State of Nevada v. Settelmeyer

Litigation: Challenging the bill that repealed Nevada’s education savings account program that remained good law notwithstanding refusal of the legislature to fund the program. Republican Senators challenged the law based on the Nevada constitution’s two-thirds vote requirement for bills that create, generate, or increase public revenue. Included in the bill repealing the education savings account program was a business tax that the legislature sought to reinstate from a planned sunset provision.

Outcomes: The Nevada Supreme Court ruled that a two-thirds vote was required for passage of the bill, but only those sections of the bill directly related to the business tax. Repeal of the education savings account required a simple majority; its repeal was therefore determined to be constitutional.

Why it Matters: Several thousand parents had been waiting for the legislature to fund education savings accounts. There was high demand for children to be able to access educational resources other than assigned public schools. Sadly, Nevada’s tax credit scholarship program is unlikely to help all the children who are looking for access to educational options because of restricted funding by the state.

Effects: Nevada parents remain vigilant, continuing to advocate for expanded educational opportunities for their children. Their struggle continues.