Nevada’s new Education Savings Account is facing another lawsuit. 

The private group Educate Nevada Now is suing the state, claiming the program is unconstitutional. The education savings account gives parents state funds to help pay for their child’s tuition if they choose private schooling. Educate Nevada Now says this violates the state’s constitution, saying public school funds must be spent on public education.

The American Civil Liberties Union already filed suit against the state over the program. The ACLU claims the program will use state money to pay for religious schools, something that violates the separation of church and state.

Governor Brian Sandoval released a statement on the lawsuits say they “potentially deprive parents of the opportunity to determine the educational future of their children.”