Teachers’ union: Florida voucher system violates state constitution

TALLAHASSEE, Fla. - Florida’s largest teachers’ union is taking the state to court, arguing its rapidly growing school voucher program is draining resources from public schools and violating the state constitution.

Florida teachers’ union sues over school voucher program

The Florida Education Association filed the lawsuit Tuesday, claiming the state is failing its duty to provide a "uniform, efficient, safe, secure, and high-quality system of free public schools" by redirecting billions in public education dollars to private and charter schools.

What they're saying:

FEA President Andrew Spar said the lawsuit is a last resort after years of concerns about funding and accountability.

"As a parent, I have experienced the amazing work of our educators in public schools," Spar said during a press conference in Tallahassee. "But I have personally witnessed the impact of this current crisis, a crisis created by bad policy, underfunding, and failed leadership."

Spar says public schools can't afford to retain quality educators because of budget shortfalls, and it's led to significant cuts in programming, course offerings, and consistency in the classroom. 

The union says nearly $5 billion in taxpayer funds are being sent to private and charter schools through the Family Empowerment Scholarship program.

Supporters of the lawsuit argue those schools are not held to the same standards or oversight as traditional public schools, and that by diverting funds their way, public schools are left with fewer resources to operate.

Miami public school student Lucia Bring Castro said the impact is being felt in classrooms.

"Our resources are already spread thin, and now they are being decimated. The American Dream we are all promised is rooted in public education. Universal access to education serves as a powerful machine for social mobility," she said. "When we remove funds from public education, we are essentially telling millions across our state that they are not good enough for that dream."

Oversight concerns

The lawsuit follows growing scrutiny of Florida’s voucher system. A recent audit found the state had trouble tracking hundreds of millions in voucher funding and tens of thousands of students using the program.

"The administration and oversight of State education funding for the 2024-25 school year was met with a myriad of accountability challenges that left a Statewide funding shortfall and a system where funding did not follow the child," state auditors wrote. 

The audit also raised concerns about overpayments and a lack of controls to verify where students receiving voucher funds were being educated.

Sen. Don Gaetz, R-Niceville, filed a proposal in response aimed at improved "transparency and efficiency" in Florida’s school-voucher system. The bill (SB 318) included steps such as separating funding for what is known as the Family Empowerment Scholarship voucher program from money that goes to public schools.

It also called for a quarterly verification system to check student eligibility before payments were sent out. Gaetz said $100 million that should have gone to public schools last year was instead used to pay for scholarships.

Lawmakers considered the bipartisan measure this year. The bill passed the Senate, but the proposal was ultimately abandoned by the House.

What we don't know:

It is not yet clear how quickly the lawsuit will move through the courts, or whether lawmakers will revisit voucher oversight during future budget negotiations.