Lawsuit a-coming?

Two key Florida education groups are considering filing suit against the state Legislature in the wake of education budget cuts.

"We have been looking at it for a while," Florida Education Association spokesman Mark Pudlow told the Gradebook this morning, adding that a decision will be made in the next few weeks. "But certainly what happened this year and what we anticipate will happen next year fans the flames."

What happened this year was $332-million in cuts statewide. What'll happen next year doesn't look good, either. And why all that might point to a lawsuit is language in the Florida Constitution that says, among other things, that the state must make "adequate provision" for a "high quality system of free public schools."

The FEA isn't alone. The Florida School Boards Association is talking about a lawsuit, too.

"We're going to do something," FSBA executive director Wayne Blanton told the Gradebook, explaining that he has a committee exploring options. "My Board of Directors meets June 11. I'm sure it will be on the agenda."

The response from a key lawmaker: The constitutional language regarding education is "serious words, but there's not a number attached," said Sen. Don Gaetz, R-Niceville and chair of the senate education committee. "The 1.8 cut (in education) is a real cut," he continued, but "I don't think it's as bad or as deep as some had feared."

- Ron Matus, state education reporter, and Jeff Solochek

Comments

[Let's celebrate]

Can you believe it? It is teacher appreciation week. We just appreciate you so much!

Since when is Gaetz a "key" law maker?

[Ann E. Mouse]

How about a lawsuit against Gov. Crist? He promised to "hold education harmless". He should have vetoed the budget!

This is just pr bs, and isn't going anywhere. They don't have the "truckliness" to sue.

They absolutely should sue. While as Gaetz points out, the constitution does not stipulate a dollar figure I could easily see an activist judge deciding that they need to make a statement to the Legislature to spend more on education. Don't forget they are pretty irked that their courts budgets are suffering. I think it is a smart move on behalf of the school board's association. What do they have to lose?

[Just Do It]

Protect our kids.

The legislature won't.

[jt]

The teachers contract needs to be looked at completely, not just the salary. why is the no strike clause in this contract? just the threat of a teacher strike would shake the money from tallahassee. not to mention the politicians that would want to fix this issue prior to their term being up. teachers you need to check with your union reps and question the entire contract and who it is in place to protect.

[terminator]

yeah sure guys.
how's that going to work when the legislature had to cut $5 billion from the state budget this year and it will be as bad if not WORSE next year as sales tax/doc stamp tax revenues continue to plummet below anticipated levels.
the wording in the state constitution is just that "wording" that doesn't have the legs to stand in any court of competent jurisdiction.
Both FEA and FSBA are blowing smoke.
There's going to be continued bloodletting before we get to the bottom of this recession.
The only relief for taxpayers is this November when you can throw all the bums out!
Now will Floriduh voters be smart enough?
Nah, didn't think so.

terminator, terminator, terminator.

The words in the Constitution don't mean anything? Tell that to Marion Hammer. It was nice knowing you.

The Legislature's power only comes because of those words in the Constitution. Their laws stand below the mere words in the Constitution. The Constitution creates three co-equal branches of government. The judicial branch is to interpret the laws of the Legislative but also to make sure that the Legislature fulfills its Constitutional duties. They have not.

The Legislature did not HAVE to cut $5 billion from the budget. They could have made the Florida corporate tax system fairer for Florida companies by stopping the practice of multistate companies of claiming that all of their profits come in Deleware even if most of their revenues are in Florida. They could have done many many things, but Marco's brain was too small for anything but one. Cutting. Well, it is too bad that he didn't bother to read the Constitution because now someone else will be doing his job for him.

I love how you insult and discredit your employer (the FEA). I think that you may want to figure out what job you will be failing at next.

I thought we lived in a country where the rule of law was an important thing. I guess Termie prefers a system where individuals do not have any rights. Given how many dozens of constitutional amendments that his "buddy" has supported in the last five months, I guess I can understand that neither he nor his "buddy" have much regard for the Constitution.

[terminator]

4:33 and 6:48
Having worked in Tallahassee for a number of years at DOE, I'm well aware of the language.
Point is, it has no teeth. Can you put a number on what "high quality" is?
Beauty is in the eye of the beholder.
That definition may differ quite a bit from one person to another.
Remember when Slick Willie Clinton was in the midst of the Monica Lewinsky scandal and was asked if he had had sex with that woman?
Bill's response was classic. How do you define sex he said?
What we have here is a matter of semantics. While it sounds nice and rosy (will provide a high quality education), the language (legally speaking) doesn't really amount to a hill of beans.
And I don't work for FEA. I'm a local union rep.

OK. There's no teeth in the Constitution, so I guess that the laws passed by the Legislature are equally (or actually even less) meaningful since they depend on the Constitution.

You still need to find a new job to fail at after the current one. Failed teacher, failed school administrator, failed DOE employee, and now a self loathing union rep. follwed by what?

I guess President Clinton would have to ask "is" you a failure or "is" you a failure?

I think you "is" a failure.

[terminator]

me thinks you may be a little jealous of termie!
I know too much.

Anything can be challenged in court, such is the American way.
I have done extensive studies on school funding formulas from around the country and to the contrary Florida's system is one of the best and has withstood judicial scrutiny on numerous occasions over the years (since the mid 70's) to be precise.
That would be a tough road to hoe especially for a state mired in a prolonged economic recession.
What's that old song: "wishing upon a star"?
That's what you're doing bub!

[Ray]

With the current budget cuts we, Florida, now ranks last in per pupil spending. We have over 6 billion in trust reserves we could have used to soften this blow. The legislative response, forget about it! Teachers are losing their jobs left and right.There will be no raises this year or next. College students don't start your career here. The pay stinks and the state still considers this job non-risk which means you will only receive 48% of you salary at retirement. That is the lowest in the southeast! In short, this state ranks teachers and students at the bottom of their priority list. Lobbyists and special interest groups are at the top. Is the sunshine worth all this teachers? Thank you.

Dear termie,

You know very little.

The formula being tested versus other states is over one issue . . . equity. The FEFP is one of the most equitable distribution systems in the entire country. True.

However, the Florida Constitution requires much more than just equity.

It REQUIRES a "high quality system of free public schools." It creates a "paramount duty" of the legislature to provide adequate funding. (This is the only "paramount duty" created by the Florida Constitution.) It requires class sizes to be reduced to 18, 22 and 25 and until class sizes reach the caps that the Legislature must provide enough funding to reduce class sizes over the caps by two students per year. CSR must be funded by GR and and local property taxes. CSR costs $600 million as an increase each year, but this year the Legislature didn't provide nearly that amount.

I think that you need to learn a lot about our state. Maybe if you live here anouther fifty years, you will actually know something about it.

I am just as jealous of you as you are of Charlie.

Have a great day!

[terminator]

10:23
all of your argument merely consists of a recitation of the language in the Florida constitution.
You make no rational points to substantiate your argument.
OK Mr. Lawyer, how do you intend to prove the current system isn't "high quality" especially when according to national rankings Florida's K-12 has improved while spending less money?
I think you know termie's right. You should give it a rest.
I'm not jealous of Charlie. I happened to know what a fake and a fraud the guy is since I worked with him in Tallahassee.
If you've noticed his popularity ratings in the polls have gone from high 70's into low 50's/high 40's.
Obviously Florida voters are catching on to what termie knew all along.
Just wait for next year if you thought this year was ugly!

Let's review "what termie knew all along."

Termie knew that the school boards would never sue the Legislature, the State Board of Education or the FSE over the existence of the FSE or over the inadequacy of funding because they didn't have the guts to do it. WRONG!

Termie knew that Marco would never pass the Senate version of the property tax amendment in October. WRONG!

I could go on, but the point is that what termie "knows" is always . . . WRONG!

As to how do I prove that the system isn't high quality, the Constitution provides the proof. You see that document actually defines high quality as having provided for smaller class sizes and says how that must be done (by providing general revenue increases that are enough to reduce class sizes by 2 each year). It wasn't done.