Schoolhouse Consulting Group brings us up to date with federal and state education actions. Their take on the U.S. Supreme Court’s decision is less certain than the NEA’s. No doubt there are members of the Florida Constitutional Revision Commission who will use this decision to attack the Blaine Amendment. Voters will have to decide if they want public money to cover vouchers to private schools. Of course it indirectly does now through the tax credit scholarships. At some point citizens have to decide if all those standards and tests required for public schools should be required for private schools. What’s the expression? Isn’t it ‘What’s good for the goose is good for the gander’?
Here’s the summary from Schoolhouse:
The U.S. Supreme Court today overturned a Missouri law that could have ramifications for Florida’s Constitutional prohibition of state or local funds being used directly or indirectly in the aid of any church, religious denomination or sectarian institution, the so-called “Blaine Amendment.”
The 7-2 ruling case involves denial of state funds to a church as a grant to use shredded scrap material from tires for its playground. The high court ruled the Missouri Blaine Amendment language violates the First Amendment of the U.S. Constitution. The ruling can be viewed here.
In Florida, efforts to create scholarships or vouchers for students to attend sectarian schools began in 1999 with passage of the A+ Plan. A 2006 Florida Supreme Court decision ruled “opportunity scholarships” unconstitutional, but not based on Article 1, section 3. In 2012, voters defeated (44.5 “yes” vote with 60% needed to be adopted) Amendment 8 that read: (Article 1, Section 3) There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace, or safety. No individual or entity may be discriminated against or barred from receiving funding on the basis of religious identity or belief. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. Underlined wording was new and strike-though language would have been removed.
Both U.S. Education Secretary Betsy deVos and former Florida Gov. Jeb Bush were quick to hail the ruling. For Florida, it will likely lend support to a renewed effort to put something similar to Amendment 8 on the 2018 ballot, either through the Legislature or Constitutional Revision Commission. It may also spur some in Congress to re-open Every Student Succeeds Act (ESSA) and seek a scholarship/voucher-like program in the coming months. In addition to Florida and Missouri, 37 other states have similar constitutional language.
Governor Rick Scott has now signed nearly all education bills that passed the regular and special sessions. Today, of note, he signed HB3A which is the special session bill appropriating an additional $100/students in the Florida Education Finance program. He also signed:
HB 0015 Relating to Educational Options (Sullivan) – expanded Gardiner and Florida Tax Credit scholarships
HB 0781 Relating to Designation of School Grades (Porter) – defined how school centers having grades K-3 will be graded
HB 0899 Relating to Comprehensive Transitional Education Programs (Stevenson) – Authorizes Agency for Persons with Disabilities to petition for appointment of receiver for comprehensive transitional education program
HB 0989 Relating to Instructional Materials (Donalds) – clarifies right of parents and residents to provide input to district selection/adoption of instructional materials and sets appeals process to be conducted by a hearing officer
HB 1079 Relating to Pub. Rec. and Meetings/Campus Emergency Response for Public Postsecondary Educational Institutions (Rommel) – Provides exemption from public records requirements for specified portions of campus emergency response for public postsecondary educational institutions;
HB 1109 Relating to Private School Student Participation in Extracurricular Activities (Antone) – allows students at non-FHSAA schools to be eligible to play for local FHSAA schools
HB 1239 Relating to School Bus Safety (Eagle) -Provides for mandatory noncriminal penalties, fine, driver license suspension, & driver license points for certain violations resulting in serious bodily injury to/death of another person.