Nevada’s high court rejects delaying arguments on school choice bill

The Nevada Supreme Court on Tuesday denied a request from the American Civil Liberties Union to delay oral arguments in a lawsuit challenging a controversial school choice bill.

In a one-paragraph order, Chief Justice Ron Parraguirre ruled the court found “no good cause” to grant the ACLU’s motion to reschedule a July 29 hearing to late August or early September.

The civil rights advocacy group had argued the earlier date would not grant enough time to address “the complex and weighty constitutional” issues involved with Senate Bill 302.

That legislation, passed by the Republican-controlled 2015 Legislature and signed by Gov. Brian Sandoval, allows parents to set up education savings accounts to receive a portion of state per-pupil funding and use the money, about $5,100 annually, to send their children to private school or pay for other education options.

The ACLU filed a lawsuit last year to stop implementation of that program, claiming it violates a provision in the Nevada Constitution that prohibits the use of taxpayer money for religious purposes.

“Looking at the constitutional issues at play, we would have liked to have more space and time to brief those issues,” said Amy Rose, legal director of the ACLU of Nevada. “But this is the decision, and we certainly are ready to go forward (on July 29).”

The SB302 program, administered by the state treasurer’s office, has received more than 6,000 applications for early enrollment.

The ACLU argued that rescheduling the July 29 hearing to later in the summer would not prevent the treasurer’s office, should the justices allow the program to continue, from disbursing funds to parents before an expected quarterly payment in October.

In a separate Carson City case, a group of parents has challenged SB302 on claims that it will illegally divert money from public schools. A judge in January agreed and issued an injunction against the program.

That ruling conflicts with a Clark County judge’s decision in May to dismiss the ACLU lawsuit and to uphold SB302 as constitutional.

Both cases head to the state Supreme Court for oral arguments on July 29.

The Nevada law, widely viewed as the most sweeping school choice initiative in the nation, is being watched closely by states and groups around the country.

Contact Neal Morton at nmorton@reviewjournal.com or 702-383-0279. Find him on Twitter: @nealtmorton