Florida education officials say “speculative” damages caused by the state’s voucher system aren’t their fault.
In a 40-page response to the Florida Education Association’s lawsuit filed in May, attorneys for the state argued the resolution plaintiffs want won’t be accomplished by the suit they filed.
“None of the Defendants caused the harm of which Plaintiffs complain, and the declaratory and injunctive relief Plaintiffs seek would not remedy their alleged injuries — indeed, as to at least one Plaintiff, the relief sought would terminate the very benefit her own child receives. Plaintiffs’ alleged injuries are generalized, speculative, and conclusory,” the state argued.
The FEA filed the suit in state circuit court arguing the state’s widely expanded and used school choice voucher system is unconstitutional because it doesn’t provide for free, uniform education.
“FES-EO is a universally available, parent-directed scholarship program that supplements the system of free public schools rather than supplanting it. It neither diverts students from public schools designated as failing nor substitutes private-school tuition for the public education the State must provide,” the state argued in response to the suit.
The reference was to the Family Empowerment Scholarship, a common school choice scholarship in Florida.
Education Commissioner Anastasios Kamoutsas and members of the State Board of Education are listed as defendants in the suit.
Joining the FEA as plaintiffs are several parents and their children in public schools, a homeschool family, and a public school teacher.
The union’s lawsuit largely focused on the Florida Constitution’s promise of a “uniform, efficient, safe, secure, and high quality system of free public schools.”
The plaintiffs are asking the court to declare the scholarship programs and charter schools “as currently administered” unconstitutional.
“Charter schools have been part of Florida’s public education system since 1996. When the electorate adopted the 1998 amendment — which retained the longstanding requirement of a ‘uniform’ system and added the terms ‘efficient, safe, secure, and high quality’ — it did so against the backdrop of existing regulatory variation within the public school system, including charter schools, and did not thereby prohibit such variation,” the state argued.
The voucher system has boomed, particularly since it was opened for universal use, previously reserved for families under a certain income threshold. It makes up more than $4 billion.
Request to intervene
A group of Florida families using the scholarship program filed a request to intervene in the case, saying they could be harmed by its outcome.
The group of families largely use the Students with Unique Abilities scholarship for students with special needs.
“Whereas Defendants, or some of them, have a duty to defend the constitutionality of the challenged laws, the Florida Families would lose the educational placements on which their children currently depend. Many would also lose access to critical therapeutic support services important to their children’s education,” the families wrote in asking to be included in the case.
The request to intervene states that the state and plaintiffs consent to the intervention, although plaintiffs do not support making them a full party.
“The Family Empowerment Scholarship has completely changed our daughter’s life,” Tatiana Cox Lopez, a parent asking to intervene, said in a news release.
“Before homeschooling and receiving one-on-one instruction in subjects like math, reading, and writing, she struggled academically and often felt discouraged in a traditional classroom setting. Today, she is excited to learn, looks forward to meeting with her teacher each week, and has gained confidence in herself and her abilities.”
The switch to the scholarship has allowed a more tailored educational approach, Cox Lopez said.
“Taking away programs like this would have devastating impacts on children like my daughter, forcing many back into environments where they will not succeed,” she said.
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