Nevada Education Funding Lawsuit: A Comprehensive Overview

Nevada's education system has faced significant challenges, leading to legal battles over funding and resources. These lawsuits aim to address systemic issues and ensure that all students have access to a quality education. This article delves into the details of these lawsuits, including the arguments presented, the court's decisions, and the potential impact on Nevada's education landscape.

The Education Savings Account (ESA) Program and Legal Challenges

Nevada sought to improve academic outcomes through the creation of Education Savings Accounts (ESAs). This program aimed to provide parents with the means to access educational options that might help their children learn and succeed. The ESA program is designed as a sustainable, inclusive, and equitable educational choice program.

However, the program faced immediate opposition. The Friedman Foundation for Educational Choice filed amicus briefs in both cases-Duncan v. State of Nevada and Lopez v. Schwartz.

Duncan v. State of Nevada

In August 2015, the American Civil Liberties Union of Nevada (ACLUNV) filed a lawsuit-Duncan vs Nevada, Case No. A-15-723703-C-on behalf of five citizen plaintiffs. The suit sought to deny students in Nevada the opportunity to access educational services through an ESA. On May 18, 2016, the trial court ruled against the plaintiffs and upheld Nevada’s ESA.

Lopez v. Schwartz

In September 2015, the Education Law Center, a New Jersey-based group, brought suit on behalf of seven plaintiffs. On January 11, 2016, the judge of the First Judicial District Court of the State of Nevada in and for Carson City upheld the plaintiff motion for a preliminary injunction against implementation of Nevada’s ESA.

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Nevada Supreme Court Ruling

The Nevada Supreme Court heard oral arguments for and against the Nevada ESA on July 29, 2016. The court was tasked with deciding whether Nevada’s ESA law violated the Nevada constitution.

On September 29, 2016, the Nevada Supreme Court issued its consolidated ruling in the Duncan v. State of Nevada and Lopez v. Schwartz cases. The court ruled the state’s nearly universal ESA program constitutional on almost every front.

However, in light of the Nevada Supreme Court’s Sept. 29 ruling that the legislature did not adequately appropriate funding for their best-in-the-nation education savings account (ESA) program, Attorney General Adam Laxalt, State Treasurer Dan Schwartz, Sen. Scott Hammond, state legislators, numerous state and community leaders and hundreds of parents urged Gov. Brian Sandoval to include ESA funding in the October special session called to enable the building of an NFL stadium and expansive convention center in Las Vegas. Gov. Sandoval declined their request citing uncertainties with the constitutionality of funding alternatives. However, the governor did ask Sen. Hammond to lead a small working group dedicated to creating a new funding solution for Nevada’s ESA. The ESA funding solution the committee develops will be presented for inclusion in Gov.

Potential Outcomes and Implications

Several outcomes were possible:

Dismissal on Standing: Either or both cases could be dismissed if the plaintiffs could not demonstrate they had been or would be harmed by the law.
Ruling in Favor of One Case: The court could rule in favor of one case and reject the other.
Finding ESAs Unconstitutional: If the court found ESAs to be unconstitutional in either case, the ESA program would not survive.

Treasurer Dan Schwartz assured families that his office would be ready to act within about three weeks after the court rules, should the ruling be favorable.

Lawsuit Alleging Systemic Failures in Clark County School District (CCSD)

Another significant legal battle involves allegations of systemic failures within the Clark County School District (CCSD). Twelve families are plaintiffs in the lawsuit, including Caitlin Werlinger's family.

The lawsuit alleges that CCSD left students without the services required under federal law and failed students with special needs and disabilities.

Key Allegations

Insufficient Staff: The lawsuit claims that CCSD does not have enough staff to meet the needs of its students.
Unqualified Staff: A number of staff that exist, aren't well qualified, aren't specially trained to deal with these special situations.
Lack of Accountability: There seems to be a glaring lack of accountability within the district.
Inadequate Training: Teachers are not getting trained in behavioral support. They are being placed in special education classes without the appropriate certifications or licenses.

Court's Decision and Impact

The U.S. District Court for the District of Nevada denied CCSD and the NDE's motions to dismiss the lawsuit. The lawsuit alleges that CCSD has systemic failures that have denied thousands of students their "right to a free and appropriate public education under federal law."

Parents part of the class action say the federal judge's decision on Thursday is a positive one for children in the district.

Plaintiffs' Objectives

The plaintiffs in the lawsuit are not asking for money. They are asking for immediate changes in local schools. Attorneys for the plaintiffs say there are several problems that led to legal action.

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Previous Cases

Back in 2021, a judge ruled CCSD has to pay the Rogich family nearly half a million dollars after not meeting the needs of their daughter with dyslexia and other learning challenges. Now Lori Rogich, a prominent attorney, is one of the attorneys heading this lawsuit.

Potential Impact

More than 40,000 students with disabilities at the Clark County School District could be directly affected by this outcome. If the plans have succeed, we may see stronger accountability measures, improved resources, and greater protections for students with disabilities.

Dispute Between Washoe County School District and Nevada Department of Education

A dispute arose between the Washoe County School District and the Nevada Department of Education over funding for a residential treatment program for a child with disabilities.

On Tuesday, April 22, the school board voted unanimously and without discussion to take legal action against the education department over a dispute about paying for a needed out-of-state residential program for a student. The board approved an estimated $50,000, to be taken from the general fund, for legal fees in the fight.

State's Position

The education department said that the school district is mistaken and that it has refused to fill out the required application to be considered for a reimbursement. It said the district needs to apply for funds from the state's Contingency Account for Special Education.

The state said the district was notified on Feb. 25, nearly two months before the board approved the legal action, about an outdated regulation linked to a law that was repealed in 2015. Prior to 2015, districts could be reimbursed from the fund without specifically filling out an application.

In 2016, the board of education established the Contingency Account for Special Education, using that money set aside by lawmakers for additional programs and resources that may be needed to educate a child with disabilities. But the state said it told the district in February in a meeting it does pay for residential treatment programs. It has in the past and is currently this school year paying for other districts to send students to residential programs.

District's Position

On April 22, the district said it needed to fight the Department of Education to follow requirements under state administrative codes. The district wants state dollars to pay or help pay for residential placement for a child who is deaf and has significant behavioral needs.

The school board in March approved the student's placement, which will cost $582,000 for the remainder of the 2024-25 school year and the 2025-26 school year.

The district said $2 million in state funds are allocated annually for extraordinary expenses like this one for students with disabilities.

Potential Consequences

The state said the $2 million provided annually for the contingency fund has in the past met requests from all 17 districts, but if it were not to cover all expenses, districts may have to share in some of the costs.

Broader Issues in Nevada's Education System

These lawsuits highlight broader issues within Nevada's education system, including funding disparities, overcrowded classrooms, and teacher shortages.

“My children have struggled in school with overcrowded classrooms and outdated computers and equipment,” said Caryne Shea, a parent plaintiff in the case. Nevada has among the highest classroom sizes in the nation and a severe teacher shortage that largely impacts low-income schools.

“The State has mandated several studies that all confirm that the K-12 education system needs additional resources, yet funds meant for K-12 schools have been diverted to other areas of the State’s general budget,” said Amanda Morgan, Executive Director of Educate Nevada Now. “Even as legislators recently introduced a new K-12 funding formula, like the existing formula, it bears no relationship to the needs of students. Although the state has increased mandates and requirements on students, teachers, and districts, funding for essential resources for K-12 schools have remained nearly stagnant for the last ten years when accounting for inflation.

“Efforts we’ve seen have either not resulted in additional resources or don’t support all students who need it. In many cases a student has to be lucky and attend a specific school with additional resources or have parents who can afford to devote time and resources to supplement their needs,” said Bradley Schrager, pro bono attorney with Wolf, Rifkin, Shapiro, Schulman & Rabkin.

Educate Nevada Now (ENN)

The Rogers Foundation, a Nevada leader in support of public education, joined with local, state and national partners to launch Educate Nevada Now (ENN) in 2015. ENN advocates for increased and equitable funding for Nevada's public schools.

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