Las Vegas Sun

March 28, 2024

Arguments on school-choice program heard in District Court

An attorney representing groups that oppose Nevada's school-choice program argued Wednesday that it will irreparably harm the public-school system.

It will mean a loss of $17.7 million for the Clark County School District alone, lawyer Tamerlin Godley said in asking for a preliminary injunction to nix the voucher program, which became effective Jan. 1.

But Solicitor General Lawrence VanDyke told District Judge James Wilson the claims of harm are pure speculation.

“We don’t know how this program will affect the public schools," he said.

Wilson took the arguments under submission and promised a quick ruling, suggesting he thinks the issue will end up in the Nevada Supreme Court.

The 2015 Legislature set up a system for subsidies for parents who want to send their children to private or religious schools or to provide home-school education. About 4,100 applications have been received by state Treasurer Dan Maddox, who plans to distribute the grants, estimated at $5,000 per student, starting in February.

VanDyke said the schools will get the per-pupil amount set by the Legislature. He argued that thousands of families would suffer irreparable harm if the preliminary injunction is issued. The opponents of school choice have failed to show the law is unconstitutional, he said.

Godley argued that the money set aside for the school-choice programs comes out of the funds for the public schools. She argued the Nevada Constitution specifically makes public education its first priority.

She also said the law is diverting money from the public-school system to non-public schools, and the Legislature “cannot exempt itself from the Constitution.”

Opponents maintain the Constitution does not permit state money to go for secular purposes.

VanDyke said the Legislature sets an amount for each student in a district.

The Legislature guaranteed $5,710 per student this fiscal year and $5,744 next fiscal year. School districts receive other tax money besides the basic school support.

The new law says a student must attend a public school for 100 days before his parents can qualify for the voucher. The regulation also says the 100-day requirement does not apply to children 5-7 years old and children of military parents.

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