As he did with the first lawsuit challenging the school vouchers law, Attorney General Adam Laxalt has filed a motion to dismiss the second similar lawsuit.
The first lawsuit against the so-called Educational Savings Accounts was filed by the American Civil Liberties Union, the second on behalf of a group of parents who argue the vouchers would remove resources from the public schools.
Both charge the law essentially directing public money to religion-based private schools violates the Nevada Constitution. The Blaine Amendment to the state constitution prohibits directing public funds to religious organizations.
The second lawsuit has been transferred to Carson City and is likely going to be heard at the same time as the first in Carson District Court.
Laxalt argues that constitutional provision doesn’t apply in this case, that the constitution “broadly requires the legislature to encourage education within the state by all suitable means.” His statement on the case didn’t mention the religious restriction.
Most of the private schools are operated by religious organizations.
State Treasurer Dan Schwartz, whose office has been charged with administering the program and getting the money to those schools, said the ESA program has drawn more than 3,000 applications from parents.