Posted on 01/05/2006 10:42:32 AM PST by new yorker 77
The Florida Supreme Court struck down a voucher system that allowed some children to attend private schools at taxpayer expense, saying Thursday that it violates the state constitution's requirement of a uniform system of free public schools.
The 5-2 opinion struck down the Opportunity Scholarship Program, championed by Gov. Jeb Bush, which was the nation's first statewide system of school vouchers.
Under the 1999 law, students at public schools that earn a failing grade from the state in two out of four years were eligible for vouchers to attend private schools.
Judges had allowed the state to continue the program while the case was on appeal, and about 700 children are attending private or parochial schools through the program.
About 24,000 more attend such schools under more recently created programs, including one for children with disabilities. Thursday's ruling did not directly affect those programs but could eventually be cited as a precedent.
Chief Justice Barbara Pariente, writing for the majority of the court, said the Opportunity Scholarship Program "diverts public dollars into separate private systems parallel to and in competition with the free public schools," which are the sole means set out in the state constitution for educating Florida children.
Private schools also are not uniform when compared with each other or the public system, and are exempt from many standards imposed by law on public schools, such as mandatory testing, she added.
The 1st District Court of Appeal had ruled that the system violated the separation of church and state in the Florida Constitution, but the state Supreme Court did not address that issue.
At a hearing last June, Barry Richard, representing the state, told the court that lawmakers have the "quintessential power" to spend state money as they see fit, including spending it on private school vouchers.
Voucher opponents argued that the program unconstitutionally diverted money from public to private schools, and that it violated the separation of church and state.
The U.S. Department of Justice was among those filing friend-of-the-court briefs in support the state. Supporters of voucher opponents included the Florida Education Association, the Florida PTA, the National Association for the Advancement of Colored People and the League of Women Voters.
Two more recent voucher programs dwarf the "opportunity scholarships." Nearly 14,000 students attend private schools on state-funded McKay scholarships, which was created for children with disabilities. An additional 10,000 poor children attend private schools on scholarships funded by businesses that get tax credits from the state.
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Wait a minute... they can't do something because it isn't in their constitution? What other things is the State of Florida doing that isn't in their constition?
FYI
Yep, because when the quality is so bad you can't compete, just outlaw competition. This is revolting.
"free public schools," which are the sole means set out in the state constitution for educating Florida children.
The Florida constitution says that? Public school is the "sole means"?
And how is taking public taxes "free".
"saying Thursday that it violates the state constitution's requirement of a uniform system of free public schools."
If the uniformity clause is in the text of the state Constitution and the voucher program is for students in schools where the school is not meeting standards, then there's good grounds for appeal. Schools that are not making standards are not providing uniform educational services.
Pariente!!! How did that drooling fool get to be the Chief Justice? During election 2000, she came off as simply the biggest fool on the court. She clearly cared less about the law, had already made up her mind about the results and was just going through the motions.
At any rate, even if the Fla. Legislature amended the state constitution, is there any doubt the Pariente and the crew would still find a way to strike down vouchers? Vouchers are anathema to the liberal agenda and the courts are the only way the liberal agenda can be advanced.
Seriously I don't pay too much attetion to the FLA SC... not after they just made things up in Bush v. Gore.
Interesting who opposed vouchers.
"Those opponents include the Florida Education Association, the state teachers union; the Florida PTA; the National Association for the Advancement of Colored People; and the League of Women Voters."
An honest opinion would have read "These poor kids belong to us and we will destroy their worthless lives to prevent you from threatening the money we democrats get from the NEA. Let the kids rot in hell."
It's amazing how they report this program was championed by Jeb Bush and say nothing else about its origins. Didn't the Legislature create the program? It would be more accurate to say that the will of Florida's people, expressed through their lawmakers, enacted as legislation, signed by their governor, has been frustrated by five judges.
Their whole decision rests on those two words..........
you mean just like the PELL Grants,Stafford loans and GI Bill all already do? it's all BS
Perhaps the law in question is against Florida's state constitution. As a constitutionalist, I must respect that. But why "uniform" and why "free"?
Is "uniform" simply a rejection of a separate but equal doctrine regarding race? That should not be an obstacle. And of course schools, like anything else, are not uniform, period. "Uniform" may imply organized under a single bureacracy. Why would Florida's framers want to impose that restriction, as opposed to imposing standards?
Regarding "free," vouchers are free to the user just as the public schools are. I suspect the interpretation is that the framers wanted to guarantee that the "free" schools in question could not be ones that are operated for profit to avoid thereby tainting aspects of the education.
Certainly don't want the monopolistic public education system to have an alternative. How does the government expect to endoctrinate ALL the kids if they allow educational alternatives.
"Supporters of voucher opponents..."
This AP writer could use a bit of good, choice schooling.
A perfect example of the libnuts' continuing use of JUDICIAL ACTIVISM to deny a child a decent education. The libnuts are frantic that kids will grow up exposed to values, ideas and a real education involving the 3 R's. They want our kids to learn basic liberal "values" such as gay marriage (Bill and Mike can marry) and all about sex by the time you are six years old (how to put a condom on a banana) instead of the basics that children need from schools.
The libnuts are incensed that kids might actually learn how putrid liberalism/neoMarxism is.
Obviously, the citizens of Florida should immediately ammend their constitution.
And stop electing dimwits to their Supreme Court.
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