School House Rocks: Education in Florida Shaken by the Court

How do you feel about your community’s schools? Are children you know getting the education they need and deserve?

Some say that school vouchers are the answer to public school system woes, but the Florida Supreme Court forcefully disagreed on January 6, 2006.

The case in Florida

Florida Governor Jeb Bush proposed a voucher plan in his 1999 campaign and was successful in implementing it immediately after his election.

The Opportunity Scholarships Program uses public funds to pay private school tuition for about 730 students. Those students, previously enrolled in schools labeled "failing schools" were able to transfer to private institutions.

The state Supreme Court struck down the program, ruling that the Florida Constitution does not permit taxpayer dollars to pay for an alternative, private school system.

Specifically, the court found the program violated the "uniformity clause," which demands that Florida’s public education be standardized. The clause says that "[a]dequate provision shall be made by law for a uniform, efficient, safe, secure and high quality system of free public schools."

The justices ruled, 5-2, that the Opportunity Scholarships Program violates this voter-approved language. The official ruling stated: "It diverts public dollars into separate private systems parallel to and in competition with the free pubic schools that are the sole means set out in the Constitution for the state to provide for the education of Florida’s children."

What about the U.S. Supreme Court?

The case will not rise to the U.S. Supreme Court, which has already ruled on the matter of school vouchers. The Court decided that school vouchers do not violate the U.S. Constitution in any way, and that states may decide whether to permit voucher programs themselves.

Several states have experimented with voucher programs, including Wisconsin, Ohio, Colorado, Utah and the District of Columbia. Some of these programs have been challenged in the courts with various results. Milwaukee’s program was upheld by the Wisconsin Supreme Court in 1998 while Colorado’s Supreme Court ruled against vouchers in 2004.

The case for vouchers

Those in favor of vouchers say that they are a fair, affordable, and effective alternative to government-managed, failing public schools.

Proponents usually site dismal statistics about the public school system - in this case that Florida has a low on-time graduation rate of just 57 percent. They argue that government bureaucracy should not be the only educational option for those who can’t afford private schools.

Further, proponents argue that a uniformity clause does not have to be interpreted as a ban on public school alternatives. In Wisconsin’s Jackson v. Benson, some Justices found that only public schools were required to be uniform and that school vouchers were in fact compatible with a uniformity clause.

Minorities are split on the issue. The NAACP opposes vouchers while other African American and Latino groups support them.

The case against vouchers

Voucher opponents say that education reforms should happen inside public schools as opposed to outside and in competition with them. As public school dollars are diverted to private schools, opponents say, public schools will struggle even more.

Those against vouchers argue that they create a two-tiered system where students are held to different standards, one for public schools and one for private schools.

Further, the National Education Association argues that a pure voucher system would encourage economic, racial, ethnic, and religious division in America.

Florida affects the nation

The Florida Supreme Court ruling will inform the nationwide debate over school vouchers. Those opposed to vouchers call it a big win and a strategy for future lawsuits.

Voucher proponents, like Governor Jeb Bush, plan to challenge the uniformity clause of the state constitution. Bush says that he will work with the legislature to get the law changed.

Your input matters

What do you think about school vouchers? Do you believe they are a fair alternative or an unjust drain on public schools? How would you improve the public education system? Do your representatives know what you think?

Your representatives in Congress DO care what you think. Especially now -- 2006 is an election year and many representatives will be looking to reconnect with their constituents. Let your congressmen and women know what you think! Give your senators a piece of your mind! To find your reps, click here.

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Posted on: 1/12/2006