Nevada ESAs constitutional, court strikes down funding mechanism

AFC urges Governor & legislature to pass technical fix to legislation.

On Thursday, the Nevada State Supreme Court dismissed constitutional challenges to Nevada’s education savings account (ESA) program, finding that the program is designed for educational purposes and there is no prohibition to parents using ESAs to send their children to private or religious schools. The Court disagreed with and struck down the existing funding mechanism for ESAs.

“We are encouraged with today’s ruling from the Nevada Supreme Court – dismissing constitutional challenges to the state’s landmark education savings account program,” said Betsy DeVos, chairman of the American Federation for Children. “We encourage Gov. Brian Sandoval and the State Legislature to quickly address the technical fix required to fund a child’s education through an ESA.”

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