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Senate plan could salvage private school vouchers

Despite having its defeat all but sealed on Monday, a slim hope remains for Gov. Bush's constitutional amendment to allow Opportunity Scholarships.

By LETITIA STEIN
Published May 5, 2006

TALLAHASSEE - The one private-school voucher program struck down by a court could be salvaged by a plan passed Thursday in the Florida Senate.

The narrow fix for the nation's first statewide voucher program falls far short of Gov. Jeb Bush's desire to ask voters to rewrite the Constitution to make allowances for private-school vouchers.

But it may be all supporters can muster in the Senate.

The House, which would also have to approve the measure, has not yet seen it. Speaker Allan Bense, R-Panama City, wanted to review the plan.

"I hope it works. I'm not sure that's the ultimate fix," said Bense, who preferred a constitutional amendment. "I suspect it would be challenged" in court.

Under the Senate bill, Opportunity Scholarships would be restructured so the funding comes not from state revenues but from donations made by private companies that receive income tax credits in exchange. The funding mechanism is already used in another voucher program.

With lawmakers hoping to wrap up work today, a slim hope remains for Bush's constitutional amendment. The Senate's GOP leaders have kept it in play, even after four Republican senators all but sealed its defeat Monday night in a chamber sidetracked by internal bickering.

In January, the Florida Supreme Court threw out Bush's Opportunity Scholarships. The court ruled that it diverted public money to private and religious schools in violation of the state Constitution.

The Senate's restructuring of Opportunity Scholarships would create a separate account to collect the corporate tax dollars. The goal: Draw a clear line between state money for public schools and the money used for vouchers.

This solution won approval from the four Republican senators who previously voted against the broader constitutional amendment. They were Dennis Jones, R-Treasure Island; Nancy Argenziano, R-Dunnellon; Evelyn Lynn, R-Ormond Beach; and Alex Villalobos, R-Miami.

The Senate passed it without debate. Sen. Ron Klein, D-Delray Beach, objected to the funding mechanism. "Bad idea, bad precedent," he said.

Like the Opportunity Scholarships, the program would remain tailored to students from failing schools. Unlike today's system, the public schools they are leaving would not lose state funding.

Some say it doesn't do enough. Those who want to see a constitutional amendment say the court ruling has jeopardized the vouchers received by 30,000 students in Florida. About 740 receive Opportunity Scholarships, the smallest of the state's three voucher programs.

"It's helpful," Bush said of the legislative remedy. "Obviously, that fix combined with a chance to go to the voters and make our case, I think, would be the best approach. I don't know if that's going to happen or not."

Both chambers of the Legislature on Thursday passed legislation to add accountability to voucher programs. It requires criminal background checks for employees and greater financial scrutiny of the programs.

- Letitia Stein can be reached at lstein@sptimes.com or (850) 224-7263.

[Last modified May 5, 2006, 10:01:16]