Florida Education Association files lawsuit over universal vouchers, citing constitutional standards

FLORIDA – A group of parents, students, educators, school board members and civil rights organizations has had enough, and now they’re taking the fight to court.

The Florida Education Association (FEA) and individual parents filed a lawsuit Tuesday against the Florida Department of Education, arguing the state has turned its back on its own constitutional promise to provide every child with a quality public education.

The Florida Constitution calls for a “uniform, efficient, safe, secure, and high-quality system of free public schools.” But according to the plaintiffs, that’s simply not what Florida students are getting.

The suit names Education Commissioner Anastasios Kamoutsas, the State Board of Education and its individual members as defendants. At its core, the lawsuit argues that schools receiving taxpayer dollars aren’t being held to the same standards, oversight or accountability as traditional public schools — and Florida’s kids are paying the price.

According to the FEA, the impact of the “non-uniform system cannot be ignored”:

• Approximately $5 billion a year in public tax dollars are being redirected from traditional public schools to charter and voucher systems — many of which are run by out-of-state, for-profit management companies.
• Nearly a quarter of the state’s education budget flows to voucher programs that, most of the time, serve students who were already enrolled in private school.
• Florida ranks dead last — 50th in the nation — in average teacher salary, with more than 60% of education staff professionals earning less than $35,000 a year.
• Florida ranks 41st in the nation in per-student funding, a number that hasn’t kept pace with inflation.

FEA President Andrew Spar made clear the organization didn’t arrive at this decision lightly. For years, the FEA said it has worked alongside lawmakers to address growing concerns from parents, educators and even the state auditor general. But after repeated setbacks, Spar said the courts are the only path left.

“Parents want the best education for their children. The overwhelming majority of parents see public schools as the best place to get that education and for good reason — they are the places where qualified educators help inspire students to be their best selves each and every day, and they are doing a fantastic job of welcoming every child in the state regardless of need,” said Andrew Spar, President of the Florida Education Association. “We have spent years working with lawmakers to address the concerns of parents, educators and now, even the state auditor general regarding the inconsistencies in Florida’s non-uniform education system. But once again, lawmakers have let down Florida’s students and families, and we are left with no choice but to turn to the courts. With this lawsuit we are simply asking for accountability, transparency and a basic set of educational standards, which is what every parent wants – regardless of where they choose to send their children. Floridians have made it clear we should be strengthening not abandoning our public schools.”

Not everyone sees it that way. Education Commissioner Anastasios Kamoutsas wasted no time defending Florida’s school choice program, taking to social media shortly after the lawsuit was announced.

“Thanks to @GovRonDeSantis, every Florida family has access to universal school choice, empowering them to select the learning environment that best fits their child’s individual needs,” Kamoutsas wrote on X, formerly Twitter.

“We stand unapologetically convicted on the principle of always putting students first!” he added.