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Schools

Legislature crafts plan to keep school vouchers

By JONI JAMES
Published January 7, 2006

TALLAHASSEE - A day after the Florida Supreme Court struck down one of Gov. Jeb Bush's private school voucher programs, a two-pronged strategy to save it began emerging in the Republican-led state Legislature.

The first step: Switch the program's funding, at least in the short-term, from state tax dollars to private contributions collected under a corporate tax exemption that currently funds another voucher program. The second step: Ask Florida voters in November to rewrite the state Constitution so tax dollars can go to private school vouchers.

The strategy mirrors one that Bush's staff began developing last year just in case the court struck down the signature component of his 1999 education reform, which provides vouchers to students at public schools the state says are failing.

Under the Opportunity Scholarship program, money for the vouchers comes directly out of the state's contribution to local school districts. With 733 participants, it is the smallest of three statewide voucher programs, and the only one directly affected by Thursday's ruling.

"There is a strong appetite to move forward and fix this," said House Education Council chairman, Rep. Dennis Baxley, R-Ocala.

In a 5-2 vote Thursday, with Bush's only two appointees to the bench dissenting, the court ruled the vouchers violated a provision in the state Constitution requiring the state to offer a "uniform system of free public schools."

The court noted private schools aren't required to meet the same standards as public schools - such as participating in FCAT testing. Without such requirements, the court said, private and public schools cannot be a "uniform" system.

The court delayed the impact of its ruling until the 2006-07 school year to avoid disrupting any child's education.

It was a clear defeat for Bush, who made the voucher system a key component of the Bush-Brogan A+ Plan.

But as early as October, Bush was planning for defeat. Internal memorandums outline a legislative proposal for what amounts to a funding shell game. Rather than directly use state tax dollars, Bush's staff looked at using a corporate tax-credit system in which companies could contribute to a voucher program instead of paying corporate income taxes.

Such a system is already used in the voucher program for low-income students. Under the Corporate Income Tax Credit Scholarship, businesses receive a dollar-for-dollar tax deduction for money they contribute. Bush's team looked at expanding that funding mechanism for use on another voucher programs, the McKay Scholarship program for disabled students, which currently uses money directly from the state.

Because the money in the tax-credit system never technically flows to state coffers, school choice advocates believe it wouldn't violate Florida's Constitution.

"I think that is a potentially important distinction," said Clark Neily, senior attorney for Institute for Justice, an Arlington, Va., group that has advocated for Florida voucher recipients. "In the literal sense of the word, (the money) was never sent to the government."

However, the concept has never been tested in court. Teacher-union attorney Ron Meyer of Tallahassee believes the tax-credit approach might be just as vulnerable under the Constitution. Fresh from Thursday's victory, his clients, including the Florida Education Association, are contemplating whether to challenge the remaining voucher programs, which serve 30,000 students annually.

But a legal challenge would take months or years to resolve. Voucher advocates hope any ruling would come long after lawmakers asked voters to rewrite the state Constitution to specifically permit private school vouchers.

Whether the lawmakers will cooperate is unclear. Several Senate Republicans have a history of being lukewarm to vouchers. And placing an amendment on the November ballot would require support from 24 of the Senate's 26 Republicans. In the House, where 72 votes would be needed, there are 84 Republicans.

In an election year, Bush could have a strong ally in Senate President Tom Lee of Valrico. A strong push by Lee, a candidate for chief financial officer, could blunt the provoucher credentials of his Republican primary opponent, Rep. Randy Johnson of Celebration.

Joni James can be reached at 850 224-7263 or jjames@sptimes.com

[Last modified January 7, 2006, 01:15:51]