Nevada public schools, brought a separate case against the program arguing that it would divert funds from public schools. The court agreed and said funds in the State Distributive School Account cannot be used to fund the program.
In the end, the program is suspended, just as Educate Nevada Now and the ACLU wanted. But the concept of the program is constitutional, just not the given funding method. The anti-school choice groups seem to have won the battle but lost the war.
School choice fans mostly celebrated the decision.
“We are encouraged with today’s ruling from the Nevada Supreme Court—dismissing constitutional challenges to the state’s ESA program,” tweeted Matt Frendewey, national communications director for the pro-school choice American Federation for Children. “We encourage the gov. & legislature to quickly address the technical fix required to appropriately fund a child’s education through an ESA.”
Jonathan Butcher, education director of the Goldwater Institute in Arizona, tweeted “As in Arizona, #ESA found constitutional in Nevada. State-specific funding issue remains for lawmakers to adjust and help stu’s use acnts.”
Nevada State Treasurer Dan Schwartz already asked Gov. Brian Sandoval, a Republican, to include a legislative fix on the agenda for a special legislative session Sandoval plans to call in October. Sandoval, however, said whatever legislative solution there may be shouldn’t be rushed.
The program established K-12 education savings accounts for which 96 percent of Nevada students would be eligible. Sandra Chereb of the Las Vegas Review-Journal reports that more than 7,000 students established accounts before it was indefinitely suspended during the lawsuits. The accounts would have averaged about $5,100 per student.
With education savings accounts, the government puts funds into an account that parents can spend toward a variety of educational needs, often including private school tuition, tutoring, educational therapy and textbooks. They’re similar to, but more flexible than, school vouchers.
Jason Russell is a commentary writer for the Washington Examiner.
