Articles Posted in Education Law

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The Education Savings Account (ESA) program allows public funds to be transferred from the State Distributive School Account (DSA) into private education savings accounts maintained for the benefit of school-aged children to pay for non-public educational services and expenses. Two complaints were brought challenging the ESA program as violating several provisions of the Education Article in the Nevada Constitution. The district court dismissed one complaint after rejecting the constitutional claims. In the other case, the district court granted a preliminary injunction, concluding that one of the constitutional challenges had merit. The Supreme Court resolved the appeals together in this opinion and affirmed in part and reversed in part the district court orders in both cases, holding (1) the ESA program is not contrary to the legislature’s constitutional duty to provide for a uniform system of common schools and does not violate Article 11, Section 10 of the Nevada Constitution; but (2) the use of money appropriated for K-12 public education to instead fund education savings accounts undermines the constitutional mandates to fund public education. Remanded for the entry of a final declaratory judgment and a permanent injunction enjoining the use of any money appropriated for K-12 public education in the DSA to instead fund the education savings accounts. View "Schwartz v. Lopez" on Justia Law

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Due to his behavioral problems, Appellant, then a minor, signed a “behavior contract,” under which he consented to random searches of his person and property in order to attend public high school. During a subsequent search of Appellant, a teacher found marijuana on Appellant’s person. Appellant was subsequently charged with possession of a controlled substance with intent to sell. Appellant objected to the admission of evidence resulting from the search. The hearing master declined to suppress on the grounds that Appellant had consented to the search under the behavior contract. The district court then formally adjudicated Appellant a delinquent. The Supreme Court reversed, holding (1) the State failed to demonstrate that Appellant’s consent to search was voluntary, as there was no evidence on the record that additional public education options were available to Appellant, and the State could not constitutionally condition Appellant’s access to a public education on his waiver of his right to be free from unreasonable search and seizure; and (2) therefore, the district court should have suppressed the fruits of the administration’s search of Appellant. View "In re L.A.W." on Justia Law