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
nbr says
My tax dollars should not be used fund private/secular education. If parents what to send/use a private education system to educate their children let them pay 100% of the cost, NO tax dollars should be used for educating their children.
It’s there choice not to used the public system, Let them pay 100% of their childs education
Dennis C Rathsam says
The school boards, & teachers need to look in the mirror! If they had done a good job, & really taught our kids, none of this would have surfaced
JC says
Sounds like you need to go back to school to improve on your sentences and using periods at the end.
Ed P says
Here’s the real question. How or what prompted the private voucher or private/charter schools?
Is it because the public school system was so successful that it was turning out better educated, better life prepared students today than yesteryear?
The public school system has some real challenges and failures. Obviously privatization is not going to be endorsed by the union.
Here’s an indefensible fact:
It’s now estimated that 40-60% of first year college students require at least 1 remedial course.
Need to get to the root cause. Teachers can’t be judged on effectiveness of educating children and children can’t be judged by testing? Really?
Florida is spending an average of $13,487 per public school student.(some funding is federal) It’s not money.
Blaming Covid, or vouchers might be as foolish as changing testing to achieve acceptable results. At the end of the day, we haven’t solved the root causes.
The public education system is not excelling. Who believes the courts are the solution?
The problems existed long before vouchers. Don’t be fooled.
Jim says
Maybe Florida paying teachers the least salary in the US might contribute.
Maybe Florida having some of the loosest requirements to be a teacher might contribute.
Maybe pulling funding from the public sector to the private schools might contribute.
Maybe the threat of getting fired or suspended for teaching something not currently considered politically correct might contribute.
Maybe it’s our current interest in making damn sure no woman gets an abortion under threat of prosecution while cutting funding for children’s lunches, medical needs, and just general welfare might contribute.
I don’t know. Maybe kids are just stupid now. Anything’s possible….
Sherry says
Thank you Jim! Excellent points!
Ed P says
Hey Jim,
Maybe they decide private vouchers are unconstitutional and they kick the can down the road another generation or two?
Maybe?
Deborah Coffey says
Rankings of public schools by state…you will note that most red States are in the bottom half.
https://wallethub.com/edu/e/states-with-the-best-schools/5335
Pay no attention U.S. News and World Report. It’s garbage.
Atwp says
Ty Miss Coffey
Canary says
“We cannot wait for another year, we cannot wait for other elected officials. Our students cannot lose one more day of education”…. uh, can we have a word please? Where was this self-righteous savior complex when you all were completely failing all of our kids?
Atwp says
Never agreed with my tax dollars being used to fund private. Most if not all the students are white. Why should I improve the education of white students and the best education for African American is under funded. I don’t like that idea. I think this started about few years ago. This state is all about improving the education system for white students and ignoring the students of color.
George says
“Uniform, efficient, safe, secure, and high-quality system of free public schools”? When have unions cared about any of this?