Lawsuit aims to increase education funding in Florida

Oct 7, 2013 by

TALLAHASSEE — A group of determined parents from four Florida counties say the state’s public schools are unsafe, underfunded, inefficient and ineffective.

These parents from Alachua, Duval, Orange and Pasco have not taken their case to the court of public opinion — they have been fighting in court since 2009.

Their lawsuit, alleging that Florida lawmakers are shortchanging schoolchildren, is now moving forward. If successful, they could force the Florida Legislature to overhaul the state’s education system.


“The Constitution makes it the paramount duty of the state to provide an efficient, safe, secure and uniform high-quality education,” said Neil Chonin, a Gainesville-based public-interest attorney representing the parents. “I’m firmly convinced the Legislature and the [state] Board of Education are ignoring that.”

The Attorney General’s office and the state Department of Education declined to comment on the lawsuit.

A procedural hearing is scheduled for Oct. 9.

This isn’t the first time parents have questioned whether lawmakers are doing enough for Florida’s schools. Nearly two decades ago, a coalition of parents filed a similar legal claim focusing on education funding. But the state Supreme Court rejected the case, saying there was no constitutional basis to question the Legislature’s budget decisions.

Much has changed since then.

In 1998, voters approved a Constitutional amendment designating education “a paramount duty of the state,” and requiring state officials to provide “a uniform, efficient, safe, secure, and high quality system of free public schools.”

Prior to the change, the Constitution only required that “adequate provision shall be made by law for a uniform system of free public schools.”


“The [new] provision was drafted very specifically to allow litigation,” said former House Speaker Jon Mills, who sat on the 1998 Constitution Revision Commission and is now partnering with Chonin on the lawsuit.

Florida’s updated education clause is considered among the strongest in the country. In a 2006 opinion striking down school vouchers, state Supreme Court Justice Barbara Pariente wrote that the provision imposes “a maximum duty on the state to provide for public education” that meets the standards.

The parents hope to show Florida has failed on all counts.

Among their claims:

• The state does not devote an adequate share of financial resources for a high-quality school system.

• The state gives public money to charter and virtual schools without holding them to the same standards as traditional public schools.

• Public school facilities are not secure and need significant upgrades.

• The state’s education accountability system focuses too much on testing and is not efficient.

• The state graduation rate (73 percent) and persistent achievement gap prove that the system is not high quality.

“We remain some of the lowest-funded school districts in the nation, and are also witnessing the creation of separate and unfair systems of public education,” said Kathleen Oropeza, whose parent advocacy group Fund Education Now is among the plaintiffs.

Some published reports, however, show that Florida schools are improving.

via TALLAHASSEE: Lawsuit aims to increase education funding – Florida – MiamiHerald.com.

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