Scrutiny of school vouchers remains off limits
Because of a court ruling, Florida could be on the way to spending nearly $1 billion on an education program without knowing if the program works.
Last week, Leon County Circuit Court Judge George Reynolds dismissed a lawsuit by the Florida Education Association — the teachers union — and other plaintiffs challenging the constitutionality of the state's corporate tax school voucher program. It began with $50 million in 2001, and could grow to $447 million next year and to $904 million by 2019.
Ostensibly, the program aims to provide a private-school option for low-income children who are struggling in traditional public schools. In 2006, the Florida Supreme Court struck down a similar program that used money from the state treasury. The current voucher program allows companies to donate state tax liabilities. The money goes through a non-profit organization — Tampa-based Step Up For Students — and to parents, thus bypassing the Department of Revenue.
That dodge has enabled programs in other states to survive legal challenges, and in this lawsuit it worked for Florida's. Because the plaintiffs "do not challenge a program funded by legislative appropriations," Reynolds wrote, they lack "taxpayer standing to bring this action." The plaintiffs also alleged that the diversion of money harms public school districts, causing "special injury." Reynolds called that claim "speculative."
Note that Reynolds didn't rule on the merits of the program. The plaintiffs "didn't get past the front porch" on that point, said Ron Meyer, their attorney. Absent a successful, long-shot appeal or legislative action — highly unlikely — Florida never will know objectively if what the union correctly calls this "parallel system" of education is succeeding.
In public schools, students must take so many state-ordered tests that parents and school boards have rebelled. Not until this year did the Legislature begin to give some relief. In the parallel system of voucher schools, students must take only one of three national tests. They are compared to their peers in other states, not to their peers in Florida.
Florida's parallel system also allows the diversion of what would be state money to religious schools, skirting another constitutional issue. Roughly 80 percent of the 70,000 students who accept vouchers attend religious schools. According to news reports, many might fold if not for the vouchers.
The other argument for the voucher program is that it saves the public money. Step Up For Students notes that each voucher was worth $5,272 this year, about three-fourths of per-pupil spending in public schools. According to the Florida Department of Education, if just half of the voucher students were attending public schools, the construction cost would be $1.1 billion.
Step Up For Students Vice President Jon East acknowledged in an interview that estimates of some cost savings are "speculative." Financial estimates rely on self-reporting from small schools. But because many of the students are clustered in urban areas — about one-fourth are from Miami-Dade County — East sees "some level of confidence" that the program saves money.
East directed us to a news release from a group called Save Our Scholarships. The release praised Reynolds' decision, and East said the comments represented "a wide range of political persuasions." A closer review, though, shows that the range may not be that wide.
John Kirtley is the unpaid chairman of Step Up For Students. He started the voucher program after giving $100,000 to the Republican Party of Florida. One member of Save Our Scholarships is the Hispanic Council for Reform and Educational Options. Its website lists Step Up For Students as a partner. Another member of Save Our Scholarships is the Scrutiny of school vouchers remains off limits - Sun Sentinel:
