Hutchison & Steffen Files Amicus Curiae in Support of Student-Centered Education Policy

Share Article

The law firms of Wilmer Cutler Pickering Hale and Dorr LLP and Hutchison & Steffen filed an amicus curiae brief on behalf of Foundation for Excellence in Education, in support of the State of Nevada's motion to dismiss constitutional challenges to the recently enacted Education Savings Account (ESA) legislation.

On Monday, October 26, 2015, the law firms of Wilmer Cutler Pickering Hale and Dorr LLP and Hutchison & Steffen filed an amicus curiae, or friend of the court, brief on behalf of the Foundation for Excellence in Education (ExcelinEd), a bipartisan organization that promotes student-centered education policy. The Foundation's brief supports the State of Nevada's motion to dismiss the plaintiff's constitutional challenge to the recently enacted Education Savings Account (ESA) legislation in the case of Duncan v. Nevada, Case No. A-15-723703-C.

The brief underscores two main claims. The first is the opinion that the ESA program fully comports with the Nevada Constitution. The brief claims that nothing in the text, purpose, or structure of the relevant provisions of the Constitution prohibits the legislature from promoting a variety of educational options for Nevada students. According to the brief, decisions by courts in other states that have considered the issue have rejected challenges similar to the plaintiff’s challenge.

The second claim that the brief make is that the unique benefits of the ESA program fulfills the legislature's constitutional mandate to encourage education. From a public policy standpoint, parents are undoubtedly in the best position to decide which school is best for their child, according to the brief, and the ESA program broadens the choice for parents.

This summer, Nevada became the first state to empower all public school parents with the right to choose their children’s schools through Senate Bill 302 (SB 302). SB 302 allows the Nevada State Treasurer to direct a portion of state funds to parents; funds that would have been spent on their child in a traditional public school into an education savings account. Parents can then decide how to spend those funds to meet their child’s educational needs.

To learn more about Nevada’s ESA program and ExcelinEd’s support, visit DropTheSuitNV.org.

Share article on social media or email:

View article via:

Pdf Print

Contact Author

April Kemp
Follow us on