Las Vegas Sun

March 29, 2024

Sandoval pushes to expedite voucher lawsuit

SandovalEurope

Cathleen Allison / AP

Gov. Brian Sandoval is shown in his office April 17, 2015, at the Capitol in Carson City. The Republican is refusing to release any text messages he’s had with NV Energy representatives despite a public records request.

Court hearings for a high-profile lawsuit over Nevada’s controversial new voucher program must happen as soon as possible, Gov. Brian Sandoval said in a statement on Friday.

The Republican governor called on Nevada Attorney General Adam Laxalt to expedite the lawsuit — filed last Thursday by the ACLU of Nevada — on behalf of thousands of parents who have applied for the program but now find themselves in limbo as a legal battle rages over the program’s constitutionality.

"I believe it is in the best interest of the state and our education system to avoid these costly legal battles by seeking an expedited hearing on this matter and, if necessary, a final ruling by the Nevada Supreme Court,” Sandoval said in the statement. “This will allow students, parents, educators and the state to move forward and properly direct our focus toward collectively creating a system that provides children with the resources and learning environment they need to thrive and succeed."

The lawsuit, filed in Clark County district court, aims to block the rollout of the program before it is set to take effect Jan. 1 of next year. The program, touted as the most wide-reaching of its kind in the nation, allows parents to withdraw their children from public school and receive around $5,000 dollars in state funds to pay for things like private school or tutoring.

Many were not surprised to hear news of the lawsuit as similar programs have faced legal challenges in other states. Sandoval said recently that he found the lawsuit “disappointing.”

The ACLU of Nevada argues the program violates Nevada’s constitutional prohibition on taxpayer money being used to finance religious institutions. The majority of private schools in Nevada are religious, and parents would be free to use program funds to pay for religious instruction for their student.

The program’s defenders, which include the non-profit conservative law firm Institute for Justice, argue the program is constitutional because the state puts the funds into a savings account for parents to spend as they wish, rather than giving the money directly to religious schools.

Opponents also point out that the bill that created the program earlier this year, SB302, was specifically written by Republican lawmakers to skirt existing state law banning public school funds from being diverted “for the use or benefit of any sectarian or secular society or association,” as detailed in Nevada Revised Statute 387.045.

A similar voucher program was recently struck down by the Colorado Supreme Court, but upheld in other states, including North Carolina.

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