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Nevada Education Savings Account Initiative (2022)
| Nevada Education Savings Account Initiative | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Charter schools and vouchers | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The Charter schools and vouchers (#C-04-2022 and #C-06-2022) did not appear on the ballot in Nevada as an initiated constitutional amendment on November 8, 2022.
The initiative would have amended the Nevada Constitution to require the legislature to create an education savings account program for K-12 students to attend schools and educational programs other than public schools. The sponsors of the initiative, Education Freedom PAC, filed two different versions of this proposed initiated constitutional amendment. Education Freedom PAC also filed an initiated state statute related to establishing the education savings account program in law.[1][2]
Text of measure
Description of effect
The description of effect for version #C-04 of this initiative was as follows:[2]
| “ |
The initiative will provide parents with the ability to use funds appropriated by the Legislature to pay for the education of their child in a school or educational environment that is not a part of the public school system. The initiative requires the Legislature to establish an education freedom account program under which parents may spend money appropriated by the Legislature into those accounts to pay for some or all of their child’s education outside the public school system. The Legislature must establish an eligibility criteria for parents to establish an account. The initiative will result in the expenditure of state funds to fund the accounts in an amount comparable to the public support that would be used to support the education of the child for whose benefit the account has been established in a public school. For Fiscal Year 2021-2022, the Legislature determined the statewide base per pupil amount to be $6,980 per pupil. For Fiscal Year 2022-2023, that amount is $7,074 per pupil. Generating the revenue to fund the accounts could necessitate a tax increase or a reduction in government services. The Legislature must establish the program by the start of the school year that commences in 2025.[3] |
” |
The description of effect for version #C-06 of this initiative was as follows:[4]
| “ |
The initiative requires the Legislature to establish an education freedom account program under which parents may spend money appropriated by the Legislature to pay for part or all of their child’s education outside the public school system. The Legislature may limit eligibility in the program to parents of children eligible to enroll in kindergarten and parents of children who enroll in the public school system for a specified period of time preceding establishment of an education freedom account not to exceed the entirety of the previous school year. The initiative will result in the expenditure of state funds to fund the accounts in an amount comparable to the public support that would support the education of the child for whose benefit the account has been established in a public school. For Fiscal Year 2021-2022, the Legislature determined the statewide base per pupil amount to be $6,980 per pupil. For Fiscal Year 2022-2023, that amount is $7,074 per pupil. Generating the revenue to fund the accounts could necessitate a tax increase or a reduction in government services. The Legislature must establish the program by the start of the school year that commences in 2025.[3] |
” |
Full text
The full text of the #C-04 version of this measure can be read here.
The full text of the #C-06 version of this measure can be read here.
Sponsor
Education Freedom PAC sponsored the initiative.[1]
Path to the ballot
The state process
In Nevada, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the total votes cast in the most recent general election. Moreover, signature gathering must be distributed equally among each of the state's four congressional districts. The initial filing of an initiated constitutional amendment cannot be made before September 1 of the year preceding the election year. The signature petitions must be filed with county officials by the third Tuesday in June of an even-numbered year. The final submission of signatures to the secretary of state must be made at least 90 days before the next regular general election. Initiated constitutional amendments that qualify for the ballot must be approved at two consecutive general elections.
The requirements to get an initiated constitutional amendment certified for the 2022 ballot and the next even-yeared election ballot:
- Signatures: 135,561 valid signatures were required.
- Deadline: The deadline to submit signatures was June 29, 2022.
Signatures are verified by county clerks using a random sampling method if more than 500 signatures were submitted in that county. If enough signatures are submitted and verified, the initiative goes on the next general election ballot. If approved at the first election, it goes on the next general election ballot.
Details about this initiative
- Version #C-04-2022 of this initiative was filed by Education Freedom PAC on January 31, 2022.[1]
- The PAC filed #C-06-2022 of this initiative on March 3, 2022.[1]
- On June 28, 2022, the Nevada Supreme Court ruled to remove the initiative from the ballot.[5]
Lawsuits
| Lawsuit overview | |
| Issue: Whether the description of the effect of the measure on petitions is misleading | |
| Court: Carson City District Court | |
| Ruling: Ruled in favor of plaintiffs booking the initiative petitioners from collecting signatures for the initiative | |
| Plaintiff(s): Rogers Foundation Chairwoman Beverly Rogers and Rogers Foundation CEO Rory Reid | Defendant(s): Nevada Secretary of State Barbara Cegavske |
Source: The Buffalo News
On February 22, 2022, Rogers Foundation Chairwoman Beverly Rogers and Rogers Foundation CEO Rory Reid filed a lawsuit against the initiative in Carson City District Court alleging that the description of the effect of the initiative was misleading because it did not describe the effect of the initiative on public school funding.[6]
Beverly Rogers said, “Let’s be clear, we are not talking about school choice, we’re talking about the school’s choice to reject students because of their sexual orientation or gender identity, religious affiliation ... or because they need additional resources to succeed. We support public schools because they serve all students.”[6]
Erin Phillips, co-founder and president of the advocacy organization Power2Parent and a leader of the Education Freedom PAC, said, "We are confident in the language and it is clear that Nevadans are ready for a fundamental change to our approach to education.”[6]
On April 11, 2022, Judge Charles McGee ruled that the initiative was invalid because of a lack of clarity in the description on petition sheets. The ruling prohibited initiative petitioners from gathering signatures for the initiative. McGee said the descriptions did not explain "the enormous fiscal impact of this initiative on the budget of most, if not all [schools]."[7]
On June 28, 2022, the Nevada Supreme Court ruled that the initiative did not comply with constitutional requirements related to unfunded mandates, and cannot proceed to the ballot.[5]
On September 12, 2022, the Nevada Supreme Court ruled with the lower court that the initiative cannot go to the ballot. "The petition creates a program for education freedom accounts that will require appropriations and expenditures for the program to exist," the ruling says, "Yet, the petition does not include any funding provisions. The initiative process does not permit petition proponents to propose statutes that may never take effect because they rely on the Legislature to enact legislation effectuating them. Thus, we conclude the district court properly determined that the initiative petition was void for failing to comply with Article 19, Section 6 of the Nevada Constitution."[8]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Nevada Secretary of State, "2022 Petitions & General Election Ballot Questions," accessed November 19, 2021
- ↑ 2.0 2.1 Nevada Secretary of State, "#C-04-2022 Full text," accessed February 2, 2022
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Nevada Secretary of State, "#C-06-2022 Full text," accessed March 5, 2022
- ↑ 5.0 5.1 The Nevada Independent, "Supreme Court: Ranked-choice voting can go to ballot, but not tax petitions, vouchers," June 28, 2022
- ↑ 6.0 6.1 6.2 The Buffalo News, "Lawsuit aims to block Nevada school voucher petition drive," February 24, 2022
- ↑ Nevada Public Radio, "Judge rejects petition for Nevada school voucher initiative," April 13, 2022
- ↑ https://thenevadaindependent.com/article/nevada-supreme-court-rules-against-ballot-initiative-to-create-a-voucher-style-education-program, "Nevada Supreme Court rules against ballot initiative to create a voucher-style education program," September 13, 2022
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State of Nevada Carson City (capital) |
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