by (in alphabetical order) John Garrett Clawson, Reynaldo de la Garza, Victoria Keller, Sarah Pollock, Laurie Roberts,
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At the present time, legislation passed in Arizona, Florida, Mississippi, and Tennessee has been been upheld by each of those states' supreme courts. However, in September 2016, The Nevada Supreme Court struck down the state’s education savings account law, ruling that while the premise of using taxpayer money for private education is constitutional, the method used to fund the ESA program is not. The court held that the Legislature’s discretion to encourage other methods of education is not limited by the state Constitution. Moreover, the Court indicated that funds placed in education savings accounts belong to parents and are not “public funds,” and that funds”; therefore, ESAs are thus not in violation of the Constitution’s prohibition against using public money for sectarian purposes. This has been hailed as a victory by proponents of the legislation. However, justices said that the Legislature cannot divert money specifically authorized for public schools to private educational programs (like tuition at parochial schools). Thus, the Court held that the use of the Distributive School Account funding for ESAs undermines the Nevada Constitution’s mandate to fund public education. Proponents believe that this constitutional issue can be resolved through legislation revising the flow of money into ESAs. In light of this, the state’s Republican governor has indicated that he will prioritize the issue of ESA funding in the 2017 Legislature when it convenes in February.
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Lutz, Lauren. "Arizona Court Unanimously Upholds Education Savings Accounts as Constitutional." American Legislative Exchange Council. October 17, 2013. Accessed November 08, 2016. https://www.alec.org/article/education-savings-accounts-upheld/.
“School Choice in America,” EdChoice, last modified Oct. 28, 2016, http://www.edchoice.org/school-choice/school-choice-in-america.
S.B. 1178, Texas 84th Cong. (2015).
S.B. 2695, Mississippi 114th Cong. (2015).
S.B. 302, Nevada 302nd Cong. (2015).
S.B. 431, Tennessee 431st Cong. (2015).
Arizona original bill – http://www.azleg.gov/legtext/50leg/1r/bills/sb1553h.pdf
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