Vouchers lose again in Florida

January 6, 2006

The surprise isn’t that the Florida Supreme Court struck down Jeb Bush’s statewide voucher program; the surprise is that Bush ever thought he could win in the first place.

The Florida Supreme Court struck down the state’s voucher system that allows some children to attend private schools at taxpayer expense, saying it violates the state constitution’s requirement of a uniform system of free public schools.

Today’s 5-2 opinion in Bush v. Holmes struck down the Opportunity Scholarship Program, championed by Gov. Jeb Bush, which was the nation’s first statewide system of school vouchers. About 700 children statewide are using the program to attend a private or parochial school after transferring from a public school the state considers to be failing.

Chief Justice Barbara Pariente, writing for the majority, 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 legality of the program never withstood any scrutiny. A state district court said the program was unconstitutional; a state appeals court said the same thing; and now the state Supreme Court has finished the trifecta.

Article I, Section 3 of the state Constitution explains that “[n]o revenue of the state … shall ever be taken from the public treasury directly or indirectly in aid … of any sectarian institution.” For that matter, the state Constitution also insists, “Adequate provision shall be made by law for a uniform, efficient, safe, secure and high quality system of free public schools.” Jeb’s voucher program never stood a chance.

The next thing to watch is the national impact. Two-thirds of the states — 37 in all — have provisions in their state constitutions similar to Florida’s, which suggests voucher proponents may have similar trouble elsewhere.

With any luck, pro-voucher lawmakers will be discouraged from even trying.

“[n]o revenue of the state … shall ever be taken from the public treasury directly or indirectly in aid … of any sectarian institution.”

This ruling would also seem to have applicability with the Federal faith-based initiatives (read: parochial bribery and inducement bloc grants). Of course, the federal courts would have to agree but this is a good start to reducing political manipulation of religion.

  • Oh how I hope you are right. Wisconsins limited Milwaukee area voucher program is a fiasco. There is no oversight, no testing requirement (unlike the public schools) and no requirement for qualified teachers! Other than the top few voucher schools it is a huge failure.

  • First, I don’t have any trust in Republicans, period.
    With that foundation, I feel that this is not about education, this is playing to all 3 of the Repub-Thugs constituancies:
    Far right wackos want the Gumint money to spread their relgious beliefs;
    Greed-head business people want to crush any unions (i.e. public school teachers);
    Libertarians don’t want ANY Gubmint spending, and it’s easier to undermine public schools, when their influence is watered down.

    So, they are going to keep playing this card again and again. They are relentless in their evil ways, and we have to get used to a permanent fight on this and many other matters.

    I would prefer hope, but that implies some positive attributes. I see none in these people.

  • The broad-based failure also allows Jeb to go to the legislature and voters and say “The courts have made it clear it is unconstitutional. Since it is such a great idea we need to ammend the Consititution to allow it.”

    It sets up the fight. It “supports” the idea of judges having too much influence over government.

    I really enjoy how these guys HATE lawyers and lawsuits unless they are using the courts to further their own agenda. The real message of this is the Republican social agenda is unconstitutional. That sure does not stop them from selling it.

    Wankers.

  • The thing that ticks me off the most about these things (vouchers, domestic wiretapping) is that there is really only one legal way to institute them, that being constitutional amendment, but the asshats try to force these things through by any and all other means even thought they know there is only one way to do it. I have absolutely no problem with people who think these things are great ideas in trying to get them instituted by the appropriate, public and transparent method. Heck that is politics. But to do what they do in the wasteful and often secretive manner they do it is criminal. One law I would pass is to force personal liability upon the executives/lawmakers for the expenses incurred in pushing such obviously improper methods.

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