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Lopez v. Schwartz
JM
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jasmine mayfield
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Updated Feb 4, 2021
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00:01 - 00:04
Hello. So today I'm going to do my presentation on
00:05 - 00:07
a court case out of Nevada.
00:09 - 00:11
That court case is Lopez v.
00:12 - 00:20
Sports, and this case focuses on a lawsuit that parents
00:21 - 00:25
from the Nevada Public School System community brought against a
00:25 - 00:29
new bill that was passed that would allow vouchers.
00:31 - 00:32
Wow! Okay.
00:34 - 00:39
In June of 2015, the Nevada Legend Nevada legislator passed
00:39 - 00:44
Senate Bill 30 to establishing a controversial program to use
00:44 - 00:48
public funding to pay for private schooling for students who
00:48 - 00:52
qualify. The voucher law directs the state treasurer to deposit
00:52 - 00:57
taxpayer funding into private bank accounts called education Savings Accounts
00:58 - 00:58
or ESA's.
01:01 - 01:03
These accounts would take those funds to pay for private
01:04 - 01:10
school tuition, tutoring, online classes, home schooling expenses, transportation to
01:10 - 01:19
and from private schools and other private service is On
01:19 - 01:23
September 9, 2015, a group of parents whose Children attended
01:23 - 01:28
Nevada public schools filed a lawsuit challenging challenging the state's
01:28 - 01:29
new voucher law.
01:36 - 01:39
So what's the big deal behind the voucher law?
01:39 - 01:41
Why are parents so upset?
01:43 - 01:46
Well, if we look deeper into it, we see that
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ESAs are funded by diverting the per pupil funds provided
01:51 - 01:53
by the legislator for Nevada public schools.
01:54 - 01:57
The essay amount is based on the statewide average per
01:57 - 02:01
pupil amount guaranteed in the state budget to operate the
02:01 - 02:01
public schools.
02:03 - 02:06
The vultures are either 90% or 100% of that amount,
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or between approximately $5100.5710 dollars for each essay.
02:15 - 02:18
The state treasurer deduct the per pupil amount from public
02:18 - 02:23
schools district budgets, which then reduces the funding available to
02:24 - 02:25
educate public school students.
02:28 - 02:33
Nevada parents sued because essays will take critically needed funding
02:34 - 02:36
away from public schools and lower the quality of education
02:37 - 02:37
for their Children.
02:38 - 02:42
E essays will also reduce public school funding, causing cuts
02:42 - 02:46
to teachers, support staff and other vital programs for the
02:46 - 02:51
450 Nevada Children attending public schools across the state.
02:53 - 02:57
Many of these Children are Children with disabilities, are English
02:58 - 03:01
language learners and students at risk of falling behind or
03:02 - 03:02
dropping out.
03:04 - 03:09
And the most important aspect here of why the new
03:09 - 03:12
voucher program was such a big deal is that the
03:12 - 03:18
Nevada Constitution prohibits taxpayer funds provided by the legislator for
03:19 - 03:22
the operation off the public school from being used for
03:22 - 03:27
any other purpose So here we can see why this
03:27 - 03:32
new voucher, um law that was passed was such a
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big deal.
03:39 - 03:44
So there were two primary basis of the parents arguments
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during this lawsuit.
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So the the Nevada Constitution, as we all know, prohibits
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taxpayer funds from being provided to do anything other than
04:00 - 04:01
run the public school.
04:02 - 04:04
That was the parents main argument.
04:05 - 04:08
Their parents claimed that the voucher program violates this constitutional
04:09 - 04:12
ban by diverting the funding necessary to educate their Children
04:12 - 04:15
in the public schools to pay for private school vouchers.
04:16 - 04:19
The parents also claimed that the voucher law violates the
04:19 - 04:23
Nevada Constitution by lowering the amount of funding provided in
04:24 - 04:28
the Nevada state budget for public education and by using
04:28 - 04:30
public funds to pay for private schools.
04:31 - 04:33
They're not required to serve all students.
04:34 - 04:37
They are not subject to anti discrimination laws and are
04:37 - 04:38
not accountable for students.
04:39 - 04:55
Performance like the public schools, are so of course.
04:56 - 05:00
In January 2016, the parents won their motion for a
05:00 - 05:05
preliminary injunction in the trial court, which halted the implementation
05:06 - 05:06
of the voucher programs.
05:08 - 05:11
The state treasurer, Dan Schwartz, appealed the trial court decision
05:11 - 05:14
to the Supreme Court in Nevada, which heard oral arguments
05:15 - 05:15
in July of 2016.
05:21 - 05:26
On September 29th 2016, the Supreme Court ruled that the
05:26 - 05:30
E s a voucher program is unconstitutional because it violates
05:31 - 05:38
the prohibit prohibition on use of public school funds for
05:38 - 05:42
the for other purposes and permanently blocked its implementation.
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