After Acrimonious Standoff, One State Legislature Rejects DeVos-ALEC School Privatization Scheme

Unless you are a parent or a taxpayer in Nevada, you will probably conclude that this blog post doesn’t relate to you. But the defeat of Nevada’s ALEC-driven plan for Education Savings Account vouchers is directly relevant to you. Education Savings Accounts are among the most extreme of the school voucher schemes being promoted by U.S. Secretary of Education Betsy DeVos, whose education priorities will, most likely, have to been enacted at the state level. On Sunday night, Nevada’s legislature defeated this plan after a two-year battle. This subject matters to you because your state could soon be considering such a program.

Here is a bit of background from the Washington Post‘s Lyndsey Layton and Emma Brown, writing in June of 2015: “In January (2015), Republicans took control of the Nevada legislature and the governor’s mansion for the first time since 1929, generating the political momentum to enact the country’s most expansive voucher plan.”  “Starting next school year, any parent in Nevada can pull a child from the state’s public schools and take tax dollars with them, giving families the option to use public money to pay for private or parochial school or even home schooling… Nevada’s law is singular because all of the state’s 450,000 K-12 public school children—regardless of income—are eligible to take the money to whatever school they choose.” The only qualification was that the child must have attended a public school for 100 days.

Last September, after the Nevada Supreme Court found the funding for the Education Savings Accounts unconstitutional, the program was put on hold. David Sciarra, executive director of the Education Law Center and co-counsel in the case that found the funding for this program unconstitutional, provides a quick summary of what happened to this program after the ruling of Nevada’s state supreme court, as Nevada Governor Brian Sandoval tried to resurrect the ALEC-driven, Education Savings Account voucher program:

“Gov. Brian Sandoval is pressing lawmakers to revive the private school voucher program blocked last September by the Nevada Supreme Court. The court ruled the program was unconstitutional because it would deplete funds earmarked by the Legislature to operate Nevada’s public schools. The governor’s bill, SB 506, carries forward most features of the prior law. Sandoval wants the per-pupil amount spent on public school students, roughly $5,700, to be deposited into education savings accounts to subsidize private and religious school tuition and pay for other private education expenses. The governor also wants vouchers for any household, even the wealthy… To get around the Supreme Court ruling, SB 506 changes the way vouchers are funded. The funding will not come directly out of public school budgets. Instead, Sandoval proposes a separate appropriation of $60 million over the biennium. At that level, approximately 2,500 vouchers can be awarded each year, not enough for everyone who signed up under the prior law. So the vouchers will be given out on a first-come, first-served basis.”

One more bit of background: what are Education Savings Account vouchers?  These programs give parents the amount of money the state would otherwise have spent to educate a child. The parents give up their right to a public education and can instead use the money for private school tuition, fees, textbooks, tutoring, test prep, homeschooling curriculum, therapeutic services, transportation and other educational expenses. The American Legislative Exchange Council (ALEC) has developed a model bill that can be introduced in any state legislature. Arizona, Florida, Mississippi and Tennessee currently have Education Savings Accounts.

One problem for Governor Sandoval and SB 506 is that last November, voters threw out Republican domination of Nevada’s legislature and elected Democratic majorities in both houses. The fight about Education Savings Accounts developed in recent weeks into a power struggle between Governor Sandoval and the legislature, a fight that threatened to derail the state budget. On Sunday, the legislature blocked Sandoval and refused to pass the SB 506 Education Savings Account program.

A deal was struck by which the Legislature made a one-time grant to a smaller voucher program but defeated the Governor’s bill for Education Savings Accounts. Arianna Prothero explains for Education Week: “An effort to fund Nevada’s ambitious program to give all public school students the option to take state money allocated to them and use it instead for private school tuition, or other approved education-related expenses, is dead for this session. It’s unclear what this means for the future of the program, as the Nevada legislature only meets once every two years.” The legislature concluded its current session on Monday with the passage of the state budget. Prothero adds: “However, the deal does contain an extra $20 million over the next two years for a separate private school choice program that has a cap on how much a family can earn in order to be eligible for the aid. That will be paid for by taxing marijuana sales and growers….”

The Education Law Center’s David Sciarra celebrates the defeat of the enormous Education Savings Account program by Nevada’s legislature: “The voucher defeat in Nevada is a resounding repudiation of U.S. Secretary of Education Betsy DeVos’s privatization agenda. Parents and taxpayers want investment in their public schools, not vouchers paid for with taxpayer dollars.  Nevada also shows that when parents, civil rights groups and taxpayers come together, they can succeed in keeping public funding in public schools.”

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2 thoughts on “After Acrimonious Standoff, One State Legislature Rejects DeVos-ALEC School Privatization Scheme

  1. Wonderful report, Jan. It gives me more hope. If the ESA can be defeated there, it can be defeated everywhere! Onward ardently!

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