BAEO enters legal fray to defend Florida tax credit scholarships

A national organization that fights for the academic needs of black students entered the lawsuit over Florida’s tax credit scholarship today. The group, Black Alliance for Educational Options, filed an amicus brief urging the First District Court of Appeal to reject the state teacher union’s attempt to shut down the scholarship and to affirm a circuit judge’s dismissal of the case.

The brief tracks some of the legal arguments offered by lawyers representing the state and scholarship parents, but its tone is more personal. “BAEO knows from recent history that without high quality educational options such as the FTC scholarships, many of these students would never be in a position to enjoy their full panoply of civil rights – those rights can ring hollow for illiterate black students,” wrote Michael Ufferman, the attorney for BAEO.

The tax credit scholarship, passed into law in 2001, is serving 78,014 low-income schoolchildren this year. Of those, 23,268 are black. Their average household income is $23,551, which is 0.6 percent above poverty. Roughly 54 percent live with only one parent.

The Florida Education Association and other groups filed suit in August 2014, asking the courts to declare the scholarship unconstitutional. Leon Circuit Judge George Reynolds dismissed the case on standing in May, ruling the plaintiffs could not show how they or public schools were harmed. The U.S. Supreme Court in 2011 similarly rejected a challenge to a tax credit scholarship law in Arizona, denying standing, and three other state supreme courts have ruled in favor of the scholarships. None to date has ruled against them.

“If this lawsuit succeeds, the results will be devastating to the nearly 80,000 low-income and working-class, mostly black and Hispanic students who will be kicked out of their schools,” BAEO Policy and Research Director Tiffany Forrester said in a news release. “But it will also be a blow to social justice. Wealthy families have always had choices in education; low-income and working-class families deserve the same.”

BAEO also said in the release it was “very disappointed” the Florida NAACP joined in filing the suit. Two other plaintiffs, the Florida School Boards Association and the Florida Association of School Administrators, have withdrawn since the case was dismissed in circuit court. Meanwhile, a growing number of leading black ministers across the state have joined the cause against the lawsuit, calling themselves the “Florida African-American Ministers Alliance For Parental Choice.”

Earlier this month, attorneys for the state and scholarship families filed response briefs in the First District Court of Appeal. They asked to court to schedule oral arguments for the appeal.

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