Why Florida’s school-choice lawsuit is unlikely to succeed

AS PUBLISHED IN THE MIAMI HERALD

An op-ed by Tripp Scott CEO Ed Pozzuoli

The Florida Education Association, joined by a group of parents, has filed suit challenging the constitutionality of the state’s school-choice programs, including Family Empowerment Scholarships and the charter-school system. The plaintiffs contend that these programs violate Article IX of the Florida Constitution, which guarantees a “uniform” system of free public schools, by creating a parallel structure and diverting funds from traditional districts.

These claims are familiar. They have been raised before, and they face the same fundamental obstacle now: The Constitution does not prohibit the Legislature from expanding educational options beyond the traditional public-school model...

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