In a new appellate brief asking the courts to throw out a 14-year-old scholarship serving 78,000 of the state’s most economically disadvantaged students, lawyers for Florida’s teachers union have doubled down on a conspiracy theory. These attempts to sow seeds of doubt about the political origins of the Tax Credit Scholarship strike the unusual combination of being both irrelevant and wrong.
The brief, filed 10 days ago in the First District Court of Appeal following a circuit judge’s decision in May to dismiss the case on standing, opens with a bold assertion: “The challenged program is the successor program to the Opportunity Scholarship Program previously invalidated by both this Court and the Florida Supreme Court.”
The claim is similar to those made publicly over the past year by Florida Education Association attorney Ron Meyer, and unfortunately has seeped its way into the broader media narrative around the program. Even in recent presidential campaign stories about former Gov. Jeb Bush’s education record, outlets from The 74 to the New York Post have reported versions of the claim as fact. The Post wrote, without attribution, that: “When a state court nixed the program in 2006, Bush created a new voucher system, funded by private businesses, that withstood a court challenge from teachers.” A column in the Florida Times-Union last week also chimed in: “It became a government program, diverting tax dollars in the form of ‘tax credits’ into a tuition-granting organization only after the voucher portion of Gov. Jeb Bush’s A+ program was stricken by the courts.”