| The Florida Constitution has received its share of attention during the spring legislative session as lawmakers seek to revert school board elections to partisan affairs. The constitution says the boards shall be nonpartisan, so the House and Senate have proposed resolutions to put the matter before voters as an amendment. In other areas, though, some observers have pointed out a seeming disconnect between what the constitution says and what the lawmakers are doing.
— Jeffrey S. Solochek, jsolochek@tampabay.com |
| Let the courts decide? When legislative intent seems to conflict with the Florida Constitution. |
| In 1998, Florida voters declared public education to be a "fundamental value" of the state. As such, they determined that it would be a "paramount duty" to provide for the education of all children in the state. To get there, the constitution reads, "Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require."
Note the operative term in there — "system of free public schools."
It's a concept that Republican leaders have challenged in their discussions about expanding private school vouchers and creating education savings accounts. They argue, much as Gov. Ron DeSantis did in 2019, that if the taxpayer is paying for the education, it's public education.
Here's how House PreK-12 Education Appropriations chairperson Rep. Josie Tomkow, R-Polk City, put it during final floor debate on HB 1: "We in Florida will continue to empower the student, not the system." Education and Employment chairperson Rep. Ralph Massullo, R-Lecanto, followed by stating that the current leadership philosophy isn't about public education as much as it is about educating the public. "Some of us believe that parents should have the right to direct the education of the child no matter what. They should have the freedom to do that," Massullo said. "And others believe that we should have a state system and make sure that that system is such that it accommodates each and every child. That doesn't work in today's world." They've faced questions from some parents and Democrats about how the voucher plan will provide access to a uniform, high quality education for all when many private options cost more than what the state pays per student in public schools that they might wish to leave. The answer has remained steadfast, that it's students over systems, and every parent deserves a choice. There's been similar constitutional conversation over bills aiming to change the rules for teacher and other public employee unions. Several bill opponents have suggested that the provision requiring 60% of eligible workers to become members for a union to keep its certification runs afoul of the constitution's right to work section. It states: "The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged." The bill's Senate sponsor, Spring Hill Republican Sen. Blaise Ingoglia, said nothing would change a person's right to not be a union member. But raising the membership threshold to 60% from the current 50% "forces more people to be involved in the union," Ingoglia said during committee debate on the measure. Some have contended that forcing workers to be involved through membership is akin to requiring them to join, particularly if not attaining 60% would result in decertification of the union. If no organization is in place to negotiate contracts for the employees, they ask, how does that not abridge their right to collective bargaining? Ingoglia and other Republican lawmakers insisted it does not, saying they seek only to provide more transparency into union operations. "If the unions are doing so much good for you ... I can't imagine how it would lead to decertification," said Sen. Jim Boyd, R-Bradenton. The bills continue to move through the Legislature. The constitutional questions might require courts for a final answer. |
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