Judge dismisses lawsuit against Nevada school choice program

LAS VEGAS (AP) — A Las Vegas judge dismissed claims that Nevada's sweeping new school choice program violated the state constitution by releasing public funds to religious schools, although the voucher-style program remains on hold over different concerns raised in a separate lawsuit.

Judge Eric Johnson ruled Wednesday in a case against the state over Education Savings Accounts, a program that allows parents to claim the majority of their child's per-pupil state education funds and use it toward private schooling or other qualifying education expenses.

The American Civil Liberties Union, its Nevada affiliate and Americans United for Separation of Church and State challenged the program in August, saying parents have a right to send their children to religious schools but not at taxpayer expense.

The lawsuit also says the program will support private schools that can decline students based on their academic performance and ability to pay, leaving public schools with a higher concentration of needy students and less money.