Nevada ACLU says state misleading parents by still accepting ESA applications
The American Civil Liberties Union of Nevada has taken issue with the state treasurer’s office for continuing to accept Education Savings Account applications, two months after the Supreme Court had struck down the funding part of the program.
The ACLU argues that the treasurer’s office shouldn’t be accepting new applications on its website for a program that was found unconstitutional.
“I think it’s particularly misleading to parents to ask them to sign up for a program that isn’t funded and can’t be funded,” said ACLU of Nevada Legal Director Amy Rose.
The ruling further divided both sides in the debate over the school-choice law, which creates state-funded savings accounts for parents who seek education outside of the public school system.
The treasurer’s office argues that only the program’s original source of funding — the Distributive School Account — was deemed unconstitutional. Republicans in the Legislature, including the governor, are hoping to find a different funding source for the program so that it can legally continue.
Now, the ACLU is taking issue with emails that the treasurer’s office sent to parents in November regarding their applications.
Grant Hewitt, the treasurer’s chief of staff, said the emails were sent to parents who had already applied for the program.
The emails answered frequently asked questions about the applications and explained how to access their applications online.
“While I know getting approved will be an exciting moment for many families, I must remind you that at this time a funding source for Nevada’s ESA program has not yet been found,” reads the email from Hewitt to families (with his emphasis in italics). “Until that happens, while we will approve your application there is no guarantee of funding.”
The treasurer’s office sought input from the state attorney general’s office on the ruling, and received the green light to continue accepting applications for the program.
”We are of the opinion that nothing in the decision prevents you from continuing to administer the ESA program, so long as no funds are drawn from the Distributive School Account under Section 16 (of the ESA law),” Deputy Solicitor General Joseph Tartakovsky wrote in response to the request.
As the issue played out in the Supreme Court, the treasurer’s office continued accepting applications. The latest application count stood at roughly 8,200.
The ESA program likely faces strong opposition if legislators do try to revive it next year.
The program would need to have an “unlimited amount of money” to operate, Rose argued.
“I think that it’s incredibly misguided to think that we’re going to have to use taxpayer dollars to fund not only the public schools, but then additionally we’re going to fund students that are going to private religious schools and have no restrictions on who can get that money,” she said.
Contact Amelia Pak-Harvey at 702-383-4630 or apak-harvey@reviewjournal.com. Follow @AmeliaPakHarvey on Twitter.