Even the one good law passed by the Legislature has kinks

I am not a legislator and shall always try to do right and be good so that God will not make me one.

The convolutions of the thought process required of lawmakers would drive a man mad were they not already thus by virtue of an expressed willingness to stand for public office.

Take the late unlamented session of the Nevada Legislature during which not much good was accomplished, despite the wailing and gnashing of teeth and utterances of unprintable oaths.

About the only thing of value to surface from that cesspool of conniving and bribery was the education saving account in Senate Bill 302, and they managed to maul that, too.

The Reno paper blithely informs its readers that the state will hand parents $5,000 per child to attend a private school of their choosing, pay for tutoring or even opt for homeschooling.

There is just one little problem with that statement, and that is the wording of the law: “A parent may not establish an education savings account for a child who will be homeschooled …”

Seems pretty clear. But a fellow over at Reason says the words don’t mean what they appear to mean. Here is his explanation:

“Confusingly, the law specifies that ‘A parent may not establish an education savings account for a child who will be homeschooled…’ but this appears to be an attempt to address homeschoolers’ concerns about the state muscling in. The Nevada Homeschool Network objected that:

“the term ‘homeschool’ is legally defined in Nevada whereby parents take full responsibility for the education of the child … NHN is concerned that alternative education funding programs intending to benefit a student with a government controlled ‘choice in education’ will jeopardize homeschool autonomy from government oversight …

“So the law excludes ‘homeschooled’ kids, but it establishes a separate category of ‘Opt-in’ children who are ‘not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity …’ A ‘parent of a child’ can be a ‘participating entity,’ and ESAs can be used to purchase curriculum. That means Nevada kids can be homeschooled with ESAs, they just can’t be ‘homeschooled.’

“I’m happy to clear that up.”

Clear as mud.

Oh yes, before you start planning how to spend your $5,000 education savings account, there is the requirement that the child in question must have “attended a public school for 100 consecutive school days to enter into an agreement …” No sick days allowed?

Here is what the savings account may be used for:

Money deposited in an education savings account must be used only to pay for:

(a) Tuition and fees at a school that is a participating entity in which the child is enrolled;

(b) Textbooks required for a child who enrolls in a school that is a participating entity;

(c) Tutoring or other teaching services provided by a tutor or tutoring facility that is a participating entity;

(d) Tuition and fees for a program of distance education that is a participating entity;

(e) Fees for any national norm-referenced achievement examination, advanced placement or similar examination or standardized examination required for admission to a college or university;

(f) If the child is a pupil with a disability, as that term is defined in NRS 388.440, fees for any special instruction or special services provided to the child;

(g) Tuition and fees at an eligible institution that is a participating entity; (h) Textbooks required for the child at an eligible institution that is a participating entity or to receive instruction from any other participating entity;

(i) Fees for the management of the education savings account, as described in section 10 of this act;

(j) Transportation required for the child to travel to and from a participating entity or any combination of participating entities up to but not to exceed $750 per school year;

(k) Purchasing a curriculum or any supplemental materials required to administer the curriculum.

You can bet some bureaucrat will find a way to throw a monkey wrench in the works.

Gov. Brian Sandoval signs education bills at Las Vegas school. (R-J photo)



10 comments on “Even the one good law passed by the Legislature has kinks

  1. Patrick says:

    Potentially the absolute worst bill passed. As I said, conservatives seem intent on taking the country backwards to a time when there were no public schools, no fire protection (unless you paid for it yourself) and no other public services.

    Why are conservatives intent on de-volving I wonder? Was the world a better place without public schools, or public sanitation, or public police and fire services? I just don’t understand I guess.

  2. agent provocateur says:

    Reblogged this on Nevada State Personnel Watch.

  3. Nyp says:

    I like the fact that the State of Nevada is now going to pay for madrassa schools.

  4. Steve says:


    The State of Nevada is not “paying” the parents are finally being “allowed” to use education money for their own children in ways they decide are best from a list of “participating entities”.

    Since that list does not yet exist, that ASSumption is RAWNG!
    (but you knew that when you pecked it out on the KB)

  5. Barbara says:

    Tom thanks for the info and for posting the language of the bill. Who could read these bills and be sure as to what they are voting on? What is wrong with saying, “Any parent or legal guardian who is a resident of the State of Nevada may establish an ESA for any child who resides in the State of Nevada. The (department tasked with overseeing this program) will cause to be deposited into the ESA an amount equal to 90 percent of the per pupil funding spent by the public school district of the county in which the parent or guardian resides…. Parents or guardians may spend the money in the ESA for any primary or secondary education related expenses including but not limited to tuition, fees, books and instructional material, transportation, room and board,

    You may not agree with the bill, but at least you could understand what you don’t agree with.

  6. Anonymous says:

    Another 280,000 jobs created in May — way above forecasts.
    Average monthly job creation for the past three months — 207,000 job.s

    I blame that job-destroying ObamaCare for this excellent economic news.

  7. Patrick says:

    I’m wondering what conservatives think about the ever strengthening dollar and how it happened all the while the federal reserve has been pumping out trillions of fiat currency? And how the heck does gold keep dropping?


  8. Barbara says:

    “An education not controlled by government, nor even influenced by government, allows for the freeborn mind. Allows for. Doesn’t automatically and necessarily provide the freeborn mind: One can still be servile or indentured in other ways—shackled by the zeitgeist, for instance, or subject to parti pris. But if a college is economically independent of the government, well, there are just certain things its members needn’t be cowed by. One is liberated from cupboard love. One is no longer conditioned to salivate, like a Pavlovian dog, when a fashionable pedagogical bell is rung. You can make your own mind up. If you think the government’s wrong you can snap your fingers. If you think the government’s right you can tip your hat. But you’re not enthralled. You’ve severed the chain of economic dependence and assumed the high dignity of someone who is educationally freeborn.”

    Michael Ward, University of Oxford, an excerpt from his commenment address at Hillsdale College

    Now Patrick in response to your inquiring mind…hat tip to Mish Shedlock and his blog

    Five Reasons for Dollar Strength

    1.ECB and Bank of Japan are now QE king and Queen
    2.Nearly everyone believes the Fed will hike
    3.US 10-Year interest rates are close to 2%, elsewhere they are close to zero percent
    4.US stock market has been a one way bet
    5.Currency speculators (shown in the above charts), have a huge bet on the dollar

    Every major country has been printing money, not just our Fed. This money went into stocks; it did not circulate through the economy. The Fed can print money causing excess liquidity, but it does not control the velocity of money.

    Read more at http://globaleconomicanalysis.blogspot.com/2015/03/dollar-shortage-revisited-is-japan.html#K5dihVDFpi02YTQ3.99.

    See this article also: http://www.washingtonsblog.com/2014/06/velocity-money-u-s-falls-time-record-low.html

    Gold is a commodity and was in a bull market for a very, very long time. It is not surprising that it has dropped. Sometimes Gold moves in tandem with the dollar and sometimes it doesn’t. I think it is still looking to find it’s bottom after a very long bull market and won’t start back up until the dollar weakens. I do think it is a good long term investment.

  9. Patrick says:

    Gold has dropped from its high (bubble) north of $1,900 less than 3 years ago to less than $1,200 today (and still falling) all the while the US Federal reserve has been printing fiat currency; I thought this was completely contrary to what conservative economists were telling us would happen?




    I am quite sure though, that the scaremongers promoting gold on their websites alongside such articles, will not be deterred.

  10. Barbara says:

    You thought wrong.

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