The state’s widely expanded and used school choice voucher system is unconstitutional because it doesn’t provide for free, uniform education, the Florida Education Association argued in a lawsuit filed Tuesday.
Parents and the FEA argued in a 39-page filing in state trial court in Leon County that state dollars funding private school vouchers don’t conform to the Florida’s Constitution’s charge requiring “uniform, efficient, safe, secure, and high quality system of free public schools.”
“This mandate is not aspirational; it is binding. It reflects the basic principle that access to a high-quality education should not depend on where students live, their families’ circumstances, or the type of school they attend. It must be consistent, dependable, and fair across the State,” the union wrote in its lawsuit, naming Education Commissioner Anastasios Kamoutsas and members of the State Board of Education as defendants.
The plaintiffs ask the court to declare the scholarship programs and charter schools “as currently administered” unconstitutional.
“When public funds are used to educate a child, that child is entitled to the same level of educational opportunities, the same quality standards, and the same basic protections,” the FEA argued.
Expanding program
Since 2021, the state has expanded private school vouchers, making them universally accessible for parents to redeem at participating private schools.
In the 2024-25 fiscal year, the program dished out $3.17 billion in Family Empowerment Scholarship vouchers and recorded another $804.5 million in scholarship programs funded through corporate tax credits, totaling nearly $4 billion.
The program is anticipated to grow, increasing the share of taxpayer money eventually being paid to private schools.
According to the governor’s office, about 1.4 million students in the state use some form of school choice.
The union argues that since “standards, oversight, and resources vary so widely, the State cannot ensure that every child is receiving the high-quality education the Florida Constitution requires.”
“Uniformity means more than simply offering options. It means that every publicly funded school must meet consistent expectations in areas that matter most: safe learning environments, strong and consistent curricula, services for students with disabilities, access to extracurricular opportunities, and the responsible and transparent use of taxpayer dollars,” the lawsuit says.
“The Constitution also places a clear responsibility on the Legislature, the Governor, and the Department of Education to make sure this system is enforced and maintained as one uniform system. That is not what is happening today.”
The union says the school choice scholarship program “diverts public dollars into a separate private system parallel to and in competition with the free public schools that are the sole means set out in the Constitution of the state to provide for the education of Florida’s children.”
Neither the private schools nor the charter schools are “uniform” in comparison to traditional public schools, the union argues.
“The Scholarship Program violates the Article IX, section 6 constitutional requirement of only supporting a system of free public schools by supporting private schools that are neither ‘free’ nor ‘public,’” the lawsuit says.
In a social media post replying to the FEA’s announcement of the suit, Kamoutsas defended the school choice system.
The union is asking the court to enjoin diversion of public education funds to schools that do not meet state requirements of uniformity and safety.
Standards
The suit points to several provisions in statute that public schools must comply with to be in compliance with state safety standards that private schools are not bound by.
It goes on to list various other provisions that private and charter schools are not required to meet, such as competitive bidding and procurement and a uniform financial records system.
“This lawsuit is a last resort. We cannot wait for another year, we cannot wait for other elected officials. Our students cannot lose one more day of education,” FEA President Andrew Spar said during a news conference in front of Florida’s Historic Capitol.
“Let me be clear, this lawsuit is about enforcing the Constitution of this great state. This lawsuit is about ensuring that every parent, regardless of the method they use to ensure their child’s education, has accurate, honest, and complete information.”
–Jay Waagmeester, Florida Phoenix
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