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January 5, 2006 3:56 PM

FLORIDA SUPREME COURT NIXES FLORIDA VOUCHER PROGRAM

From the New York Times story

In a ruling expected to reverberate through legal battles over school choice

in many states, the Florida Supreme Court today struck down a voucher

program for students attending failing schools, saying the state

constitution bars Florida from using taxpayer money to finance a private

alternative to the public system.

The 5-to-2 ruling will shut down a program that Gov. Jeb Bush has considered

one of his chief accomplishments at the close of this school year....

....The United States Supreme Court has ruled that the federal Constitution

does not prohibit vouchers. But it also held last year that states were not

obliged to finance religious education as well as secular education, a

ruling that left state courts to decide whether voucher programs are legal

and focused national attention on the battle over Florida's voucher program,

which the teachers union first challenged in 1999.

ã Copyright January 5, 2006 by Harvey Kronberg, www.quorumreport.com, All

rights are reserved

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For Immediate Release

January 5, 2006

FLORIDA SUPREME COURT DECISION ON SCHOLARSHIPS FLAWED

Washington, D.C. – The Florida Supreme Court on Thursday declared

that the state's school choice program violates the constitution's

requirement of a uniform system of free public schools, a move being

viewed by many as both political and divisive. The Opportunity

Scholarship Program, part of a larger accountability program enacted

in 2000 which gave children in failing schools the choice to attend

private schools or better performing public schools, was struck down

on party-lines in a 5-2 opinion.

" This decision does not mean Florida's Opportunity Scholarships are

not right, " said CER President Jeanne . " It just means that this

court, at this time, wasn't able to justify them under the

Constitution. "

In a statement, argued that the decision is an anomaly in

Florida, and has no repercussions for other states. The U.S. Supreme

Court ruled an Ohio scholarship program constitutional in 2002.

also provided data about the positive impact of Opportunity

Scholarships on student achievement. Students at schools that had

failed two years in a row had significant learning gains, a response

to the possibility of schools losing students to the opportunity

scholarship program. Scholars have also found dramatic learning gains

among the 701 students enrolled in 47 schools through the program.

" This is a blow for the kids of Florida and a challenge for policy

makers, " said , " but not one that cannot be overcome. "

###

CER, the leading national organization for necessary structural

change in American education, joined an amicus brief in support of

the program.

>

> January 5, 2006 3:56 PM

> FLORIDA SUPREME COURT NIXES FLORIDA VOUCHER PROGRAM

>

> From the New York Times story

>

> In a ruling expected to reverberate through legal battles over

> school choice

> in many states, the Florida Supreme Court today struck down a voucher

> program for students attending failing schools, saying the state

> constitution bars Florida from using taxpayer money to finance a

> private

> alternative to the public system.

>

> The 5-to-2 ruling will shut down a program that Gov. Jeb Bush has

> considered

> one of his chief accomplishments at the close of this school year....

>

> ...The United States Supreme Court has ruled that the federal

> Constitution

> does not prohibit vouchers. But it also held last year that states

> were not

> obliged to finance religious education as well as secular education, a

> ruling that left state courts to decide whether voucher programs

> are legal

> and focused national attention on the battle over Florida's voucher

> program,

> which the teachers union first challenged in 1999.

>

> ã Copyright January 5, 2006 by Harvey Kronberg,

> www.quorumreport.com, All

> rights are reserved

>

>

>

>

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