Nevada Supreme Court suspends use of public funds for private education
By Kayla LaRosa 9/30/16
The Nevada Supreme Court has ruled that the funding mechanism for the state’s Educational Savings Account (ESA) program is unconstitutional–and both sides of the education debate see it as a victory.
Nevada is home to one of the broadest school choice initiatives in the country, and the Educational Savings Program is no exception. Through this program, which was Republican-backed and put into effect last year, Nevada families can access approximately 5,000 dollars allocated for their children’s public schooling, and put that money toward tuition for a private school education.
There is no monetary source specifically dedicated to funding this program and the 8,000 families in the state of Nevada who have applied for it so far; as a result, the necessary funds have been taken from the Distributive School Account- money allocated for the public schools throughout the state. Opponents of this program argued that the lack of a dedicated source for the ESA was unconstitutional, and the courts agreed. The funds in question are now permanently suspended from further distribution after being placed on a temporary hold. “The state was taken to its knees by a group of people that believe in public education,” said Rory Reid, president of the Rogers Foundation that has publicly supported the legally challenging of the program. Reid also added that it was a “tremendous victory,” for the public education system in the state of Nevada.
Regardless of this decision, proponents of the ESA continue to rejoice, as the review of this case has proven that while the funding source of the program is considered unconstitutional, the general concept of educational choice is not. “Fortunately, the Supreme Court has made crystal clear that ESAs are constitutional and that the Legislature can fix this funding technicality and allow for the implementation of ESAs statewide,” said Adam Laxalt, a major proponent of the program.
No matter the side of the private versus public education debate, this court ruling proves to be a victory and a landmark event for the broad school choice initiative. There is a solid amount of grey area in the allocation of private and public school funds; however, cases such as this one can potentially clear those lines and contribute to the conversation about families obtaining the best possible educational opportunities for their children.