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They could be given to parents to give to the school of their choice, which would then be turned into the Department of Education for reimbursement, or given directly to parents.

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Licensed schools must use licensed teachers and follow other requirements.

Students would have to pass the high school proficiency exam to earn a diploma.

“I think if it is a legitimate educational institution meeting the needs of students to prepare them to graduate from high school and go on to college, then a religious affiliation would not prohibit a school from participating,” he said. Article 11, Section 10 of the Nevada constitution is a provision called a Blaine Amendment dating back to statehood, which prohibits the expenditure of public funds on “sectarian purposes.” Courts have rejected voucher school programs in other states because of these Blaine Amendments.

Lee Rowland, northern coordinator for the ACLU of Nevada, said a reading of the state constitution suggests there is no way a voucher plan in any form would withstand a legal challenge.

Those private schools that are not licensed would be ineligible.