Nevada’s ESA Voucher Program Resources

Educate Nevada Now is a reliable resource for information about Nevada’s ESA voucher program. Learn more about the issues surrounding voucher programs in Nevada and around the country through national and local reports, studies, research, and analysis.

Studies & Reports
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Professional Judgment Study Report

This report summarizes the Professional Judgment (PJ) Study conducted by Augenblick, Palaich, and Associates (APA) for the Lincy Institute at University of Nevada, Las Vegas (UNLV). The Institute commissioned the PJ study as part of a review of Nevada’s school funding system. The review called for studies like this one to update the 2006 Nevada education funding adequacy study.

Research Documents
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Private School Affordability

Nevada’s school vouchers do not cover tuition at most private schools in the state. Families will be forced to reach into their own pockets – even with ESAs.

Research Documents
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Per Pupil Myth

Proponents of this unconstitutional voucher program claim Nevada’s public schools will somehow have more money if SB 302 is implemented. Here’s why their math doesn’t add up.

April 29, 2016   |   Legal Documents
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Appellants Reply Brief

On Friday, April 29, 2016, the Attorney General files reply to parents’ arguments, on behalf of the Treasurer. The brief argues that the voucher program is constitutional, and therefore, the parents’ injunction should be lifted.

April 6, 2016   |   Legal Documents
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Duncan Amicus Curiae Brief

On April 6, 2016, plaintiffs in Duncan v. State, another case challenging the voucher law, filed an amicus brief at the Nevada Supreme Court in support of the parents' preliminary injunction that has halted the program.

March 25, 2016   |   Legal Documents
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Respondents' Answering Brief

On March 25, 2016, public school parents file a response to the Treasurer's appeal of the preliminary injunction at the Nevada Supreme Court.

March 2, 2016   |   Legal Documents
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Order To Post Security

March 2, 2016, Judge James Wilson denies the Treasurer's initial request for a surety of $238,900, stating the Treasurer provided no evidence for the high surety amount.

February 12, 2016   |   Legal Documents
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Order Granting Motion To Expedite

February 12, 2016 - The Nevada Supreme Court grants Treasurer's unopposed motion to expedite the case, meaning this preliminary injunction appeal will be decided more quickly than a typical appeal.

January 11, 2016   |   Legal Documents
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Order Granting Motion For Preliminary Injunction

Jan. 11, 2016 - Judge James Wilson grants the parents’ motion for preliminary injunction, stating the public school parents have “clearly shown SB 302 violates the Article 11, Section 6.1 and 6.2 of the Nevada Constitution.” These sections prohibit the diversion of funds specifically set aside for public education, and prohibits reducing these funds below the level deemed sufficient by the Legislature. Since SB 302 violates the Nevada Constitution, the judge also found that parents would necessarily be irreparably harmed if the program were to go into effect, in accordance with settled case law.

December 30, 2015   |   Legal Documents
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Decision And Order, Comprising Findings Of Fact And Conclusions Of Law

Dec. 30, 2015 - Judge James Wilson denies intervention to clients of pro-voucher advocates, Institute for Justice. The judge finds the proposed intervenors added no new legal arguments to the case, and their interests were adequately represented by the Attorney General, who is defending SB 302.

December 24, 2015   |   Legal Documents
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Order Denying Defendants Motion To Dismiss

Dec 24, 2015, Judge Wilson denies Defendants countermotion to dismiss the parents' lawsuit. The judge determines the parents alleged sufficient facts for the case to continue.

Legal Documents
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The National Association Of School Boards' Amicus Brief

The National Association of School Boards, representing public officials elected to Nevada’s school boards, filed a “friend of the court” brief before Judge Wilson supporting the parent who brought the lawsuit against SB302 vouchers, because of the great harm that these vouchers would inflict on public school education.

November 24, 2015   |   Legal Documents
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ENN Files Reply To Attorney General Reiterating Need To Block SB302

In court papers filed on November 24, 2015, parents suing to block Nevada’s voucher law responded to the Attorney General and his backing of the State’s sweeping voucher program that will result in the diversion of critical funding earmarked solely for the education of children in the public schools.

November 5, 2015   |   Legal Documents
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Opposition Motion For Preliminary Injunction And Countermotion To Dismiss

On November 5, Nevada Attorney General Adam Laxalt asked a Carson City judge to dismiss the Parents' lawsuit challenging the constitutionality of the state's new education savings accounts, widely considered to be the most aggressive school-choice program in the country. In the motion to dismiss, the attorney general's office argued the Nevada Constitution requires the state to "encourage education" by "all suitable means."

Legal Documents
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Motion For Preliminary Injunction

Six parents who are suing the State of Nevada over the new voucher law Senate Bill 302 (SB302) filed a preliminary injunction motion to prevent the loss of millions in funding to their children’s public schools.

September 9, 2015   |   Legal Documents
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Nevada Voucher Complaint Filed September 9, 2015

On September 9, 2015, five parents whose children attend Nevada public schools filed a lawsuit challenging the State’s new voucher law – Senate Bill 302. The lawsuit claims that the voucher law violates the Nevada Constitution’s explicit ban on using public school funding for private schools. The lawsuit also seeks to permanently block the State Treasurer from implementing the voucher program.