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Voucher battles move into the courts

A pair of lawsuits challenging the program begin their long journeys through the legal system.

By SHELBY OPPEL

© St. Petersburg Times, published February 24, 2000


TALLAHASSEE -- The legal battle over school vouchers enters a Leon County courtroom today, coinciding with other attempts to derail the controversial program.

Florida's two teacher unions, the NAACP and the Florida PTA are among groups suing to stop the state from giving taxpayer dollars to students at low-ranked public schools for use in paying tuition at private schools. Pinellas County School Board member Linda Lerner is also a plaintiff.

The lawsuit claims using taxpayer dollars to pay for private schools violates the state Constitution, which calls for a "uniform" system of public education.

No matter who wins, today's hearing before Circuit Court Judge L. Ralph Smith Jr. is only the first round in a fight that may be decided by the U.S. Supreme Court.

"We're going to be living with this case for a while," said Jay Lefkowitz, a Washington, D.C., attorney hired by Gov. Jeb Bush to defend the voucher program.

Meanwhile, Democratic lawmakers held back-to-back news conferences in the state Capitol on Wednesday to launch further attacks on Bush's A-to-F school grading system, the basis of the voucher program.

State Reps. Bob Henriquez of Tampa, DeeDee Ritchie of Pensacola, and Doug Wiles of St. Augustine touted a bill they say would "fix" the grading plan. The proposal would reduce the weight given to standardized test scores in determining school grades and send more money to low-ranked schools for improvements.

"We are taking (Bush) at his word," Henriquez said. "He said work with us rather than sue us."

A few steps away in the Capitol, state Sen. Mandy Dawson, D-Fort Lauderdale, decided to sue. Dawson announced a lawsuit against Bush over the grading plan itself, claiming Bush's grades discriminate against Hispanic and Haitian students who enter Florida skills with limited or no English skills.

Many schools that received F grades enroll high numbers of immigrant students, who were not eligible for bonus dollars given to A-rated schools.

Low-ranked schools also receive extra funding under Bush's plan. But awarding bonuses to schools that don't have large immigrant populations is discriminatory, the suit alleges.

Dawson, along with U.S. Rep. Alcee Hastings of Miramar, sued Wednesday in Broward County Circuit Court on behalf of a number of parents and students. Immigrant students who don't receive adequate help to achieve academic success have become "political prisoners of war," Dawson said.

"If we're going to fight a war on illiteracy, then we'd like all of our children to be given M-16s and leave the water pistols at home."

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