Shea v. Nevada Not Moving Forward

Court decided constitutional language does not permit them to intervene and decide what is adequate

It is with a heavy heart that we announce that the Nevada Supreme Court decided to grant the State’s motion to dismiss Shea v. Nevada, meaning the case cannot move forward. A group of brave families from throughout the state challenged the adequacy of Nevada’s public education system, detailing how grossly inadequate resources led to a system that failed to comply with the Nevada Constitution’s education clause. These inadequacies have resulted in the largest class sizes in the country and a chronic lack of other essential resources. Nevada has continued to rank near the bottom in funding, which has resulted in many students struggling with proficiency and the lowest college admission scores in the country.

To be clear, the decision in no way claimed that Nevada’s education system was adequate, only that the language of the constitution does not permit the courts to intervene and decide what is adequate.

ENN and The Rogers Foundation are so grateful for the many parents who boldly stood up and challenged the system as plaintiffs in this case. They spent the last two years in the spotlight, fighting not only on behalf of their own children but all Nevada’s public school students. They were and will continue to be fierce advocates in our community. 

This is not the end. The court indicated a couple paths forward for future litigation, and we have a robust team of supporters and advocates who refuse to give up on our students.  

Now, without court intervention, the power to do right by our children will continue to rest in the other two branches of government.  Throughout the years, several lawmakers revealed to us they were hopeful a court order would give them a platform to move drastic legislation, but now they must take bold action without one.  At this time, there is no litigation or court decision to compel lawmakers to act, but that does not mean we as a community cannot demand action. Electing leaders that are willing to do right by our students is more important than ever. Nevadans need to stand up and demand action because the courts have made clear that state lawmakers are the final arbiters of our public education system,

Although the courts held they did not have the authority to determine whether the system was adequate, we as Nevadans cannot accept the following as sufficient for our students:

• The largest class sizes in the country. 

• Only 1 counselor for every 450 students

• The lowest ACT scores in the country

• Only 21% of 8th grade students and 30% of 7th grade students were found to be proficient in math. (Pre-covid)

• Less than 50% of Nevada students are considered to be proficient in math and reading in 3rd, 4th, 5th, 7th and 8th grade levels. Meaning at least half of Nevada students are without the necessary reading and math skills. (Pre-covid)

• Students with unique needs fare far worse with only 5% of English learners (EL), 20% of low-income students (FRL) and 6% of students with disabilities deemed proficient in 8th grade math and similar scores in reading. (Pre-covid).

Despite what may seem like major investments in education, when you adjust for inflation Nevada has NOT made a dent in adequately funding our schools. 

The Covid crisis has shown a spotlight on the lack of resources in our schools, but it has also revealed the critically important role schools play in our communities. We remain determined and hopeful that with strong community engagement and renewed commitment from lawmakers, we can effectuate positive change. 

We are inspired by a community that will continue to advocate for Nevada’s students and speak with their votes this coming fall and onward. The courts have left the power of providing a sufficient education system in the hands of our other two branches, and as a result, that power is now in the hands of Nevada’s voters.