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Saturday, December 15, 2012

Why Florida’s Teachers and Schools Are About to Face a Smashmouth Legal Fight Over SB 736 | Scathing Purple Musings

Why Florida’s Teachers and Schools Are About to Face a Smashmouth Legal Fight Over SB 736 | Scathing Purple Musings:


Why Florida’s Teachers and Schools Are About to Face a Smashmouth Legal Fight Over SB 736

Word came yesterday in Jeff Solocheck’s Gradebook that the lawsuit filed by a group of teachers against SB 736 has hit a new roadblock:
The latest twist on the case is that the state’s new lawyer is questioning whether the teachers who filed the suit have legal standing to do so. “Plaintiffs lack standing to bring a lawsuit as individuals challenging the constitutionality of Senate Bill 736 as Article I, section 6 does not grant individual employees a right to collectively bargain,” attorney Michael Mattimore writes in his filing this week.
He also suggests the court lacks subject matter jurisdiction in the case, and that the plaintiffs have waived their right to sue based on their own collective bargaining agreements.
Meanwhile, the effects of SB 736 continue to be felt, most recently with the release of new teacher evaluation results. The appointment of Tony Bennett as education commissioner indicates the