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Fla. Court Kills 'School Choice' Voucher System
News Max ^ | Thursday, Jan. 5, 2006 4:00 p.m. EST

Posted on 01/05/2006 1:45:36 PM PST by fuyb

The Florida Supreme Court struck down a statewide voucher system Thursday that allowed children to attend private schools at taxpayer expense - a program Gov. Jeb Bush considered one of his proudest achievements.

It was the nation's first statewide voucher program.

In a 5-2 ruling, the high court said the program violates the Florida Constitution's requirement of a uniform system of free public education.

About 700 children are attending private or parochial schools through the program. But the ruling will not become effective until the end of the school year.

Voucher opponents had also argued that the program violated the separation of church and state in giving tax dollars to parochial schools, and a lower court agreed. But the state Supreme Court did not address that issue.

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.

Chief Justice Barbara Pariente said the 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.

The ruling was a victory for public schools across the state and nation, said Ron Meyer, lead attorney for a coalition that challenged the voucher program.

"Students using vouchers will now be welcomed back into Florida public schools," Meyer said in a statement. "It decides with finality that the voucher program is unconstitutional."

The governor had no immediate comment on the ruling.

Anticipating the possibility of such a decision, Bush has been working on a backup plan to keep voucher students in private schools by providing tax credits to corporations that give students scholarships.

Clark Neily, an attorney who argued the case for voucher advocates, called the decision "a setback for those parents and children trapped in failing schools."

The U.S. Justice Department filed a friend-of-the-court brief in support the state. Voucher opponents included the state teachers union, the Florida PTA, the NAACP and the League of Women Voters.

The ruling did not directly affect nearly 30,000 students in two other voucher programs for disabled and poor children, but it could be cited as a precedent.


TOPICS: Front Page News; US: Florida
KEYWORDS: educationfunding; fl; judgislators; private; privateschools; public; ruling; schoolchoice; schools; voucher; vouchers
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To: teenyelliott
With the exception of elitist schools (e.g. Detroit Country Day or other Country Day schools), the cost of educating a student in a private school is less than a public school. You typically don't see three-story atriums of other fancy features in most religious-based private schools.

The great thing about sending your children to a private school is that politically correct values you may not agree with are not forced on them.
41 posted on 01/05/2006 2:49:45 PM PST by BW2221
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To: WOSG

Bingo! Hence, the real reason the left opposes school choice.


42 posted on 01/05/2006 2:50:13 PM PST by My2Cents (Dead people voting is the closest the Democrats come to believing in eternal life.)
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To: teenyelliott
And if the voucher gives you what it costs to educate your kid in a public system, it would never cover the cost of a private school. How does that work?

Baloney. Where we are, the public schools get way more per student spending than it costs per student at many Catholic schools. It must go towards all those finely architectured air-conditioned buildings, which are very nice to have, but certainly not necessary to getting a decent education. There are very few Catholic schools in our area that can compete facility-wise with the public schools I've been in.

43 posted on 01/05/2006 2:51:25 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: fuyb
I''d totally support a plan where the parents become customers with tuition funds payable to the school of choice so long they regional or similar accreditation -otherwise you'd see sham schools with kickbacks to poor parents for signing up.
44 posted on 01/05/2006 2:52:38 PM PST by gondramB (Democracy: two wolves and a lamb voting on lunch. Liberty: a well-armed lamb contesting the vote.)
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To: GreenHornet

"Thank goodness the court stepped in and stopped those kids from getting a superior education."

And Im sure the intnet of the law was good - it was so kids across the state would recieve a certain quality of education even if their district was poor. But it sounds like the constitution needs to be changed to reflect current needs.


45 posted on 01/05/2006 2:54:20 PM PST by gondramB (Democracy: two wolves and a lamb voting on lunch. Liberty: a well-armed lamb contesting the vote.)
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To: LoneRangerMassachusetts

All public schools should be turned over to private education companies (a whole new industry). This would eliminate about 50-60% of state & local taxes, and give parents and students complete freedom to choose how education dollars are spent.

But naturally a leftist, collectivist, socialist, or Democrat will say in response that parents can't be trusted with making decisions about where to send the kids to school, for how long, what to learn, or how much to pay. The same anti-capitalists are in favor of price controls, wage controls, production controls, thought control, gun control, abortion on demand, same-sex marriages, and taking my private property in order to give it to someone else.


46 posted on 01/05/2006 2:55:51 PM PST by pleikumud
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To: Ohioan from Florida
Baloney. Where we are, the public schools get way more per student spending than it costs per student at many Catholic schools

Not where I live. Not only to you have to be a member of the Catholic church to go to the Catholic schools here, they ask that you tithe 10% of your income. If you cannot afford that, you have to prove that you cannot. But you still have to belong to the parish.

47 posted on 01/05/2006 2:56:21 PM PST by teenyelliott (Soylent green should be made outta liberals...)
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To: teenyelliott

You have to belong to the parish most of the time, but that can be relaxed for a number of reasons. Around here, you have to state which parish you belong to, because not every parish has a school. They do request that you donate what is subsidized by the parish, so that they can recoup their expeditures as much as possible. However, it is just as commonly requested that you be a regularly donating member (weekly, monthly, bimonthly, etc.) or to offer your time and talents volunteering at the school or parish. There is also usually a "non-participating" tuition rate that is higher for those who aren't Catholic, but for some schools, there are long waiting lists. Usually they are the ones that have better success rates, and can "afford" to be a little picky, because there is always another student waiting to get in to replace the one who left.

Like I said earlier, I've had my kids enrolled both ways and I don't prefer one over the other. I look for good schools regardless of whether public or private. Neither are perfect, and neither should have a monopoly.


48 posted on 01/05/2006 3:09:25 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: fuyb
Their whole argument about diverting funding is a strawman. Think about it for a moment. As an example, say the state spends $10,000 a year per pupil in the public school system. Along come Mr. and Mrs. Smith who opt to use a voucher for $6,000 to put their child in a private school. It's now costing the state $6,000 to do what was requiring a $10,000 expenditure. To me that means the state, and the public school system that no longer has to expend anything for this student, is coming out $4,000 ahead $4,000 a year. If overcrowding was the problem the NEA and other teacher's unions say it was then they would welcome the opportunity to reduce the school population by one child AND pocket $4,000.

Their opposition to the voucher program has nothing to do with money or student population, and everything to do with their desire to control the educational system.
49 posted on 01/05/2006 3:09:39 PM PST by jwpjr
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To: teenyelliott
This typically occurs only in areas where there are few Catholic schools and waiting lists to get in. Naturally, they take parish members before others.

In situations where there is room, they accept non-Catholics. In the high school my son attended, about 11% of the student body was non-Catholic. Tuition was the same for everyone and non-Catholics had to attend religion classes.

Teenyelliott isn't the screen name for the "Reverend" Barry Lynn, is it?
50 posted on 01/05/2006 3:09:53 PM PST by BW2221
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To: gondramB
re: state constitution specifically requires public education to be even and equal

That was the very reason the voucher system was adopted in the first place. Vouchers are available to students who could not get a decent education in the public system, schools with a history of receiving "F's" in their yearly review. It wasn't a come one, come all proposition, but rather a program aimed at solving a specific problem.
51 posted on 01/05/2006 3:13:27 PM PST by jwpjr
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To: jwpjr
I know isn't that ironic that the court essentially rules that public schools are so inferior that unequal to let a few students go to a good school.
52 posted on 01/05/2006 3:14:57 PM PST by gondramB (Democracy: two wolves and a lamb voting on lunch. Liberty: a well-armed lamb contesting the vote.)
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To: BW2221
Never heard of the guy, but I will assume that is an insult.

Look, I suppose I need to do some research into this before I am allowed to speak on FreeRepublic, and not be attacked for asking questions.

I am completely ignorant on this subject, and I willingly admit that. But I just don't understand how it can work.

I suppose I will look it up, and read about it myself, rather than ask FReepers about it.

It is obviously a sore subject for many FReepers.

53 posted on 01/05/2006 3:16:22 PM PST by teenyelliott (Soylent green should be made outta liberals...)
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To: Ohioan from Florida
I'm just going to look it up myself, rather than ask any more questions here.

People are being rather crappy today.

Thanks for your information.

54 posted on 01/05/2006 3:18:13 PM PST by teenyelliott (Soylent green should be made outta liberals...)
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To: All

What is needed is abolishing the public department of indoctrination and its attendant taxes.


55 posted on 01/05/2006 3:20:57 PM PST by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: teenyelliott

And if the voucher gives you what it costs to educate your kid in a public system, it would never cover the cost of a private school. How does that work?


Most vouchers give (much) less than the public school cost per student, and cover the full tuition at most private schools.


56 posted on 01/05/2006 3:25:22 PM PST by Gil4 (This tagline for rent - cheap!)
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To: mc6809e

This has little to do with church and state and I don't think that's a good argument for it.

Some of the others werent' as valid to me either.

There's a ton of money in the private sector to use as a substitute though. Better than having more government intrusion into private schools.

Then I would hope that those of us who would pay for that personal choice get refunds too. And then I would hope the abortionists wouldn't come asking for money to pay for their choice too.


57 posted on 01/05/2006 3:27:14 PM PST by moog
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To: fuyb

The 10,000 dollars is a shared cost, borne by other taxpayers as well. With the refund, the rest of the taxpayers pick up the tab. Someone does pay for it.


58 posted on 01/05/2006 3:29:01 PM PST by moog
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To: My2Cents

I wouldn't mind "competing" somewhat here, but the public schools get loaded up with more and more regulation while "alternative" schools with guv funds getting less and less every year.

Public education isn't "free" per se, but they have to take pretty much everyone as opposed to private schools who don't have to and can limit enrolment (and toher things too). I do want the private schools to keep those freedoms, not be intruded upon by government.


59 posted on 01/05/2006 3:32:01 PM PST by moog
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To: fuyb
In a 5-2 ruling, the high court said the program violates the Florida Constitution's requirement of a uniform system of free public education.

Free school uniforms?

60 posted on 01/05/2006 3:32:18 PM PST by DBeers (†)
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