School Choice & Charters

Florida Wins a Round In Legal Challenge To Its Voucher Program

By Joetta L. Sack — May 02, 2001 2 min read
  • Save to favorites
  • Print

The Florida Supreme Court declined last week to hear a case challenging the state’s school voucher program, letting stand an appellate court decision that rejected a claim that private school vouchers for students in failing public schools are unconstitutional.

The high court’s 4-1 vote against reviewing the appellate decision effectively cuts off one legal argument against the law: that it violates a clause in the state constitution that requires public education to be uniform and of high quality.

But there are two more claims that the lower courts must still consider: first, that the voucher plan runs afoul of the U.S. Constitution’s prohibition on a government establishment of religion, and second, that the voucher program is not applied equally and fairly.

The court’s decision to let the appeals ruling stand drew applause from Gov. Jeb Bush and state education officials, who have fought for the 2-year-old voucher program. Enacted in 1999 as part of Mr. Bush’s “A+ For Education” plan, it is formally known as the Opportunity Scholarship Program.

“I look forward to returning to the trial court to prove once and for all that the Opportunity Scholarship Program complies fully with the U.S. and Florida constitutions,” Gov. Bush, a Republican, said in a statement released by his office.

Commissioner of Education Charlie Crist said in a statement that the program surpasses the constitutional requirement that the state provide a free system of public education, the very clause that the plaintiffs had contended was violated by the program.

“What we have here in Florida exceeds and surpasses this requirement by giving parents of children attending failing schools the option of choosing a higher-performing public school or private school,” Mr. Crist argued.

Case To Continue

But voucher opponents said the fight was far from over."Obviously, there are more constitutional issues that are going to be discussed, including separation of church and state,” said David Clark, a spokesman for the Florida Education Association. The 120,000-member union was joined by the National Association for the Advancement of Colored People, the Florida PTA, the League of Women Voters, and individual families in suing the state. “Ultimately, this voucher law will be found unconstitutional,” Mr. Clark said.

Last October, a three-member state appellate panel overturned a lower court’s decision that the program violated the Florida Constitution’s requirement for a “uniform” system of free public schools. (“Fla. Court Overturns Ruling Against Voucher Program,” Oct. 11, 2000.)

Under the voucher plan, students at schools deemed failing under the state’s grading system for two years out of four can receive vouchers worth about $4,000 each for use either at other public schools or at private schools, including religious ones.

Currently, 51 students from two schools in Pensacola are attending private schools at public expense, according to the education commissioner’s office. Last year, state officials announced that all of the 78 schools that had received failing grades in 1999 had improved their scores, so no new students became eligible to receive vouchers for the current school year. (“Vouchers Stall as Fla. Schools Up Their Scores,” July 12, 2000.)

The Pensacola students who had previously qualified have been allowed to continue receiving vouchers and to attend private schools while the case is still under review by the courts.

Related Tags:

A version of this article appeared in the May 02, 2001 edition of Education Week as Florida Wins a Round In Legal Challenge To Its Voucher Program

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Choice & Charters A Large Democratic-Led State Says Yes to Trump’s School Choice Program
Thirty-one states are on track to participate in the first major federal foray into private school choice.
5 min read
New York Gov. Kathy Hochul reads "Snowflakes Fall" to daycare children at the Department of Labor on Dec. 20, 2023, in Albany, N.Y. Hochul on Jan. 3, 2024, said she will push for schools to reemphasize phonics in literacy education programs, a potential overhaul that comes as many states revamp curriculums amid low reading scores.
New York Gov. Kathy Hochul reads "Snowflakes Fall" to children on Dec. 20, 2023, in Albany, N.Y. Hochul became the latest Democratic governor to say she'll opt her state in to the federal tax-credit scholarship program that takes effect next year, and will direct federal taxpayer funds to private school scholarships.
Will Waldron/The Albany Times Union via AP
School Choice & Charters Opinion A New Federal Education Tax Credit Is Creating a Dilemma for Blue States
A new tax credit is forcing Democrats to navigate the tensions of politics and principles.
9 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
School Choice & Charters Opinion The Forgotten History of the School Choice Movement
Long before vouchers or charter schools, Americans were already clashing over education options.
9 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
School Choice & Charters Opinion Can School Choice Programs Stamp Out Fraud While Staying Flexible?
With the rollout of the Federal Scholarship Tax Credit program, transparency is vital.
7 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week