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Fla. Supreme Court Strikes Down Vouchers

AP is reporting:

The Florida Supreme Court struck down a voucher system that allowed some children to attend private schools at taxpayer expense, saying Thursday that it violates the state constitution's requirement of a uniform system of free public schools. The 5-2 opinion struck down the Opportunity Scholarship Program, championed by Gov. Jeb Bush, which was the nation's first statewide system of school vouchers.

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.
Judges had allowed the state to continue the program while the case was on appeal, and about 700 children are attending private or parochial schools through the program.

About 24,000 more attend such schools under more recently created programs, including one for children with disabilities. Thursday's ruling did not directly affect those programs but could eventually be cited as a precedent.

Chief Justice Barbara Pariente, writing for the majority of the court, said the Opportunity Scholarship 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.

Private schools also are not uniform when compared with each other or the public system, and are exempt from many standards imposed by law on public schools, such as mandatory testing, she added.

Previous Comments

ID
172113
Comment

I have never understood the degree of anti-intellectualism it would take to not understand that if private schools are going to get tax vouchers, then they will have to be subject to all regulations that public schools are. Duh. Such as testing and other No Child Left Behind standards, as well as separation of church and state issues. No prayer on the loud speaker. Don't people get this??? Civics 101, guys.

Author
ladd
Date
2006-01-05T13:34:31-06:00
ID
172114
Comment

"Congress shall make no law respecting an establishment of religion..." Yeah. But if they can get away with it, I don't think they care. I feel sometimes like the popular right-wing attitude about the constitution, and for that matter any facts that might be standing in the way, is "Don't force it; get a larger hammer." Cheers, TH

Author
Tom Head
Date
2006-01-05T20:22:48-06:00
ID
172115
Comment

Private schools aren't necessarly religious.

Author
Ironghost
Date
2006-01-06T13:22:22-06:00
ID
172116
Comment

True, but the religious ones should fear vouchers. And they all should fear testing.

Author
ladd
Date
2006-01-06T13:30:16-06:00
ID
172117
Comment

Everyone should fear testing. If vouchers come with strings, then you should be wary.

Author
Ironghost
Date
2006-01-06T20:46:38-06:00
ID
172118
Comment

It's not about "strings." It's about where taxpayer money goes. You can't exempt some schools that benefit from tax money and breaks and not other ones from constitutional standards such as the religion clauses or federal No Child Left Behind standards. This is the "fine print" folks don't bother to read. Those vouchers would have to come with a hefty price tag. Sounds like the Florida court was smart enough to understand that. Tom, even if they get away with it for a little while because they "stack" the courts with activist judges who ignore basic constitutional standards, that doesn't mean that will last. Private-school parents will end up with the same testing problems as public schools if they're not careful what they wish for. And they will be fighting lawsuits about their religious practices if they let in tax money. It's the system we're built on, people. And that's a good thing. But private school parents better be aware. Just sayin'.

Author
ladd
Date
2006-01-06T21:56:47-06:00
ID
172119
Comment

It's what I mean with strings. With Federal Money always comes Federal Rules and Regulations.

Author
Ironghost
Date
2006-01-07T22:21:22-06:00
ID
172120
Comment

True. And for good reason. It's called "accountability."

Author
ladd
Date
2006-01-08T10:36:22-06:00

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