Online classes no longer a path to ESA eligibility for private and home school families

Late last week, the Treasurer's office issued the statement below changing its guidance on how families with students in private school or who are homeschooling can become eligible for ESAs.

Current private school and home school students are no longer able to satisfy the 100-day requirement by taking one online class. That is because state law doesn't allow current private school and home school parents to enroll in online public schools. Students are able to gain full eligibility by enrolling full-time in a public school, including charter and virtual schools.

The full statement is below, but the situation is still fluid. We will keep you up to date. If you have any questions, please contact me at kg@npri.org.

State Treasurer’s Office Clarifies ESA Eligibility

(Carson City, NV) – The Treasurer's Office has been notified by the Nevada Department of Education that pursuant to NRS 388.850, a private school or “home school” student may not participate in a program of distance education (online class) to satisfy the 100 school day requirement. Nevada Revised Statute 388.850 prevents a private school or “home school” student from enrolling in a program of distance education (online class).

However, a private school or “home school” student may qualify for an ESA by taking one or more classes in a public or charter school, pursuant to NRS 386.580(5) and 392.070(3).

“This is not the outcome we had proposed,” said Grant Hewitt, Treasurer’s Chief of Staff. “With school starting in just a few days, we want to ensure that parents had clarity on the issue. We hope that the Legislature addresses this issue in an upcoming legislative session so students can qualify for an ESA though a program of distance education while still attending their primary education choice,” Hewitt said.

In an online note, State Treasurer Dan Schwartz added, "We're still pleased that prospective ESA account holders may satisfy the 100 school day requirement by enrolling in one (or more) courses at a public or charter school. And, of course, Nevadans are still encouraged to voice their opinions at our upcoming August 21 Workshop."