MIAMI — The Florida Supreme Court on Thursday threw out the nation's first statewide school voucher program, ruling that it violated the state's constitution by robbing public schools of resources.
Though Florida's Constitution explicitly provides for "a uniform, efficient, safe, secure and high-quality system of free public education," the voucher program enacted under Gov. Jeb Bush "diverts public dollars into separate private systems," Chief Justice Barbara J. Pariente wrote in the 5-2 ruling.
The justices' decision was seized upon by opponents of vouchers as a precedent of national import on the controversial issue, but discounted by proponents, who said its impact would be limited.
Known as the "Opportunity Scholarship Program," the Florida vouchers have been offered since 1999. About 700 schoolchildren across Florida receive the vouchers, which allow them to attend private or religious schools if their public school is classified as "failing" by the state. Two other voucher programs involving far more Florida children were untouched by Thursday's ruling.
The court ruled that in addition to undermining the public-school mandate, the vouchers support private schools that are not "uniform" when compared with each other or the public schools.
Among those who welcomed the ruling was Mark Egan, director of federal affairs at the National Assn. of School Boards, an organization that represents public school boards. Florida currently has the only statewide program, he said, and it "has been the spotlight voucher program for years."
"We think that vouchers undermine public education, and drain dollars from the public schools," Egan said. "They also create double standards of accountability. Public schools are accountable to the public. Private schools are not."
The governor of Florida called the ruling "a sad day for accountability in our state." Bush promoted the use of vouchers as a key tool in his campaign to force Florida's public schools to perform better or risk losing pupils and funds.
He told reporters in Tallahassee that he would look for ways to continue the voucher program, including private funding and amending the state constitution.
"School choice is as American as apple pie in my opinion," Bush said. "The world is made richer and fuller and more vibrant when you have choices."
