(Thomas Mitchell, 4TH ST8) – Carson City District Judge James Wilson issued an injunction order suspending the implementation of the Education Savings Accounts (ESAs) on January 11, 2016.
The order was issued in response to the case filed by a group called Educate Nevada Now, which unfavorably looks against the ESAs, claiming that ESAs violate the Constitution. This is because the Constitutional provisions expressly state the appropriateness of the use of money from the general fund to the operation of the public schools in the State.
ESA law, however, allows said money to be parted from public schools when parents of students decide to transfer their children from a public school to a private school. The parent takes the 90% of the money or the basic support per-pupil when his/her child leaves the public school. The prerogative as to where that money is spent is now left to the parent. Poorer parents would get the 100% of the money.
This said, ESA law thereby disregards what is said in the Constitution. With the nearing launching of ESAs, that is next month, Educate Nevada Now heavily put weight on their claim upon the court to consider it. Thus, the injunction order of Judge Wilson.
Now, the questions that were tightly linked to the claims against ESA’s are whether there is an irreparable harm with the implementation of the law, and if there is, how is it created?