ESA Update: Finalizing ESA regulations

Karen Gray

Winter break beckons, so here’s a quick ESA note to update you before the holidays.

On Monday, December 21, the Treasurer will hold a public hearing to adopt the ESA regulations, including the Kindergarten and military exemptions for the 100 day enrollment rule. That hearing will take place at 10 a.m. at the following locations and will be video-conferenced:

Be sure to note the new locations and suite numbers.

Everyone is encouraged to fully participate in the public process. Please come to the hearing and share your opinions and comments during the public-comment periods. You can also directly submit written comments to the Treasurer’s office by emailing .

Monday’s hearing is just one step in the adopting and finalizing of the ESA regulations. Once the Treasurer adopts the regulations, the Legislative Commission will have to approve them. The regulations are not in force until the whole process is completed.

January is approaching quickly, and the Legislative Commission’s meeting will be here before you know it, and without much advance notice. Commission members need to hear your comments. Remember, they weren’t present at the previous public hearings to hear the concerns expressed.

Sen. Majority Leader Michael Roberson, who chairs the Commission, has been supportive of Treasurer Schwartz and his efforts. He and the other Commission members should hear your comments. You can contact Sen. Roberson and other members of the Commission here. Public participation in the hearing process is an important way to make change happen. So I strongly suggest being present at the Legislative Commission meeting. I’ll keep you informed on the date and time. Be ready.

There’s good news for prospective participating entities, such as private schools, tutors, opt-in parents, and so on: The Treasurer’s office is moving ahead with development of the registration website. Though it’s not quite ready, some valuable information for vendors has been released. To learn more, visit the Treasurer’s new Participating Entities page.

I know many parents are eagerly waiting to hear back on their applications. A few weeks ago about 900 letters were sent out. Another batch of notices is to go out in the next week or so. In total, the Treasurer’s office has to process over 4,000 applications. So if you haven’t received your notice yet, understand that they are in the works.

A few quick updates:

  • When is the 100th day of enrollment? That’s a question we’re hearing a lot. Here is a list of potential eligibility dates.
  • Special Session and the 100 day rule? As you’re probably aware, Nevada’s legislature is in special session, called by Governor Sandoval — who did not place the 100 day rule on the agenda. Nevertheless, from all reports the Governor and lawmakers were flooded with calls from parents. That is good news, because it will take a lot of active parents and community members to amend or repeal this requirement in 2017.
  • ESA lawsuits? Nothing much new to say, at the moment. The judge in the ACLU case heard oral argument on the motion to dismiss the case on December 10. He was well prepared and asked detailed questions of both sides. He took the matter under advisement, so now we wait for a ruling. The program continues to move forward.

The briefing on the ACLU's motion for preliminary injunction continues. In the Carson City case, a hearing is set for Jan. 6 on the Plaintiffs' motion for preliminary injunction.

I think that covers the big updates. If I’ve missed anything, feel free to drop me an email with your questions.

Wishing everyone a warm holiday season and a very merry Christmas!