Nevada Supreme Court Ruled ESA Program Is Constitutional

Nevada Supreme Court Ruled ESA Program Is Constitutional



Nevada Supreme Court ruled against the claim that Educational Savings Accounts (ESA) were unconstitutional. The ACLU filed the petition due to the concern that state and federal funds could be used by parents to send their children to religious schools. The Court’s decision was announced on Sept. 29, 2016.

Michael Schaus, the Director of Communications for NPRI, believes this is a positive move forward. He said: “We are thrilled to see that the Supreme Court Justices ruled that ESAs are constitutional, rejecting all substantive challenges. Only a technical funding issue was found to be in violation of the Constitution – an issue easily addressed by the legislature.” Schaus explained that families would soon have true choices for the education of their children.

The second case, that the court did not decide favorably, was the one brought forward by Educate Nevada Now (ENN), due to the language used when the legislature drafted the bill. Their fear was that the ESA program would put a strain on the educational system financially.

Due to the ruling that the upcoming Assembly would address the funding language in the 2017 legislative session. This delay is an obstacle that Jim Marchant, Assembly candidate for District 37 (AD37), finds dissatisfactory. He proclaimed that he is calling on Governor Sandoval and State Legislature to settle this issue.

A special session by the Governor is being contemplated to address the Stadium issue in Las Vegas in October, and he contends this is the perfect time to fix the issues the Supreme Court Justices outlined in their ruling and should not wait until next year.

Marchant and Schaus believe it is unnecessary and unfair for parents to be forced to wait until next year. Not only will the candidate make his views clearly known, but he encourages all those interested in the success of the ESA program to demand the Sandoval and the Legislators promptly fix the language regarding its funding.

By Cathy Milne


The Public Slate: Jim Marchant Affirms ESAs Offer Parents True Choices in Education
Newsmax TV: ESA’s take big step forward with Supreme Court ruling
NPRI: ESA Information

Image Courtesy of Willem van Bergen’s Flickr Page – Creative Commons License