The voucher program to allow children from low-performing schools the opportunity to attend higher-performing charter or private schools is facing an uphill challenge from the Florida Education Association and Florida School Boards Association, both of whom say the program is unconstitutional.
In a lawsuit filed at the end of August, the FEA, the FSBA the Parent Teachers Association and other groups teamed up against the Florida Tax Credit Scholarship program. The program gives thousands of low-income Florida students education scholarships which allow them to leave failing public schools and give them the option to head to private schools or charter schools.
The groups say public schools are losing out on education funding as a result of the program, which began in 2001 under former Gov. Jeb Bush.
The suit alleges that under the state Constitution, including the requirement to provide a "uniform, efficient, safe, secure and high-quality system of free public schools," Florida School Boards Association legislative liaison Ruth Melton said.
The state Supreme Court cited that clause in a 2006 decision striking down Florida's first school-voucher program.
At its inception, the Florida Tax Credit Scholarship program had a $50 million cap and helped 14,000 students. Thirteen years later, the program has grown significantly -- this year, around 70,000 students will participate in the program to a tune of $358 million in taxpayer money.
The increase in money toward the voucher program is part of why the groups decided to take action.
"There comes a time when the tipping point is reached," said FEA attorney Ron Meyer.
The suit has already caused backlash from education advocacy groups who criticize the suit for targeting needy students.
This is nothing less than an attack on low-income families who rely on the Florida tax credit scholarship program to educate their children, said Betsy DeVos, chairman of the American Federation for Children. "This lawsuit hurts children and flies in the face of taxpayers who overwhelmingly support educational choice.
DeVos sentiments were echoed by several state legislators.
"It saddens me that the FSBA would take a position that looks to eliminate customization in education, an approach which is widely viewed to be essential to improving student learning, said Sen. John Legg, R-Trinity, who also serves as Senate Education Commitee chairman.
Legg was named the FSBAs Legislator of the Year in July. The day after the Association filed its lawsuit, he declined the award.
"If the Tax Credit Scholarship Program were to be eliminated, there are nearly 70,000 students who now stand to receive scholarships under the program who would be deprived of their opportunity to attend institutions that are better suited to meet their learning needs," Sen. Jack Latvala, R-Clearwater, wrote in a letter to FEA president Andy Ford.
Yet despite the criticisms, the FSBA has no intention of backing off of the suit. At their Sept. 5 board of directors meeting in Vero Beach, the Association said the lawsuit would keep moving forward.
Reach Tampa-based reporter Allison Nielsen via email at allison@SSN.com or follow her on Twitter: @AllisonNielsen
