Florida Supreme Court declares school vouchers unconstititional

[norml]

Florida Supreme Court declares school vouchers unconstititional

By BILL KACZOR
Associated Press
Posted January 5 2006, 11:42 AM EST


TALLAHASSEE -- 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.

Thursday's 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. 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.

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

Justices Kenneth Bell and Raoul Cantero, both appointed by Bush, dissented.


snip


http://www.sun-sentinel.com/news/local/southflorida/sfl-15vouchers,0,141913.story?coll=sfla-home-headlines

[Skink]

1. Bunch of wild eyed activists...

:wtf:

[wtbymark]

2. Good - preserve and fund public education

to restate a fact- by 2012 NO school in the US will pass NCLB standards

[onehandle]

3. Activist Judges! Activist Judges! ...2 of 'em. nt

[yellowcanine]

4. "Constitution? We don't need no steenkin' constitution!" says Jebbie.

[Norquist Nemesis]

5. Quick! Call Congress back for an emergency resolution!!!

Those activist judges are getting unruly again! :sarcasm:

[Judi Lynn]

6. This news couldn't be more welcome. My God. Thought it would never happen.

It looked as if the right-wing has our entire country under its control. Dare we hope this signals a hint of sanity returning?

This is STUPENDOUS! It's HUGH!!1!!1!!!!!

What a spendid developement.

Poor _Jeb only had one vote other than the one from his appointee, Raoul Cantero, the grandson of brutal Cuban dictator, Fulgencio Batista.

http://homepage.mac.com/jholbo/nutwork/images/Bush,%20Jeb.jpg

[Auntie Bush]

15. Love that picture of Jeb. He looks like

a mean ol' angry pig. Pig Face would be a good name for that picture. Good for the Dems to use...when he runs his next campaign.

[Judi Lynn]

25. It really runs in the family, doesn't it?

It'd be great to see them gone.

[sinkingfeeling]

7. Good news! I detest any taxpayer money being used to send a

child to a parochial school. If a parent wants his child brainwashed into a certain religion, let them come up with the money.

[Freddie Stubbs]

20. What about non-religious private schools?

:shrug:

[electropop]

24. Same thing.

[NashVegas]

31. I'd Feel the Same

Private schools are not subject to the oversight that public schools are. Specifically, they are not subject to democratically elected school boards, or superintendents. They answer only to the parents whose children are enrolled.

[jazzjunkysue]

38. and they hire uncertified teachers: gym, physics, it's all the same

Vouchers never cover the majority of the private cost, making it a give away to the rich who can afford the other 75% of the tuition. It never helped poor or working poor.

The entire voucher argument is fraudulent.

School laws are written so that superintendents lose their jobs and certifications if any money is taken. Nothing is wasted on luxuries. The entire arguement is a scam to promote a profiteering scam, and it's al designed to weaken public schools for truly poor students.

[Freddie Stubbs]

46. Public schools are hiring uncertified teachers as well

There is a shortage of teachers in the state, and schools are hiring people without teaching degrees and letting them get their certification later.

[K-W]

52. It isnt the same practice at all

And after NCLB that has pretty much stopped.

Its quite simple, there are laws regulating public schools that dont apply to private schools. Selling off the educational system would among other things udo decades of legislation, much of it progressive. But that is really the least of the problems with bringing profiteers into the educational system.

[jazzjunkysue]

53. yeah, but they're getting them. Private schools can let anyone

teach anything, regardless of their qualifications, or lack thereof. Public schools can allow a teacher to work toward the cert for only a few years. And the state monitors it in detail in public schools. They're not allowed in the door of a private school, so, you've got someone who only got a C in math teaching junior and senior math. Not good, and not worth supporting with my tax dollars.

[HockeyMom]

55. Husband lives in Naples

He told us that Ft. Myers is advertising for teachers with just a HIGH SCHOOL DIPLOMA and 2 years of ANY work experience. As he said, "Will McD's count?" He also said that the salaries are very low and the cost of living isn't really any less than here. Our daughter's boyfriend (BS Secondary Science Education) just started teaching last September. He is also going for his Masters at night. NYS requires Masters for Permanent Certification. He makes a little under $50,000 a year at a Queens Public HS. See one of the problems with trying to recruit from out of state? The weather is not enough of a draw. Our daughter will also graduate next year with a BA in Elementary Education from SUNY. They are both considering moving to Nevada in a few years for the cost of living factor.

This is frequent topic of conversation in our family, as you can imagine.

[LiberalFighter]

40. Yet the state DEMANDS oversight and regs of public schools

[Name removed]

27. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Judi Lynn]

28. Take it up with the Florida Supreme Court. n/t

[Bridget Burke]

29. I have no kids & pay the same tax.

I'm glad to support the public schools. Should I ask for a rebate to send my cats to obedience school?

"Farleft"?

[sinkingfeeling]

30. No, public schools are an established function of the government.

If you think you should be allowed to take said tax money and use it in lieu of paying private school tutition, then I as a taxpayer with no children nor grandchildren, should not have to pay any taxes for the purpose of education. Functions of government exist for the 'common good' and we as individuals do not get to pick and choose.

[NashVegas]

32. Because I Don't Get to Vote for Your School Board or Super, Is Why

Public schools are subject to public oversight. Private schools are not.

[Name removed]

34. Deleted message

Message removed by moderator. Click here to review the message board rules.

[eppur_se_muova]

37. Finally someone sees the point! YOUR taxes do not send YOUR kids to school

...they send EVERYONE'S kids to school. That's why the whole notion of a voucher makes no sense. If you live in a district where there are, say, 10,000 students and you remove your one kid from the public schools, that *might* cut expenses by 1/10,000th part. So *everyone* gets 1/10,000th of their money back (actually less is taken in taxes), not just you. If a large fraction -- say, oh, 20% -- of kids in that district were taken out of school by their parents, again, that would mean a reduction in expenses of about 20%, and everyone would pay less in taxes. This is not a "quid pro quo" transaction. The cost of educating future citizens -- also future taxpayers -- is one borne by society (i.e. current taxpayers) as part of the cost of our societal infrastructure because it is vital to a fully functioning, free, and literate society. If you want to send your kids to a private school -- a luxurious premium denied to many -- you can foot the cost of that yourself.

'Infrastructure' ain't just highways, you know.

on edit: following up to replies by Bridget Burke and sinkingfeeling, not the deleted message.

[ernstbass]

8. Take that Jebbie!!

[wryter2000]

9. Good for them!

5 to 2. There's hope for sanity, after all.

[pinerow]

10. Sanity in Florida...

whoulda thunk it...

:woohoo:

[YDogg]

11. Good. There is some justice in the world.

[Indykatie]

12. Vote Wasn't Even Close

That surprises me.

[Acryliccalico]

13. This is good. n/t

:kick:

[Rainscents]

14. This is great news!

:kick:

[cmd]

16. Good n/t

[FSogol]

17. Surprisingly good news from FL. n/t

[jsamuel]

18. Very good news

[wakeme2008]

19. The only problem is they had this case for a couple years

and only now is it coming out. :grr:

[jackster]

21. IT'S BEEN A LONG TIME COMING!

HURRAY!

[seafan]

22. But, but, but, Barry Richard said.....

snip

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.

Barry Richard, representing the state, told the court in a hearing last June that lawmakers have the "quintessential power" to spend state money as they see fit, including spending state money on private school vouchers.

Voucher opponents argued that the program unconstitutionally diverted money from public to private schools, and that it violated the separation of church and state.

The Supreme Court judges had allowed the state to enforce the law while the case was on appeal.

http://news.yahoo.com/s/ap/20060105/ap_on_re_us/florida_school_vouchers&printer=1;_ylt=AhwNl8lSlenovx2RwRknQtJH2ocA;_ylu=X3oDMTA3MXN1bHE0BHNlYwN0bWE-



Oh, we remember well, who Barry Richard is..... he was the lead attorney in Florida for the Bush v Gore theft. I can just see him now, high-fiving his buddies after each incremental win to force an end to examining the will of the voters.

And now, he's claiming that Prince Jeb and his legislature have the "quintessential power" to spend state money as they see fit, including spending state money on private school vouchers.

They really do think they will be a dynasty. Delusion wreaks havoc on a personality.

[northzax]

57. well, someone should fax Mr. Richard

a copy of the Florida Constitution, which gave the SC two options for throwing this out. First, it bans the spending of state funds for the support of any religious purpose, and second, it mandates free public education be avaliable to everyone. damn Constitutions, always getting in the way. Even the Freepers agree with the legal descision, for the most part. http://www.freerepublic.com/focus/f-news/1552398/posts?q=1&&page=1#1

[Ian David]

23. There go my dreams of starting The Satanic Freedom-Hating School of Evil

[SoCalDem]

26. Well THAT just tears it.. The court must GO !

:)

[SharonRB]

33. Great news.

[mom cat]

35. How long will it take till SOTUS to reverse?

[soup]

47. The ruling didn't leave room for an appeal.

I figure devious john ellis and voucher proponents will try to circumvent the ruling somehow. But, as it stands, the court steered clear of the federal 'separation of church and state' in their reasoning, and held to violating the state Constitution: "vouchers violate a state constitutional provision that voters enacted in 1998, for a "uniform, efficient, safe, secure and high quality system of free public schools."

Very wise. I'm lovin' it.

Unfortunately, I doubt it's the final word on the matter. Just because the court ruled it unconstitutional, doesn't mean it's resolved.

--

edit to add a clip and a link from a St Petersburg Times editorial that says it better than I ever could:

Stop the voucher fight

Now that the state Supreme Court has ruled vouchers unconstitutional, it's time for lawmakers to get back to fixing public schools.

A Times Editorial
Published January 6, 2006

>>snip<<
Bush has been resisting this day for more than six years, stalling and appealing and hoping for an answer that was not to come. In the face of repeated adverse rulings, he and the Legislature created four other voucher programs, and he asked for a fifth last year. The same governor who promoted Opportunity Scholarships in 1999 as way to help students to escape a select number of "failing" public schools offered a much broader rationale Wednesday. "The public never benefits," he said, "from the government protecting a monopoly."

Enough political blood has been spilled in pursuit of the governor's privatization agenda. Opportunity Scholarships, the program on which the court ruled, serve only about 700 of Florida's 2.6-million public school students, and lawmakers would be wise to get back to basics. The point is to provide the highest quality public education possible, and vouchers are mostly a distraction in that regard.

Lawmakers who might be inclined to swim further upstream with the governor should first read the court's opinion. The court leaves little room for wiggling, and it has not even ruled on religious issues. More to the educational point, though, lawmakers need to reflect on the slippery nature of their voucher experiments. None of the newest voucher programs is tied to the performance of corresponding public schools, and no one knows whether the voucher schools are delivering a better education because they are not tested or held to any equivalent standards.

This legal fight needs to end so the state can turn its focus once again to making sure that every public school is, as the Constitution promises, "high quality."
http://www.sptimes.com/2006/01/06/Opinion/Stop_the_voucher_fight.shtml

[mom cat]

49. Thank you for your excellent post and the good news!

[K-W]

51. They can't. The Florida constitution is quite clear. EOM

[2Design]

36. good - need to put more money into public schools

and allow them to have smaller classes and tutoring for these students who need extra help - sending them to a school where they are allowed to discipline or throw the student out makes a big difference in the student response

get the size of the classes down like they voted - instead of putting more students in
no rw schools

[rocktivity]

39. CUE THE VONAGE THEME!

:woohoo:

And in your face, Jeb!

"WAHHHHH! I'M TELLING MY DADDY ON YOU!!!"

If the public school system stinks, then FIX it--even if means (gasp) SPENDING TAX MONEY!

:headbang:
rocknation

[Trillo]

41. I'm happy for all you public schoolteachers. nt

[texpatriot2004]

42. Good nm

[dryan]

43. This is great....

news! Jebster and company take the attitude that they don't care what the people want. I was a member of the committee that got Amendment 11 on the ballot in November 2002 which passed with over 60% of the vote--woo woo! After it passed Jeb said he didn't feel obligated to follow it. This is the chief law enforcement officer of the state of Florida.

[texpatriot2004]

45. Just like the rest of the * family...they think the laws don't apply

to them. BFEE

EVIL BASTARDS the whole family,

[tinfoilinfor2005]

44. Great news.

Son in law teaches in a public school here in Florida on a pitiful salary. Hopefully this will translate into a raise sometime soon.

[greiner3]

48. The goal of repugs and fundies;

Is to completely close the public education system. That would open the floodgates for parochial schools to proliferate. That would also force a large percentage of middle class and the poor to stop sending their children to school. The labor pool would then be ignorant and the repugs could lower the minimum wage to a dollar a day if that's what was called for. I fear for the future. This case will probably be decided by the supremes. I wonder what their answer will be!

[Scurrilous]

50. Good news...

...I see that Justice Raoul Cantero of the Batista Crime Family dissented. Not suprising.

[Cocoa]

54. yay!

:bounce:

[norml]

56. Jeb pouts in 'Voucher Crashers'

Jeb pouts in 'Voucher Crashers'
By Randy Schultz

Palm Beach Post Editor of the Editorial Page

Sunday, January 08, 2006

During Gov. Bush's campaign in 1998, he claimed that vouchers weren't a big part of his education plan. Now, the governor may spend his last year in office campaigning to make vouchers part of the Florida Constitution.

One of the best scenes in the hilarious movie Wedding Crashers shows Isla Fisher, in the role of the treasury secretary's daughter, throwing a temper tantrum. She scrunches up her face, swings her arms and stomps her feet. It's funny because she's a grown woman acting like a little kid.

Gov. Bush acted much the same way on Thursday after the Florida Supreme Court, in a decision that everyone but he and his delusional aides saw coming, ruled that Gov. Bush's system of vouchers is unconstitutional. He fumed about the public school "monopoly." He railed against the court — except, of course, the two justices he appointed. They backed the illegal voucher program.

It was familiar petulance. The governor shows it each time he is challenged. He blew up six years ago when two African-American legislators staged a sit-in to protest his policies toward minorities. He pouted when court after court ruled against him in the Terri Schiavo case. When environmental groups sued to block the Mecca Farms site for The Scripps Research Institute, the governor called them "legal terrorists." It is the arrogance of an ideologue who thinks he's never wrong.


snip


http://www.palmbeachpost.com/opinion/content/opinion/epaper/2006/01/08/a1e_schultzcol_0108.html