Court urged to maintain halt on Nevada's Education Savings Account Program

Nevada’s First Judicial District Court Judge James Wilson granted a preliminary injunction in the case of Lopez v. Schwartz earlier this month, halting the state’s Education Savings Account Program (ESAP) established by Senate Bill (SB) 302. In its ruling, the court explained that as the bill diverts general funds appropriated for public schools to fund private school tuition, it violates sections of Nevada’s constitution.

In advance of the Court’s order, the National School Boards Association (NSBA) and the Nevada Association of School Boards (NASB) filed an amicus, “friend of the court,” brief, urging the court to do just that, and rule in favor of the best interests of Nevada’s public school students and local communities.

“The Education Savings Account provision of the bill is an infringement on Nevada students’ state and federal rights to a free public education,” said 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.”

For more information read NSBA's press release.

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