The Legal Challenge to SB302, Nevada’s Unprecedented Universal Voucher Program PowerPoint presentation courtesy of Educate Nevada Now, Powered by the Rogers Foundation Saving PUBLIC EDUCATION:

Quick Overview SB 302 “Education Savings Account” or voucher bill, passed last week of 2015 legislative session. $5,100 or $5,700 per pupil diverted away from public schools to private schools/entities and other private uses (eg computers, curriculum, evaluation services). Beneficiary child must be withdrawn from public school, still entitled to enjoy public schools’ sports activities. No restriction on eligibility except attending at least one public school class for 100 consecutive school days immediately prior to applying. – Treasurer’s Regulations further expanded by exempting Ks and military from 100-day attendance requirement. (approved by Legislative Commission in November 2015)

Two Lawsuits Filed Duncan v. State – ACLU case challenging use of public funds to religious schools in violation of NV Const. Along with other constitutional violations. “No public money to be used for sectarian purposes. No public funds of any kind or character whatever, State, County or Municipal, shall be used for sectarian purpose.” Nev. Const., Art. 11, Sec. 10

Lopez v. Schwartz Challenge Brought by 6 parents, filed in Carson City, before J Wilson Claims that SB 302 violates the NV constitution: By diverting public school funding to pay for private school vouchers; By reducing public school funding below the amount necessary for their operation; By exempting voucher schools from public school accountability, performance and anti-discrimination requirements.

Lopez v. Schwartz Order January 13 – Judge Wilson granted a preliminary injunction, finding the ESA voucher program most likely violates Art 11, Sec 6 of the NV Constitution (Education First amendment) – Public school dollars are set aside first in the budget process, and cannot be reduced from the level deemed sufficient by the Legislature – AG asked J Wilson for $350,000 in surety, but judge lowered to $75,000, stating AG’s request was unsupported by evidence

Lopez Timeline (estimated) Sept. 9, 2015 – A group of public school parents file complaint against Treasurer to stop voucher program. Dec. 23, Treasurer’s motion to dismiss denied. Jan. 6 - The First Judicial District Court conducts hearing on plaintiff parents’ preliminary injunction motion Jan. 11 – Judge Wilson grants plaintiffs motion and grants preliminary injunction and puts voucher program on hold. March 4 – Deadline for Treasurer’s brief on preliminary injunction. March 25 – Deadline for Plaintiffs’ reply. Likely Mid April - NV Supreme Court will affirm/deny preliminary injunction. Then case moves back down to lower court for trial/decision on merits.

Why is this important Impact on public schools – Diverts limited public school funds to unregulated private schools, not accountable to the state – Creates instability in public schools budgets, making it harder to institute reforms, plan or recruit teachers. – Fixed costs remain when public school students leave, and at least at beginning of program cost savings are unlikely to be realized. – Public education funding, calculated under the Nevada Plan, will continue to shrink as the state subsidizes exit to private schools, by overwhelmingly affluent parents.

Why this is important Impact on election – potential wedge issue with polling already being conducted by Friedman Foundation Discrimination, segregation, and isolation of certain populations – special needs, academically at-risk, in poverty, ELL. Most private schools are not affordable, meaning affluent parents most likely to take advantage of the program (see ENN analysis of applicant data) – Even if affordable, no meaningful quality assurance mechanism

Applicants per 1,000 school-aged children

Total Applicants by Median Household Income of Zip Code

Big Picture The kids who need a strong public school system the most will be hurt by the program. Nevada is on track to subsidize every private schooler/home schooler in the state – undermining funding gains made during the last session. Nevada’s program is unprecedented, and pushed through with little scrutiny. It is unconstitutional!

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