Lopez v. Schwartz
Defeating Vouchers
ENN Leads Defeat of Universal Voucher Program
On September 9, 2015, a group Nevada public school parents, supported by Educate Nevada Now, filed a lawsuit challenging the state’s new ESA voucher law - and won!
The lawsuit, Lopez v. Schwartz, stopped the proposed voucher program in its tracks and has since generated media attention and has served as a model for other states to fight against private school vouchers that drain funds for public schools.
The Decision:
The Nevada Supreme Court agreed with the main claim in Lopez v. Schwartz, finding that the funding structure of the ESA program was unconstitutional for two reasons:
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The voucher bill was not an appropriation; it simply funneled money out of the public school funding appropriation bill (SB 515), and
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The public school appropriation bill is constitutionally protected. Money for public education must be set aside first, before all other State expenditures, and cannot be diverted to other programs, such as the voucher program.
The ESA voucher law, SB 302 which was passed in 2015, would have diverted a portion of the money appropriated for the public schools to be used for something other than public education.
This Supreme Court ruling was not based on a technicality that would be remedied with a quick fix. The ESA program would need to be changed in fundamental ways before implementation could take place:
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The program could no longer be “universal,” that is, accepting all applicants without a spending ceiling, since funds to support vouchers cannot be taken from the public school appropriation. The program would have to draw on a finite appropriation, established by the Legislature, and that would mean that lawmakers would have to seriously consider limiting voucher eligibility to low-income students or special education students.
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Given the initial pool of voucher applicants, the Legislature would have to find approximately $40 million a year to pay for vouchers. The funding would have to come either from cutting other state programs or raising taxes.
In summary, the Supreme Court made sure that funds allocated for the public schools continue to be used for that purpose alone, in accordance with the law. In this way, the Court protected the hundreds of thousands of Nevada public school children, their schools and their communities.
Legal Support Team
ENN partnered with some of the most skilled and passionate attorneys in the country, who graciously offered their services pro bono in the fight to protect public education. This legal team successfully stopped the controversial ESA voucher program, winning at the Nevada Supreme Court on behalf of a group of parents in Lopez v. Schwartz. The team’s commitment to public service has had, and will continue to have, an enormous impact on Nevada public school children. Munger, Tolles & Olson Tamerlin Godley Tamerlin Godley is a litigation partner with Munger, Tolles & Olson. In addition to excelling in complex business litigation, she has become a leader in school finance reform and litigation aimed at ensuring all children have the opportunity to succeed. As a former school board trustee and teacher, Mrs. Godley possesses a unique and experienced perspective on what is needed to support a quality K-12 education system. Mrs. Godley currently leads the pro bono team that obtained a preliminary injunction blocking implementation of Nevada’s sweeping voucher law, preventing the potential loss of $200 million from public schools. Education Law Center David G. Sciarra, Esq., Executive Director David Sciarra is the Executive Director of the Education Law Center (ELC) based in Newark, NJ. In addition to overseeing the operations of the organization, Mr. Sciarra serves as lead counsel for the school children in NJ’s Abbott v. Burke litigation. The Abbott decisions significantly advanced the provision of fair school funding, high quality early education, safe and adequate school facilities, and school reform, especially to schools serving high concentrations of at-risk students and students with disabilities and other special needs, and have been heralded as the most important legal advances for public school children since Brown v. Board of Education. ELC also provides legal services to individual parents and groups in matters involving the education rights of students under state and federal law, including English language learners and students with disabilities. ELC also facilitates coalitions of parents and community and advocacy groups working to protect the rights of public school children. Jessica Levin Jessica Levin is an attorney at Education Law Center in Newark, New Jersey, where she recently completed a Skadden Fellowship. Her practice focuses on advocacy for English Language Learner students and includes representation of individual families as well as impact litigation. In addition to supporting the pro bono team challenging Nevada’s voucher program, she tracks school voucher and charter school litigation nationwide. Wolf, Rifkin, Shapiro, Schulman & Rabkin Bradley Schrager Bradley Schrager is a partner at Wolf, Rifkin, Shapiro, Schulman & Rabkin. Mr. Schrager focuses his practice on political and legislative processes, and on constitutional litigation. As a member of the pro bono team challenging Nevada’s sweeping school voucher law, Bradley’s extensive experience in Nevada appellate practice and handling complex, high profile cases has played a significant role in the success of the challenge. Whether as an advocate for children in foster care, for minimum wage workers in Nevada and nationwide, or for a healthy public school system, Mr. Schrager continues to demonstrate his commitment to Nevada children and public service. Don Springmeyer Don Springmeyer is a litigation partner at Wolf, Rifkin, Shapiro, Schulman & Rabkin. Mr. Springmeyer has over 30 years experience in high stakes, complex litigation. As a fourth generation Nevadan, his devotion to the future of his community is paramount and a driving force behind his commitment to ensuring a fair and equitable education for all Nevada children. Mr. Springmeyer has extensive experience in appellate practice, handling multiple cases before the Nevada Supreme Court and before several federal circuit courts. Recognized for multiple consecutive years as one of Nevada’s top lawyers, his leadership as a member of the pro bono team challenging Nevada’s controversial school voucher law has proven invaluable.
