EDITORIAL: Choice decision

The Nevada Supreme Court shot down the state’s expansive school choice plan on Thursday, but the program remains very much alive.

The justices ruled 4-2 that the means by which lawmakers funded Nevada’s education savings accounts violated state law. But the court dismissed arguments that the reform ran afoul of constitutional provisions requiring “a uniform system of common schools” and prohibiting the use of “public funds for sectarian purposes.”

A ruling that upheld those latter two objections might have been a fatal blow to Gov. Brian Sandoval’s innovative effort to promote educational choice for Nevada families. Instead, the decision acknowledges that lawmakers can satisfy the court’s constitutional concern by simply creating a separate funding mechanism to pay for the accounts.

This can be accomplished — and should be a top priority.

Republican lawmakers passed Senate Bill 302 during the 2015 session with no Democratic support. The measure allows public school students to receive a portion of state per pupil funding — about $5,700 — for use on private school tuition, home-schooling, books, tutoring or other education-related expenses.

The program has been on hold pending the legal challenges from the usual suspects, but more than 7,000 families have applied to participate. Now it’s up to the governor to ensure one of his signature accomplishments moves forward.

Gov. Sandoval has already declared his intention to call a special session this month to address the proposed Las Vegas sports stadium and convention center expansion. He should add to the agenda a bill to rectify the issues that state high-court justices raised with regard to financing the choice plan.

The need for urgency can’t be understated. If Democrats in November regain control of one or both houses of the Legislature — a very real possibility — they will almost certainly side with their teacher union benefactors over the thousands of parents seeking additional educational opportunities for their children.

Any delay risks the political asphyxiation of the program. The governor mustn’t hesitate.