NSBA Urges Nevada Court to Prohibit the Diversion of Public Dollars from Public Education

November 24, 2015


Alexandria, Va. (November 24, 2015) - The National School Boards Association (NSBA), joined by the Nevada Association of School Boards (NASB), filed a “friend of the court” (amicus) brief in the First Judicial District Court of Nevada in the case of Lopez v. Schwartz, urging the Court to grant a preliminary injunction to halt the pre-registration process Nevada has initiated to use public funds to provide savings accounts for private education.

The Court will consider the issue of whether the Nevada law, authorizing the use of scarce public tax dollars to fund private entities, is prohibited under the Nevada constitutional provisions requiring a uniform system of common schools, and a free public education for all students.

“It is NSBA’s longstanding position to oppose diverting public funds away from public education to fund private schools,” stated Thomas J. Gentzel, Executive Director, National School Boards Association. “If the Court does not rule against these voucher schemes, it will strengthen efforts that seek to erode school board members’ ability to prepare all students for success in the 21st century.”

In the brief, NSBA and NASB urge the Court to find the Education Savings Accounts Program (ESAP) established by SB 302 (2015) unconstitutional, and an infringement on Nevada students’ state and federal rights to a free, public education. They assert that the program fails to meet the state’s constitutional obligation to offer a public education wherein all children may be educated, including those with disabilities.  

“The Nevada Association of School Boards continues to oppose efforts to weaken the public education system, which is the foundation of a free and democratic society,” stated Dr. Dotty Merrill, Executive Director, Nevada Association of School Boards. “We urge the Court to grant the preliminary injunction and rule in favor of the best interests of Nevada’s public school students and local communities.”

NSBA regularly represents its 90,000 school board members’ interests before Congress and the judiciary. As amicus curiae in many federal and state courts, NSBA continues to urge courts to refrain from joining a troubling wave of nationwide efforts to divert public tax dollars away from public schools to fund private entities.

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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 board associations and their more than 90,000 local school board members throughout the U.S. Learn more at

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