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Florida court gives school vouchers a failing
grade
Friday, January 06, 2006 •
Associated Press
TALLAHASSEE, Fla. -- The Florida Supreme
Court struck down a statewide voucher system yesterday 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 also had 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.
© 2006 The Star-Ledger. Used by NJ.com with
permission.
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