There is good news for parents who want expanded educational options for their children. Yesterday the Nevada Supreme Court upheld the constitutionality of the state’s near-universal Education Savings Account program on two of three fundamental questions. The court affirmed the legality of the State’s program. It also turned back challenges regarding the type of schools where ESAs could be used. The Court did say however, the state must find an alternative funding source for the program.
Those who watch school choice cases closely, are encouraged by the decision and believe the funding problem can be addressed in the upcoming legislative session. For additional commentary on the court’s decision see here and here.
In 2015 Nevada passed legislative created the Education Savings Account program. The program allowed public funds to be transferred to a special account and distributed into private education savings accounts maintained for the benefit of school-aged children to pay for private schooling, tutoring or other non-public educational services and expenses. Eligible families – currently defined as having a child in the public schools — would receive anywhere from $5,100 to $5,700 to spend on educational expenses.
Nevada along with four other states — Arizona, Florida, Tennessee and Mississippi – have ESA programs.