A three-judge panel on a Florida appellate court has tossed an 8-year-old lawsuit taking aim at 20 years of state education policy.
It also adds to the ledger of lawsuits around the country that hit roadblocks trying to force states to increase public school funding.
The First District Court of Appeal’s decision is noteworthy for another reason. It finds a 2006 state Supreme Court ruling that found private school vouchers violate the Florida constitution does not threaten vouchers for children with special needs.
Judge Bradford Thomas writes that when the high court struck down Opportunity Scholarships for private schools in Bush v. Holmes, justices left the door open to reach different conclusions about the constitutionality of other school choice programs.
And McKay Scholarships, he writes, are different. About 30,000 students with special needs, less than 1 percent of Florida’s K-12 students, currently use the scholarships to attend private schools. Continue Reading →