Lawyers for the state are asking a judge to dismiss a lawsuit challenging Florida’s tax credit scholarship program.
In court papers filed Friday, they argue the statewide teachers union and other groups behind the suit can’t show they are harmed by the program.
The argument draws on court rulings from around the country, which have rejected lawsuits challenging tax credit scholarship programs. It hinges on the fact that the program is funded through tax credits that companies receive in exchange for private donations.
“The program relies on private voluntary donations—not public dollars,” the state’s lawyers write. “And the program provides tax credits to donors—not schools or students.”
The teachers union and other groups argue tax credit scholarships violate a 2006 state Supreme Court ruling that struck down a Florida voucher program. They also argue the program is unconstitutional because it subsidizes tuition for low-income students who attend religious schools.