The Florida Supreme Court ruled Thursday to allow the voters of Florida to decide the fate of Amendment 8.
If approved at the polls, the amendment will let schools use averages instead of hard caps to determine class sizes.
The Florida Education Association, the largest teachers union in the state, originally brought the lawsuit to have the constitutional amendment stricken from the ballot. But because the appeal to the Supreme Court came so close to the Nov. 2 election and many ballots have already been printed, the courts decision could have only invalidated the vote.
Florida Supreme Court justices heard oral arguments Wednesday against Amendment 8 by lawyers for the FEA, but were unmoved by their claim that the amendment should be invalidated because its wording does not specify that it will lead to less spending to keep class sizes down. The justices rendered a unanimous decision to allow the amendment to stand.
We disagree that the failure to address the effect on state class-size funding renders the ballot summary defective. Although the dollar amount required to fund the class-size requirements will be affected by the change in the formula for class sizes, the constitutional obligation of the state to provide sufficient funds for the revised class-size requirements is not being altered, the ruling reads in part. (Download the entire ruling below.)
The Supreme Court agreed with a lower court that declared the ballot summary for Amendment 8 very clear and unambiguous.
The unanimous decision dashed the hopes of Amendment 8 opponents, who had expressed confidence earlier this week that the court would lean their way.
When asked at a press conference Tuesday about the case, state Sen. Alex Villalobos, R-Miami, who is standing with the FEA and other groups in opposition to the amendment, said, Well win.
Villalobos did not immediately return phone and e-mail requests for comment Thursday after the courts decision.
Amendment 8 supporters can now claim a victory with the court's decision, but they still have a tough fight ahead of them.
State Rep. Will Weatherford, R-Wesley Chapel, started the Right Size Class Size campaign two weeks ago to urge voters to support the amendment at the ballot box, but the polls show he has some ground to make up. A recent poll shows just 35 percent of voters are in favor of the amendment. Under Florida law, it needs the approval of 60 percent of the electorate to pass.
The easing of class-size requirements would give school administrators what amendment supporters say is much-needed flexibility in determining class sizes. Many superintendents and principals that have come out in support of Amendment 8 say they must consider raising taxes, busing students to different schools, canceling classes and doubling up on teachers in classrooms in order to meet the requirements. Supporters also point to a study by Florida Tax Watch that states up to $1 billion could be save if the amendment is passed.
Opponents counter thatany money saved is unlikely to be spent in the classroom and that schools should be able to cope with the requirements without sacrificing students education.
Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (85) 727-0859.
