Posted on 01/05/2006 8:32:55 AM PST by SoFloFreeper
TALLLAHASSEE, Fla. (AP) -- The Florida Supreme Court has struck down the state's school voucher system that paid for some students to attend private schools.
Reason given: Constitution say schools must be uniform.......
Maybe the justice dept should be looking into influence peddling by the NEA, just like Abramoff.
I know there used to be a time when Americans would literally surround people like those judges and literally run them out of town.
I know some people will balk at that idea and say it is lawlessness but sometimes, people, we have to fight back.
What about people who don't have kids and pay school taxes?......
CONCLUSIONIn sum, article IX, section 1(a) provides for the manner in which the state is to fulfill its mandate to make adequate provision for the education of Florida’s children—through a system of public education. The OSP contravenes this constitutional provision because it allows some children to receive a publicly funded education through an alternative system of private schools that are not subject to the uniformity requirements of the public school system. The diversion of money not only reduces public funds for a public education but also uses public funds to provide an alternative education in private schools that are not subject to the “uniformity” requirements for public schools. Thus, in two significant respects, the OSP violates the mandate set forth in article IX, section 1(a).
We do not question the basic right of parents to educate their children as they see fit. We recognize that the proponents of vouchers have a strongly held view that students should have choices. Our decision does not deny parents recourse to either public or private school alternatives to a failing school. Only when the private school option depends upon public funding is choice limited. This limit is necessitated by the constitutional mandate in article IX, section 1(a), which sets out the state’s responsibilities in a manner that does not allow the use of state monies to fund a private school education. As we recently explained, “[w]hat is in the Constitution always must prevail over emotion. Our oaths as judges require that this principle is our polestar, and it alone.” Bush v. Schiavo, 885 So. 2d 321, 336 (Fla. 2004).
Because we conclude that section 1002.38 violates article IX, section 1(a) of the Florida Constitution, we disapprove the First District’s decision in Holmes I. We affirm the First District’s decision finding section 1002.38 unconstitutional in Holmes II, but neither approve nor disapprove the First District’s determination that the OSP violates the “no aid” provision in article I, section 3 of the Florida Constitution, an issue we decline to reach. In order not to disrupt the education of students who are receiving vouchers for the current school year, our decision shall have prospective application to commence at the conclusion of the current school year.
It is so ordered.
I guess I don't understand why then you would oppose it unless its using tax money towards private schools; but not ALL private schools are religious in nature.
IMHO, the Florida voters don't really think whien it comes to State constitutional issues. They have voted to include in the constitution a ban on one pig farmer's methods, a high speed train, a class size limit that will cost billions, a free baby sitting (pre-K) and the stupid net ban that cost people jobs.
Consider, though, the bitter pill we are asking thousands of poor children to swallow. After attending (presumably) high-quality schools, they are now forced to return to the same shabby, low-performing, possibly dangerous schools that they were desperate to leave in the first place.
That's the worst case scenario, in which a percentage of schools would most likely refuse gov't funding, and we'd revert to the present system.
But this won't happen. Parents with opposing beliefs who are currently pitted against each other for control of their assigned gov't school would, under a voucher system, join forces in opposition to onerous governmental regulations.
Thanks for that info. I am actually a Florida voter out of state on Military service. I knew they had some form of accountability. I am sickened by some judges these days. INVENTING rights that don't exist and thwarting the will of the people in cleverly worded ways that only reveal political cunning and not constitutional prowess.
Yet another nail in the coffin of government "of the people, by the people."
I try to resist, but every day I feel more and more as though I have no control over government.
Time was I would not use the term 'afraid' in reference to any branch of government, but I can honestly say that is my choice of words to describe my feelings on the judicial system.
It seems to flex its muscle at every opportunity to maintain, or strengthen, its powers over the other branches, but neither legislative or executive seem willing to defend themselves.
Big Suprise!
I fully support vouchers, but do not doubt that as they gain popularity and wide spread use that the governments providing them will start to exert power and control over the institutions running them. Always happens.
Do you want people to do that for every decision they don't agree with?
I think this is a great idea. No one should be forced to fund public schools when they have no children in them.
They "rule" them now. Private schools must provide a basic education regardless of public monies or not........
Actually, as far as I'm concerned, that is something that should be tax deductible, school taxes should only be paid by those with children in public schools.
Floriduh voters have the judges they keep in office. Election 2000 should have opened a few eyes, as well as a number of other, shall we say "controversial" court rulings.
Draw up the impeachment papers.
But you must educate youself on who is bad and who is good. Not all the SC judges are lib Dems. Be careful who you vote to NOT retain........Your local Republican party can provide info........
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