Molly Hunter of the Education Law Center sent me its news release on the ruling in Nevada that the state cannot take funding dedicated to public schools and use it for “education savings accounts” (ESA), a thinly disguised voucher.
A Nevada judge enjoined the implementation of the voucher program last January.
In the 2016 election, Democrats in Nevada gained control of both houses of the legislature. They do not need to repeal the ESA legislation, although they could. All they need to kill the vouchers is to not allocate any funding to ESAs. The state courts made clear that the funding could not be taken away from the public schools, a policy embedded in the state constitution.
From the Education Law Center:
September 29, 2016
Education Law Center welcomes the Nevada Supreme Court decision in Lopez v. Schwartz firmly declaring the state’s Education Savings Account (ESA) voucher program unconstitutional and permanently blocking its implementation.
The Court’s ruling makes clear that the Nevada Legislature violated a constitutional prohibition against the use of public education funding for any purpose other than the operation of the public schools. The ESA voucher program would have diverted funds from the public schools for private education expenditures.
This decision strikes at the heart of the ESA voucher program, which was designed to remove significant amounts of funding from public school budgets to pay for private school tuition and other expenses, even for the wealthy. The court’s sweeping ruling permanently blocks the program from being implemented in the future.
“The Court confirmed that the parent plaintiffs’ claims were correct – the state constitution expressly directs that funds appropriated by the Legislature for public education be used for that purpose and that purpose alone,” said David G. Sciarra, ELC Executive Director, and, along with ELC attorney Jessica Levin, a member of the pro bono legal team representing Nevada parents and children in the voucher lawsuit.
ELC is a partner in Educate Nevada Now (ENN), a Nevada campaign in support of public education founded by the Rogers Foundation. ENN and the Rogers Foundation provided crucial support in the voucher lawsuit. With implementation of the voucher program now blocked, ELC will continue to work with ENN and the Rogers Foundation to improve the educational experiences of the half million children in Nevada’s public schools.
Here is a brief chronology of the case, Lopez v. Schwartz, also from the ELC:
On September 9, 2015, a group of parents whose children attend Nevada public schools filed a lawsuit challenging the state’s new voucher law. The lawsuit, Lopez v. Schwartz, has generated media attention and interest from parents, educators and taxpayers.
In June 2015, the Nevada Legislature passed Senate Bill 302 (SB302) establishing a controversial program to use public funding to pay for private schooling. For students who qualify, the voucher law directs the State Treasurer to deposit taxpayer funding into private bank accounts – called “Education Savings Accounts” (ESAs) – to pay for private school tuition, tutoring, online classes, home-schooling expenses, transportation to and from private schools, and other private services.
ESAs are funded by diverting the per pupil funds provided by the Legislature for Nevada public schools. The ESA amount is based on the statewide average per pupil amount guaranteed in the state budget to operate the public schools. The vouchers are either 90% or 100% of that amount, or between approximately $5,100 and $5,710. For each ESA, the State Treasurer deducts the per pupil amount from public school district budgets, which then reduces the funding available to educate public school students.
Nevada parents sued because ESAs will take critically needed funding away from public schools and lower the quality of education for their children. ESAs will also reduce public school funding, causing cuts to teachers, support staff and other vital programs for the 450,000 Nevada children attending public schools across the state, many of whom are children with disabilities, English language learners (ELL), and students at-risk of falling behind or dropping out.
The Nevada Constitution prohibits taxpayer funds provided by the Legislature for the operation of the public schools from being used for any other purpose. The parents claim that the voucher program violates this constitutional ban by diverting the funding necessary to educate their children in the public schools to pay for private school vouchers.
The parents also claim that the voucher law violates the Nevada constitution by lowering the amount of funding provided in the Nevada state budget for public education and by using public funds to pay for private schools that are not required to serve all students, are not subject to anti-discrimination laws, and are not accountable for student performance like the public schools are.
In January 2016, the parents won their motion for a preliminary injunction in the trial court, which halted implementation of the voucher program. State Treasurer Dan Schwartz appealed the trial court decision to the Supreme Court of Nevada, which heard oral arguments in July 2016. On September 29, 2016, the Supreme Court ruled that the ESA voucher program is unconstitutional because it violates the prohibition on use of public school funds for other purposes, and permanently blocked its implementation.

Nevada readers: will the elected Dems do the right thing, or do you have DFERs/DINOs there?
I hope your answer is the former!
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Nevada’s President of the State Board of Education is the ex-wife of gambling magnate, Steve Wynn. Her stellar credentials may explain the ed reformer’s inability to grasp cause and effect. It’s understandable when you consider the weak link between her knowledge/accomplishments and the position conferred upon her. Years ago, a man was attracted to her and she got rich from his ability to get people to part with their money, for his brand of entertainment. It doesn’t provide a good training ground to learn cause and effect. In 2015, as State Board President, she said, “I’ve never been as alarmed as I am today”. The excessive number of teaching vacancies provoked her fear. Elaine Wyn further, lamented, “We’re going to all sink. This is horrific.” I guess she couldn’t anticipate the tie-in between the governor’s declared war on public education and teachers and the number of vacancies.
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THE ATLANTIC Magazine just did a story on Nevada’s hiring of unqualified teachers in response to a teacher shortage:
http://www.theatlantic.com/education/archive/2016/11/are-uncertified-teachers-better-than-substitutes/509099/
x x x x x x x x x x x x x x x x x x
THE ATLANTIC:
“Still, allowing non- or barely credentialed teachers to take over classrooms is worrisome to educators like Magdalena Martinez, the director of education programs for the Lincy Institute at the University of Nevada, Las Vegas.
” ‘We can’t be in a rush to fill all our vacancies if we can’t fill them with quality teachers,’ Martinez said. ‘There’s great concern, and it’s legitimate, that the district is under so much pressure to fix the teacher shortage.’
” … ”
“At the start of this school year, the district had 700 unfilled teacher jobs. So the state and district are trying some creative—and highly controversial—strategies to draw teachers into the county’s rapidly diversifying and increasingly needy schools.
“The biggest push by far happened early this year when Nevada Governor Brian Sandoval issued an emergency teacher-hiring regulation allowing school districts to issue provisional licenses to teachers who otherwise would not qualify to teach in Nevada schools. The regulation immediately raised concern that hundreds of subpar teachers would fill the vacancies.
” … ”
“Hit hard by the recession, Nevada public education ‘is at the bottom of all national metrics,’ Martinez said.
” ‘We lead the nation in foreclosures and the disinvestment from public services, including public education. Our challenges—poverty, language learning, parents under- or unemployed—are very clearly manifest in our student outcomes.’
“Indeed, in a 2016 state-by-state assessment that compared student achievement, chances for success, and financial investment per student, Nevada ranked last in the nation. The state’s largest school district—one of the biggest in the country—is Clark County, which includes 376 schools, about 15,000 teachers, and more than 320,000 students, according to the National Center for Education Statistics’ most recent data.”
” … ”
“In addition to the quantity of long-term substitutes the district relied on, quality was also an issue. Some of the educators are on a path to becoming certified teachers, Esparza noted, but others may not intend to stay in the profession. This stopgap approach ultimately affects the students.
” ‘It’s disruptive for the kids, especially for kids with special needs who need consistency, and it’s unfair. It’s basically a warm body in the room, just to make sure students are supervised.”
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Interesting
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Unfortunately, the politicians and the grifters/profiteers have 1 agenda and when one avenue is closed, they bulldoze through another. Hopefully, they won’t be able to rename, reword, rework, repackage the same garbage through another crack. Here in NJ, the voters said no to north Jersey casinos. Meanwhile, the investors are going to take another tack, because they have already paid off the politicians. They will try to call slot machines something different to curtail the law, and install them at the racetrack to start. Hopefully, the citizens will fight tooth and nail.
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Hope you have better luck than Ohioans did, in the same scenario.
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“ This is from Rep. Chris Taylor, Wisconsin Democrat, posted at http://www.prwatch.org/news/2016/12/13183/trump-nation-alec-land
“The priorities of a Trump presidency and ALEC are identical – more tax cuts for the wealthy as the wages of low and middle income workers stagnate, gutting environmental protections and clean energy initiatives, and privatizing public education.
At the Education and Workforce Taskforce meeting today, the next wave of K-12 privatization efforts were pushed in the form of Educational Savings Accounts (ESAs), where a portion of state monies spent on public education is given directly to parents to spend in any way or at any school they choose with little oversight.
According to a director from the J. Stanley Marshall Center for Educational Options, even “horse therapy” can be covered by ESAs.
Horse therapy is only one of many possibilities. I have nothing against horses. I know that some students with special needs have benefitted from learning to ride horses.
But a lot depends on the horse, and the student, and the horse manager/teacher/trainer.
A lot of kids just love horses (or think they do). Getting to ride a horse would be an easy-to-market service, a hot “engagement strategy,” and test of “courage” for the uninitiated
SEL learning galore will be available for the holders of an ESA.
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