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Justices Kill State Voucher Program Plan Aided Students From Failing Schools

Posted on: Tuesday, 24 January 2006, 18:00 CST

By BETH KORMANIK and J. TAYLOR RUSHING

The Florida Supreme Court struck down a statewide school voucher program Thursday that gave students at failing public schools the opportunity to use public money for a private education.

The 5-2 ruling concluded that the Opportunity Scholarship violated the state Constitution's requirement of a uniform system of free public schools. It also diverts money intended for public education to private schools in violation of the Constitution, Chief Justice Barbara Pariente wrote in the majority opinion.

Although the voucher program was not widely used, it was a key component of Gov. Jeb Bush's education reforms and an educational experiment that was closely watched across the country. It was the nation's first statewide program of school vouchers.

In a statement issued after the ruling, Bush called the public school system a "monopoly" and said it benefited from competition from private schools. He pledged to work with the Legislature to draft a new law or to amend the state Constitution. He is also considering other legal options.

Former Education Commissioner Jim Horne of Orange Park was meeting with Bush at the Capitol when the governor was told of the ruling.

"He had a momentary look of exasperation but right away he was energized, thinking about how to fix it. It was kind of like the second Rocky movie. He had this look like, 'I'm not going to go down again,' " Horne said. "I've got a lot of my blood invested in this, too. No one is ever going to convince us we're wrong."60 VOUCHER STUDENTS IN DUVAL

Duval was one of nine counties eligible for the Opportunity Scholarships, available to students of any public school that receives failing grades from the state at least twice in four years. Sixty Duval students and 730 statewide used the taxpayer-funded scholarships. Those students will be allowed to stay at their current schools through the end of the academic year.The decision does not affect nearly 30,000 students in two other voucher programs for disabled and poor children, but it could be cited as a precedent in legal challenges against those programs, voucher advocates said.

Duval County School Board Chairwoman Brenda Priestly Jackson hailed the ruling as "great news" for local school districts.

"I think it further advances the position of the Duval County School Board along with the opponents of the voucher program that we do all we can to not divert public dollars to private schools, and more specifically faith-based private schools," she said. "I think it puts the onus back on the state to fully fund public education; that's what our Constitution requires."

Many of the county's top private schools did not participate in the scholarship program. The dollar value of the scholarships fell well short of their tuitions and the law prevented the schools from collecting the difference from parents. Schools also were not allowed to screen the students for admission. The average scholarship amount this year is $4,205.

Most Duval students who used the voucher attended Victoria's Higher Learning Academy or The Success Academy in the Northside, according to Sally Hague, general director of school choice/pupil assignment operations for the Duval County school system. She said the school system would soon notify those students of their options.

"We welcome the students back to the public school system and we're sure we can provide an excellent educational opportunity," Hague said.

Most students used the scholarships to attend religious schools, but the ruling sidestepped church and state issues. SUIT 7 YEARS AGO STARTED BATTLE

From the start, the program was expected to be tested in court and ultimately decided by the state Supreme Court. The legal fight began when Ruth Holmes, a longtime Pensacola teacher and former state teachers union president, sued Bush over the program seven years ago.

Holmes called the Supreme Court decision "a great win" for Florida's public school students.

"Our Constitution is clear that public dollars go to public schools. We've never been against private education, just public dollars being used for private education," she said.

One of attorneys who defended the voucher program, Clark Neily of the Washington, D.C.-based Institute for Justice, said the court did not have the authority to strike down the program.

"School choice is not dead in Florida," he said.

As a result of the ruling, lawmakers may expand other programs for getting children into private schools, Neily said.

Those alternatives include giving tax credits to corporations that provide scholarships to poor children and a separate voucher program that allows disabled students to attend private schools at public expense.

"We recognize that the proponents of vouchers have a strongly held view that students should have choices," Pariente wrote for the court's majority. "Our decision does not deny parents recourse to either public or private school alternatives to a failing school. Only when the private school option depends upon public funding is choice limited."

The ruling also said there was no means of assuring the quality of private schools and called into question the curriculum and qualifications of teachers at those schools.

The court's decision also seemed to fall along political lines.

Justices Kenneth Bell and Raoul Cantero, both appointed by Republican Bush, dissented. Justice Peggy Quince, who joined the majority, was jointly appointed by the late Gov. Lawton Chiles and Bush, then governor-elect, in 1998. The other justices were appointed by Chiles, a Democrat.LAWMAKERS PRAISE, PAN RULING

The voucher program has long been a source of political controversy. State lawmakers were predictably divided over the ruling.

Rep. Stan Jordan, R-Jacksonville, a former chairman of the Duval County School Board, predicted the program will survive in some form.

"It would be interesting to see what the game plan is now," Jordan said. "They'll have to repackage it, but it's just another obstacle that has to be overcome. Vouchers allow parents an option for the education of their children that otherwise they wouldn't be able to afford."

Jacksonville's Democratic legislators applauded the decision.

"We can now correctly focus our efforts and channel our funds in on how to improve our public schools, especially urban schools," said Rep. Audrey Gibson. "Our public schools should all function correctly and all be A-Plus schools."

Sen. Tony Hill, who once participated in a sit-in in Bush's office to protest the governor's education policies, said Thursday's ruling promotes equality and fairness.

"We send mixed messages when we allow public dollars to go to a private location with no accountability," Hill said. "This gives us one set of rules for one type of education. This is a plus. Those of us who advocated that this should not be done have been vindicated."Times-Union writer Tia Mitchell and the Associated Press contributed to this report.beth.kormanik@jacksonville.com, (904) 359- 4619jt.rushing@jacksonville.com, (850) 224-7515, extension 11WHAT MIGHT HAPPEN

Although the ruling has no direct effect on nearly 30,000 students in two other voucher programs for disabled and poor children, it could be cited as a legal precedent.

The ruling could lead to litigation against the McKay voucher program for disabled students or the new pre-kindergarten program and Bright Futures College Scholarships.

Voucher supporters could push for a constitutional amendment to make them legal or they could appeal Thursday's ruling to the federal courts.Source: Times Union and Associated Press

Source: Florida Times Union

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