NSBA Urges Court to Maintain Injunction on Nevada Voucher Scheme

February 1, 2016

Alexandria, Va. (February 1, 2016) —The National School Boards Association (NSBA) applauds the recent Nevada District Court decision granting a preliminary injunction in the case of Lopez v. Schwartz, halting the state’s Education Savings Account Program (ESAP), that would divert general funds appropriated for public schools to fund private school tuition.

In advance of the Court’s order, NSBA and the Nevada Association of School Boards filed an amicus, “friend of the court,” brief, urging the court to rule in favor of the best interests of Nevada’s public school students and local communities, and against the provision. The State of Nevada is now appealing to the Nevada Supreme Court to lift the injunction.

“The Education Savings Account provision of the bill is an infringement on Nevada students’ state and federal rights to a free public education,” stated Thomas J. Gentzel, Executive Director, National School Boards Association.

“Choice proponents contend that using public funds to subsidize private school tuition will improve achievement among low-income and special needs students, however the research has shown no conclusive evidence that this is the result,” continued Gentzel. “Diverting public funds away from public education to fund private schools doesn’t serve all children equally, and places traditionally underserved students at an even greater disadvantage.”

“We will urge the high court to uphold the preliminary injunction and the trial court’s finding of potential irreparable harm caused by Nevada’s voucher scheme,” said NSBA General Counsel Francisco M. Negrón, Jr. “The Nevada Supreme Court has an opportunity to uphold an important marker for Nevada’s public school children and their schools.”


The National School Boards Association (NSBA) is the leading advocate for public education and supports equity and excellence in public education through school board leadership. NSBA represents state school boards associations and their more than 90,000 local school board members throughout the U.S. Learn more at

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