Friday, March 11, 2016
We have been following the litigation challenging Nevada's school voucher law as violating provisions of the Nevada Constitution (Lopez v. Schwartz), here, here, and here. The litigation challenges Nevada's Senate Bill 302 which permitted parents to apply for educational grants for private schools, financed by deductions from local school districts' budgets. Yesterday, the Nevada Supreme Court denied a mandamus petition in the case, holding that the district court correctly denied the request of a group of parents to intervene in the case as defendants. A Nevada district court ruled in January that S.B. 302 violated state constitutional provisions requiring support for public education and is holding a trial on the merits. The parents sought permissive intervention as defendants, arguing that the January ruling prevented them from applying for vouchers for their children and that their perspective would assist the trial court "in focusing on the effect of the challenged law on its real beneficiaries, parents and children." The Nevada Supreme Court rejected the parents' arguments, finding that the parents shared the same interests and defenses as the main defendant, the Nevada state treasurer, in having S.B. 302 declared constitutional. The Nevada Supreme Court decision denying mandamus in Hairr v. First Jud. Dis. Ct., No. 69580 (Nev. Mar. 10, 2016), can be found here.