Gov. Joe Lombardo (R-NV) saw some victories and losses in his attempt to push his school choice agenda through Nevada’s Democratic-controlled legislature. 

Last month, Lombardo unveiled a bill seeking to expand educational options that contained a host of school choice priorities, including “opportunity scholarships,” which were high on the governor’s agenda for passage. But Nevada’s chief executive faced an uphill battle in a state where Democrats, who squashed similar educational priorities in 2023, hold critical power. 

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Despite the state’s Democratic-controlled legislature, the governor’s allies expressed confidence that some factors, including Lombardo’s veto power, gave him critical negotiating power with lawmakers on the other side of the aisle. When the final results of Nevada’s legislative session came rolling in, some of that faith was rewarded.

Some school choice advocates, however, expressed consternation that key elements of Lombaro’s bill, including opportunity scholarships, were dropped from the final education compromise reached by lawmakers.

Lombardo victorious on open enrollment, school accountability

Some of Lombardo’s priorities, including open enrollment policies and $7 million in transportation funding for students attending low-performing schools to attend higher-ranked schools, successfully made their way into Democratic Senate Majority Leader Nicole Cannizzaro’s Senate Bill 460, which focused on increasing school accountability. Open enrollment means K-12 students can transfer to a school not designated based on their zip code, including charter and innovation schools. 

The final compromise bill also expanded the number of seats available in public charter schools, which have limited resources — a win for school choice in Nevada.

If a school district is rated as low performing, the city or county in that area will be allowed to add additional seats to charter school campuses, create additional options for student enrollment, and increase up to 15% of individual school enrollment for schools outside of the traditional district governance. The provisions aim to remove barriers to charter school access and prompt improvement in chronically failing districts by introducing alternatives.

Codifying equal pay for charter school teachers, another Lombardo priority, was also passed by the legislature through Assembly Bill 398. State Democrats added pay raises for charter school teachers after the governor threatened to veto the education budget if it left out the “non-negotiable” raises.

Lombardo and his allies heralded the results as a historic success for Nevada. 

“We … passed historic education choice and accountability, so that every Nevada student can graduate career or college ready,” the governor said in a statement.

“We implemented open zoning so our children can attend the school that best fits their educational needs, and we provided resources to allow those children trapped in underperforming schools transportation to attend the school of their choice — regardless of their zip code. Simply put, we have instituted more educational accountability measures than during any legislative session in the history of Nevada,” he continued. 

John Burke, the spokesman for the Lombardo-adjacent Better Nevada PAC, told the Washington Examiner that Lombardo’s success in getting the educational choice items passed through a Democrat-controlled legislature “represents the greatest progress in years” for school choice in Nevada. 

“Open enrollment, equal pay for charter school teachers, and increased accountability for our education system will help thousands of students, parents, and teachers across our state, giving power to families, not bureaucrats,” Burke said. “While Democrats shamefully refused to compromise on their opposition to increasing funding for scholarships that help low-income Nevada children, it is undeniable that this is a massive step forward for the people of our state.” 

School choice advocates mourn loss of opportunity scholarships

While he saw some wins, Lombardo experienced a critical setback in attempting to push his education agenda forward: the elimination of a provision to expand opportunity scholarships.

The state’s Opportunity Scholarship Program offers financial assistance for low-income private school students. However, the availability of these scholarships is limited and competitive, leading the governor to advocate expanding the program.

School choice advocates based in Nevada mourned the loss this week. 

Valeria Gurr with the American Federation of Children said a failure to implement the policy would leave far too many schools “classified as failing.” Nevada schools are regularly rated as some of the worst in the country.

“The Opportunity Scholarship program will remain capped at 6.6 million serving about 1,600  low income and minority students but unable to serve more as it is at capacity,” Gurr wrote in an emailed message to school choice supporters on Tuesday. “Instead of expanding educational opportunities, the legislature prioritized other education-related initiatives, leaving private school choice off the table.” 

Even the open enrollment policies that passed the legislature, Gurr said, will likely be “undermined by district-imposed barriers that restrict access, leaving countless families without meaningful or practical alternatives.” 

LOMBARDO EYES OPENING TO RAM SCHOOL CHOICE BILL THROUGH NEVADA’S DEMOCRATIC LEGISLATURE

Other school choice groups heralded the passage of open enrollment as a critical victory, pointing to a recent poll that found 87% of Nevada K-12 families support the policy. 

“This bill removes artificial barriers that have held students back for too long by putting students first—not school boundaries,” said Halli Faulkner, senior legislative director for the “yes. every kid” organization. “Every child deserves the chance to attend a school that meets their needs, and this bill makes that possible. yes. every kid. is grateful for the bipartisan leadership of Gov. Joe Lombardo and the original bill sponsor Assembly member Selena Torres-Fossett, who fought to make this policy a reality for Nevada families.”