Schwartz v. Lopez/Duncan v. State of Nevada

Tuesday, October 4, 2016
School Law Resources

The Nevada Supreme Court has ruled that the Nevada’s Education Savings Accounts (ESA) program, also known as SB 302, does not violate Article 11, Section 2 of the Nevada Constitution, which requires the state legislature to provide for “a uniform system of common schools.” It also concluded that SB 302 does not run afoul of Article 11, Section 10, which prohibits the use of public funds for sectarian purpose. However, the state supreme court found that any use of funds appropriated in SB 515 for K-12 public education to instead fund the ESA program violated the requirements of Article 11, Sections 2 and 6.

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