[Red Badger]

Reason given: Constitution say schools must be uniform.......

[xrp]

Constitution say schools must be uniform.

My interpretation: "We must continue to lower standards and cater to the lowest common denominator of society rather than offer students an opportunity to excel and be challenged so they may rise to the next level."

[Diamond]

The bizarre "reason" given is that the requirement for the state to make adequate provision for a 'free', uniform public education for all of 'Florida’s children', means that "making adequate provision for" somehow means "restricted to" state-run institutions. It is really an illogical and illegitimate argument from silence, which without any justification turns the Clause's complete silence on the subject of private education into a positive restriction on it. There is absolutely nothing in the plain text of this Constitutional Clause that indicates that provision of an adequate public education and vouchers are mutually exclusive.

Our inquiry begins with the plain language of the second and third sentences of article IX, section 1(a) of the Constitution. The relevant words are these: “It is . . . a paramount duty of the state to make adequate provision for the education of all children residing within its borders.” Using the same term, “adequate provision,” article IX, section 1(a) further states: “Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools.” For reasons expressed more fully below, we find that the OSP violates this language. It diverts public dollars into separate private systems parallel to and in competition with the free public schools that are the sole means set out in the Constitution for the state to provide for the education of Florida's children. This diversion not only reduces money available to the free schools, but also funds private schools that are not “uniform” when compared with each other or the public system. Many standards imposed by law on the public schools are inapplicable to the private schools receiving public monies. In sum, through the OSP the state is fostering plural, nonuniform systems of education in direct violation of the constitutional mandate for a uniform system of free public schools.
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Because we determine that the OSP is unconstitutional as a violation of article IX, section 1(a), we find it unnecessary to address whether the OSP is a violation of the “no aid” provision in article I, section 3 of the Constitution, as held by the First District.

Cordially,