Final OK given to Nevada school choice regulations

CARSON CITY — A legislative subcommittee gave final approval Wednesday to regulations implementing Nevada's new school choice law that allows parents to use state funding to send their children to private schools.

The vote by the subcommittee of the Legislative Commission was along party lines. Democrats objected to a Republican move during this month's special session to define what the legislative intent was for exemptions from a 100-day rule for children of active military personnel and children ages 5-7.

Senate Minority Leader Aaron Ford, D-Las Vegas, also took exception to calling the law educational choice.

"I'm going to call it what it is. It is a voucher program," said Ford, adding that other choices such as charter and magnet schools are already available to parents.

Senate Bill 302 signed by Republican Gov. Brian Sandoval is considered the most sweeping school choice law in the country. It allows parents to set up education savings accounts administered by the state treasurer's office to receive the per-pupil, taxpayer funding. They can then use that money, about $5,000 annually, to help pay for tuition to private schools or other educational services.

Grant Hewitt, chief of staff to state Treasurer Dan Schwartz, said more than 4,100 applications have been received so far. Funding is expected to begin flowing in February.

Two lawsuits challenging the law are pending. One filed by the American Civil Liberties Union of Nevada argues the law is illegal because it violates a constitutional prohibition of using taxpayer money for sectarian purposes because most private schools are religion based. Backers of the law counter the money does not go to religious purposes, but rather to parents.

Another lawsuit argues the program will hurt other children by taking away much-needed funding to public schools.

A third lawsuit filed on behalf of two families by Lt. Gov. Mark Hutchison seeks an expedited ruling from the courts that the law is constitutional.

Democrats on the subcommittee also objected Wednesday to Senate Concurrent Resolution 1, introduced and passed Dec. 19 in the final minutes of a special legislative session to approve tax breaks for electric car maker Faraday Future.

One provision of school choice law requires children to attend public school for 100 days before they are eligible for the state funding. But the resolution sponsored by the Republican majority in the Senate declared legislative intent to exempt children of active military families and children ages 5-7 from the 100-day rule.

Ford on Wednesday said research of hearings conducted during the regular 120-session earlier this year showed no discussion of exemptions. He voted against the regulation, saying it should have been considered by the whole Legislative Commission instead of a subcommittee.

"The proposed exemptions do have merit from a policy perspective … but this is not the forum to do that," Ford said.

Assemblywoman Irene Bustamante Adams, a military spouse, voted no because of her opposition to vouchers.

"I personally am really grateful that I have had choice," the Las Vegas Democrat said. "Through several deployments we have had to rearrange our lives.

"I feel like we already have a choice," she said, noting the options of charter and magnet schools.

"I will be a no vote on this because I don't believe in the voucher system."

Contact Sandra Chereb at schereb@reviewjournal.com or 775-687-3901. Find her on Twitter: @SandraChereb