The school has unsuccessfully sought permission from the state board, which acts as its sponsor, to bring distance learning to students in kindergarten through third grade. It now enrolls students in grades four through eight.

"The result is many children who need this school option are being denied access, including the younger siblings of students who are currently enrolled in NVVA," said Bill Bukovi, board chairman for the academy.

The school's attorney, state Sen. Terry Care, D-Las Vegas, said in the petition that the board decision at issue was made on March 8, when five of 10 state board members voted against a motion to approve an amendment to the academy charter.

"The reasons for the votes by the certain members were unsupported by objective grounds and the board did not issue any written findings of fact or conclusions of law to NVVA for the denial of the amendment application," Care said in the petition.

The Nevada Department of Education is also named in the matter. State Superintendent of Schools Keith Rheault was not available for comment Thursday.

The five state board members who voted against Virtual's request were Anthony Ruggiero, Cindy Reid, Merv Iverson, John Gwaltney and Marcia Washington. Transcripts of the proceeding were included with the petition.

The charter school is asking the court to set aside the decision of the state board and require board members to comply with state law, which allows distance education in the primary grades.