State Treasurer Dan Schwartz is getting pushback for a rule he proposed to help military families access Nevada's new education savings accounts.

Schwartz drew high praise from military families last month when he proposed exempting them from a requirement to attend public school for 100 days before becoming eligible for the program, which gives parents public money for private schools or other qualified education expenses.

But state lawyers said last week that they don't think Schwartz has the authority to do that, or to exempt kindergartners from the 100-day rule.

Schwartz responded Monday, arguing the military exemption can stand because of a 2009 interstate compact aimed at ensuring military children aren't disadvantaged in school by their parents' frequent moves.

Money is expected to start flowing to the program in February.