Florida Supreme Court declares vouchers unconstitutional



 Religions > Atheism > Florida Supreme Court declares vouchers unconstitutional

LINK TO THIS PAGE  


rating :  0   |  0


  Page 1 of 2

1

 

2

 
Topic: Religions > Atheism
User: ""
Date: 06 Jan 2006 12:33:25 PM
Object: Florida Supreme Court declares vouchers unconstitutional
Florida Supreme Court declares vouchers unconstitutional
http://www.gainesville.com/apps/pbcs.dll/article?AID=/20060105/APN/601050768
Gainesville Sun - Gainesville,FL,USA
.... 1999 law previously had been ruled unconstitutional by the 1st
District Court of Appeal on grounds that it violated the separation of
church and state in the ...
**************************************************************
Posting and reading from alt.politics.usa.constitution OR alt.education
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS · Hampton Roads [Virginia] SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
[Its not just Hampton Roads folks who are members, there are members from
all over the U.S. and a couple from overseas as well]
***************************************************************
.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
****************************************************************
.

User: "Dana"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 06 Jan 2006 03:00:47 PM
<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...

Florida Supreme Court declares vouchers unconstitutional

The USSC has already ruled vouchers do not violate the Constitution.
Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.
.
User: "Bob LeChevalier"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 06 Jan 2006 11:12:20 PM
"Dana" <whoya@whoya.com> wrote:

<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...

Florida Supreme Court declares vouchers unconstitutional


The USSC has already ruled vouchers do not violate the Constitution.

The USSC ruled that one particular voucher program did not violate the
Federal Constitution.
The Florida Supreme Court ruled that voucher violate the Florida
Constitution, which more clearly prohibits such things

Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.

Since the grounds under which it was ruled unconstitutional have
nothing to do with the Federal constitution nor with Federal law,
there is probably no basis for appealing the case to the Federal
courts.
lojbab
.
User: "Mickey"

Title: Re: Florida Supreme Court declares vouchers unconstitutional andthey are wrong again 07 Jan 2006 01:23:48 AM
Bob LeChevalier wrote:

"Dana" <whoya@whoya.com> wrote:

<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...

Florida Supreme Court declares vouchers unconstitutional


The USSC has already ruled vouchers do not violate the Constitution.



The USSC ruled that one particular voucher program did not violate the
Federal Constitution.

The Florida Supreme Court ruled that voucher violate the Florida
Constitution, which more clearly prohibits such things


Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.



Since the grounds under which it was ruled unconstitutional have
nothing to do with the Federal constitution nor with Federal law,
there is probably no basis for appealing the case to the Federal
courts.

lojbab

Question Bob, if the Florida Supremes were to have "interpreted" the
Florida Constitution in such a way as to make it run afoul of the U.S.
Constitution, wouldn't there be grounds for appeal to SCOTUS? They do
have a long history of run-ins and remands. Have you or anyone else
looked at the case enough to determine whether there might be a Federal
issue in question?
(Tongue in cheek) The Commerce clause has been stretched to argue nearly
everything else under the sun, why not vouchers?
.
User: ""

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 07 Jan 2006 07:32:48 AM
Mickey <mickey_and_edith@nomorephishsbcglobal.net> wrote:

:|Question Bob, if the Florida Supremes were to have "interpreted" the
:|Florida Constitution in such a way as to make it run afoul of the U.S.
:|Constitution, wouldn't there be grounds for appeal to SCOTUS? They do
:|have a long history of run-ins and remands. Have you or anyone else
:|looked at the case enough to determine whether there might be a Federal
:|issue in question?
:|
:|(Tongue in cheek) The Commerce clause has been stretched to argue nearly
:|everything else under the sun, why not vouchers?

CONSTITUTION OF THE STATE OF FLORIDA
(as revised in 1968 and amended to 1975)
PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to
secure its benefits, perfect our government, insure
domestic tranquility, maintain public order, and guarantee
equal civil and political rights to all, do ordain and
establish this constitution.
ARTICLE I
DECLARATION OF RIGHTS
Sec. 3. There shall be no law respecting the establishment of relig-
ion or prohibiting or penalizing the free exercise thereof.
Religious freedom shall not justify practices inconsistent
with public morals, peace or safety. No revenue of the state
or any political subdivision or agency thereof shall ever be
taken from the public treasury directly or indirectly in aid
of any church, sect, or religious denomination or in aid of
any sectarian institution.
http://www.harbornet.com/rights/florida.txt
*******************************************************************************
ARTICLE I -- Declaration of Rights
Sec. 3. Religious freedom.
There shall be no law respecting the establishment of religion or
prohibiting or penalizing the free exercise thereof. Religious freedom
shall not justify practices inconsistent with public morals, peace or
safety. No revenue of the state or any political subdivision or agency
thereof shall ever be taken from the public treasury directly or indirectly
in aid of any church, sect, or religious denomination or in aid of any
sectarian institution.
Relying on Employment Division v. Smith, the appellate court held in State
of Honda, Dep't of Legal Affairs v. Jackson, 576 So. 2d 864 (Fla. App.
1991), that free exercise claims cannot bar enforcement of laws which are
neutrally applied and are directed at conduct, rather than belief; have a
secular purpose and effect; and are justified by government interest in
health, safety and welfare of the citizens.
Hermanson v. State, 570 So. 2d 322 (Fla. App. 1990), followed Employment
Division v. Smith in holding that neither the First Amendment nor Art. I, §
3 barred the state from prosecuting parents for murder for failing to
provide their children with necessary medical care based on sincerely-held
religious beliefs. But see Rogers v. Rogers, 490 So. 2d 1017 (Fla. App.
1986) (Court may not base custody on requirement that parent sever all ties
with a religious organization alleged to practice brainwashing.)
The board of trustees of a public school district does not violate § 3 when
it permits as a "reasonable assembly" a religious organization to
temporarily use a school building as a house of worship. O'Hara v. The
School Board of Sarasota County, 432 So. 2d 1356 (Fla. App. 1983),
following Southside Estates Baptist Church v. Bd. of Trustees, 115 So. 2d
697 (Fla. 1959).
ARTICLE VII—Finance and Taxation
Sec. 3. Taxes; exemptions.
(a) All property owned by a municipality and used exclusively by it
for municipal or public purposes shall be exempt from taxation. A
municipality, owning property outside the municipality, may be required by
general law to make payment to the taxing unit in which the property is
located. Such portions of property as are used predominantly for
educational, literary, scientific, religious or charitable purposes may be
exempted by general law from taxation.
This section is strictly construed because taxation is the rule and
exemptions the exception. Daytona Beach Racing and Rec. Facilities Dist. v.
Paul, 157 So. 2d 156 (Fla. pp. 1963). But see Johnson v. Presbyterian Homes
of Synod of FLA., Inc., 2 9 So. 2d 256 (Fla. 1970) (where tax-exemption of
a nursing home operated by a church was upheld).
ARTICLE IX—Education
Sec. 6. State school fund
The income derived from the state school fund shall, and the
principle of the fund may, be appropriated, but only to the support and
maintenance of free public schools.
ARTICLE X—Miscellaneous
Sec. 2. Militia.
(a) The militia shall be composed of all able-bodied inhabitants of
the state who are or have declared their intention to become citizens of
the United States; and no person because of religious creed or opinion
shall be exempted from military duty except upon conditions provided by
law.
Additional resource: Clifford C. Alloway & Richard B. Knight,
Freedom of speech, press, assembly, and religion, trends in Florida
constitutional law, 16 U.Miami L.Rev. 685 (1962).
SOURCE: Stars in the Constitutional Constellation. Federal and State
Contitutional Provisions on Church and State, Annotated by Steven K, Green,
Esq. Edited by Regina Reaves Hayden, Americnas United Reserach Foundation,
pp, 24-25, (1993)
****************************************************************************************
http://www.aclu.org/religion/vouchers/16379prs20041112.html
ACLU Applauds Appeals Court Decision Striking Down Florida School Voucher
Program (11/12/2004)
FOR IMMEDIATE RELEASE
Contact:

MIAMI - The American Civil Liberties Union of Florida today hailed a state
court ruling that the state's school voucher program is unconstitutional
because it allows tax dollars to be spent on religious schools.
"Governor Jeb Bush can no longer ignore the Florida Constitution and
continue to divert much-needed state education dollars to church-run
schools," said Howard Simon, Executive Director of the ACLU of Florida,
which was a member of the legal team that filed the lawsuit challenging the
program.
Today's 8-5 decision by the First District Court of Appeals is the third
such ruling against the Florida Opportunity Scholarship Program since it
was established in 1999. In August, a three-judge panel of the state
appeals court found that the voucher scheme violates the "no-aid" provision
of the Florida Constitution, which bans the use of public funds, directly
or indirectly, in support of "any church, sect, or religious denomination
or in aid of any sectarian institution." Bush appealed the earlier ruling
by asking the full appeals court to review the decision.
In 2002, Leon County Circuit Court Judge P. Kevin Davey also ruled that the
program violates the Florida Constitution, which is more restrictive than
the federal ban on government-funded religion. Judge Davey said that
Florida's constitution is "clear and unambiguous" and that the court does
not have the "authority to abandon the clear mandate of the people as
enunciated in the constitution."
Florida's school voucher program was the cornerstone of Bush's 1998
campaign for governor. The program was approved by the legislature to
operate statewide in 1999. Although the voucher program initially started
in Pensacola, it has expanded in recent years to include school districts
across the state.
The case is Bush et al. v. Holmes et al. (No. 1 D02-3160). Plaintiffs
include the Florida NAACP, Florida Congress of Parents and Teachers
(Florida PTA) and parents and students in the public school system in
Pensacola. Lawyers for the plaintiffs include: ACLU of Florida Legal
Director Randall Marshall, national ACLU Legal Director Steve Shapiro,
Ronald G. Meyer, of Tallahassee, and Robert H. Chann, John M. West and
Alice O'Brien, of Washington, D.C.
For a copy of today's decision, go to:
http://www.aclu.org/religion/vouchers/16378lgl20041112.html
*********************************************************************************
Source:
THE LEGAL RESEARCH MANUAL, A Game Plan For Legal Research and Analysis, By
Christopher G. Wren & Jill Robinson Wren, Pages 42-43
http://groups.google.com/group/alt.education/msg/fdc8f7bddf2ed9d0?hl=en&
.

User: "Bob LeChevalier"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 07 Jan 2006 06:06:18 AM
Mickey <mickey_and_edith@nomorephishsbcglobal.net> wrote:

Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.



Since the grounds under which it was ruled unconstitutional have
nothing to do with the Federal constitution nor with Federal law,
there is probably no basis for appealing the case to the Federal
courts.


Question Bob, if the Florida Supremes were to have "interpreted" the
Florida Constitution in such a way as to make it run afoul of the U.S.
Constitution, wouldn't there be grounds for appeal to SCOTUS?

I don't know what is "possible".
In this particular case, I see no such basis - the case wasn't even
decided on church-state, but on the Florida Constitutional requirement
for a uniform public school system. What US Constitutional provision
forbids a uniform public school system?
In the matter of vouchers, more than half the states of the Union have
provisions explicitly forbidding public moneys to go to religious
schools under a voucher program or otherwise. The recent case of
Locke vs Davey 540 US 712 (2004) included a challenge to such a
provision and the court refused that challenge.
http://www.supremecourtus.gov/opinions/03pdf/02-1315.pdf

They do
have a long history of run-ins and remands. Have you or anyone else
looked at the case enough to determine whether there might be a Federal
issue in question?

Since the formal opinion was just released Thursday, aren't you asking
for a lot?
http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-2323/Filed_01-05-2006_Opinion.pdf
<Our inquiry begins with the plain language of the second and third sentences
<of article IX, section 1(a) of the Constitution. The relevant words are these: “It is .
<. . a paramount duty of the state to make adequate provision for the education of all
<children residing within its borders.” Using the same term, “adequate provision,”
<article IX, section 1(a) further states: “Adequate provision shall be made by law
<for a uniform, efficient, safe, secure, and high quality system of free public
<schools.” For reasons expressed more fully below, we find that the OSP violates
<this language. It diverts public dollars into separate private systems parallel to and
<in competition with the free public schools that are the sole means set out in the
<Constitution for the state to provide for the education of Florida’s children. This
<diversion not only reduces money available to the free schools, but also funds
<private schools that are not “uniform” when compared with each other or the
<public system. Many standards imposed by law on the public schools are
<inapplicable to the private schools receiving public monies. In sum, through the
<OSP the state is fostering plural, nonuniform systems of education in direct
<violation of the constitutional mandate for a uniform system of free public schools.
The earlier Florida appeals court decision based on the provision
regarding church-school funding was analyzed to death when it
occurred, including in the newsgroups. This new ruling explicitly
states that they were not even considering that issue, finding the
other constitutional provision sufficient to throw out the program.

(Tongue in cheek) The Commerce clause has been stretched to argue nearly
everything else under the sun, why not vouchers?

Actually, the courts have set considerable limits on the commerce
clause.
lojbab
.



User: "Cary Kittrell"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 06 Jan 2006 03:00:48 PM
In article <11rtm5rs9t4485d@corp.supernews.com> "Dana" <whoya@whoya.com> writes:

<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...

Florida Supreme Court declares vouchers unconstitutional

The USSC has already ruled vouchers do not violate the Constitution.
Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.

First they appoint Gore president in 2000, and now this. Bunch lefties.
Did you actually READ the article, Dana? If so, what part of
"violates the state constitution" escaped you?
-- cary
.
User: "Dana"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 06 Jan 2006 04:19:35 PM
"Cary Kittrell" <cary@afone.as.arizona.edu> wrote in message
news:dpmlq0$iog$1@onion.ccit.arizona.edu...
The only good leftist is a dead one.
Heard your mom is still hooking down in TJ.
.
User: "Cary Kittrell"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 06 Jan 2006 04:22:23 PM
In article writes:


"Cary Kittrell" <cary@afone.as.arizona.edu> wrote in message
news:dpmlq0$iog$1@onion.ccit.arizona.edu...
The only good leftist is a dead one.
Heard your mom is still hooking down in TJ.

I doubt she's getting much business, having been
dead for some forty years now.
Not, I suppose, that this would dampen your
interest.
But pleasantries aside, have you figured out by now
that the "unconstitutional" in the Subject: line
refers to the Florida state constitution, and
not the US Constitution?
If not, may I help?
-- cary
.

User: ""

Title: Dana's latest death wish............ 06 Jan 2006 09:34:07 PM
On Fri, 6 Jan 2006 13:19:35 -0900, "Dana"
<whoya@whoya.com> wrote:

The only good leftist is a dead one.

How about that Coral Gables death, Buttmaster
Tell us about that.

------------------------------------------------------------------------------


alt.personals.black -
Oct 23 1999, 10:47 am by Dana Raffaniello -
1 message - 1 author
White guy looking for black female in Phoenix


.

User: "Gray Shockley"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 07 Jan 2006 05:26:36 AM
On Fri, 6 Jan 2006 16:19:35 -0600, Dana wrote:

The only good leftist is a dead one.
Heard your mom is still hooking down in TJ.

No wonder the Marine Corp kicked you out.
You're worthless, imbecilic and unable to think.
It's no wonder the Marine Corps found you to be totally lacking in
intelligence, morality, leadership ability and sense.
You're a loser.
Gray Shockley
------------------
... a government committed to a policy of
improving the nation by improving the condition
of some of the individuals will eventually run
into trouble in attempting to distinguish between
a national good and a chocolate sundae.
                  - E. B. White
.

User: "Paul Duca"

Title: Re: Florida Supreme Court declares vouchers unconstitutional andthey are wrong again 06 Jan 2006 10:23:11 PM
in article 11rtqpkfp1lge1c@corp.supernews.com, Dana at
wrote
on 1/6/06 5:19 PM:

"Cary Kittrell" <cary@afone.as.arizona.edu> wrote in message
news:dpmlq0$iog$1@onion.ccit.arizona.edu...

The only good leftist is a dead one.
Heard your mom is still hooking down in TJ.


Dana's mom is kept chained in bed and has to beg him for food and
bathroom breaks...
Paul
--
.
User: "stoney"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 07 Jan 2006 07:35:43 PM
On Fri, 06 Jan 2006 23:23:11 -0500, Paul Duca <p.duca@comcast.net> wrote
in alt.atheism

in article 11rtqpkfp1lge1c@corp.supernews.com, Dana at

wrote
on 1/6/06 5:19 PM:

"Cary Kittrell" <cary@afone.as.arizona.edu> wrote in message
news:dpmlq0$iog$1@onion.ccit.arizona.edu...

The only good leftist is a dead one.
Heard your mom is still hooking down in TJ.




Dana's mom is kept chained in bed and has to beg him for food and
bathroom breaks...

Dana mounts her too.
--
Fundies and trolls are cordially invited to
shove a wooden cross up their arses and rotate
at a high rate of speed. I trust you'll
be 'blessed' with a cornucopia of splinters.
.



User: "Gray Shockley"

Title: Re: Florida Supreme Court declares vouchers unconstitutional and they are wrong again 06 Jan 2006 09:29:00 PM
On Fri, 6 Jan 2006 15:00:48 -0600, Cary Kittrell wrote:

In article <11rtm5rs9t4485d@corp.supernews.com> "Dana" <whoya@whoya.com>
writes:

<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...


Florida Supreme Court declares vouchers unconstitutional



The USSC has already ruled vouchers do not violate the Constitution.
Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.



First they appoint Gore president in 2000, and now this. Bunch lefties.


Did you actually READ the article, Dana? If so, what part of
"violates the state constitution" escaped you?



-- cary

That's unimportant.
The crux is that Dana is going to Florida
and slap the Florida Supreme Court.
Late breaking news is that the seven-year-old daughter of one of
the justices was heard saying that she was "Gonna drop that Dana
Dumbass like a bad habit".
- 30 -
.
User: "Paul Duca"

Title: Re: Florida Supreme Court declares vouchers unconstitutional andthey are wrong again 06 Jan 2006 10:31:21 PM
in article 0001HW.BFE4919C0018ADA1F0284550@news.giganews.com, Gray Shockley
at
wrote on 1/6/06 10:29 PM:

On Fri, 6 Jan 2006 15:00:48 -0600, Cary Kittrell wrote:

In article <11rtm5rs9t4485d@corp.supernews.com> "Dana" <whoya@whoya.com>
writes:

<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...


Florida Supreme Court declares vouchers unconstitutional



The USSC has already ruled vouchers do not violate the Constitution.
Once again the leftist Florida Supreme Court will be ***** slapped again for
trying to legislate from the bench.



First they appoint Gore president in 2000, and now this. Bunch lefties.


Did you actually READ the article, Dana? If so, what part of
"violates the state constitution" escaped you?



-- cary



That's unimportant.

The crux is that Dana is going to Florida
and slap the Florida Supreme Court.

Late breaking news is that the seven-year-old daughter of one of
the justices was heard saying that she was "Gonna drop that Dana
Dumbass like a bad habit".

So much for Dana's hopes of getting into HER pants...
Paul
.




User: "Jeff Strickland"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 09 Jan 2006 10:32:21 AM
<buckeye-ELO@nospam.net> wrote in message
news:evdtr1t5bsbqo6ngdh2qfaqasfpi45cc38@4ax.com...

Florida Supreme Court declares vouchers unconstitutional
http://www.gainesville.com/apps/pbcs.dll/article?AID=/20060105/APN/601050768
Gainesville Sun - Gainesville,FL,USA
... 1999 law previously had been ruled unconstitutional by the 1st
District Court of Appeal on grounds that it violated the separation of
church and state in the ...

In the interest of full and fair reporting, that quote is not from the
Florida Supreme Court, it's from the 1st District Court of Appeals. The
Florida Supreme Court said the voucher program violated Florida's
Consititution because it did not provide for uniform education of all of
Florida's children.
It appears that IF it were possible to make public and private education
equal -- I see no point in even trying to do that because private schools
are generally much better than public schools anyway -- then vouchers could
be used. Of course, this would then bring the separation issue back to the
front burner for the high court to consider.
.
User: "Bob LeChevalier"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 09 Jan 2006 04:28:22 PM
"Jeff Strickland" <crwlr@yahoo.com> wrote:

It appears that IF it were possible to make public and private education
equal -- I see no point in even trying to do that because private schools
are generally much better than public schools anyway

That is not necessarily the case in Florida, which appears to have
absolutely no standards for private schools.

-- then vouchers could
be used. Of course, this would then bring the separation issue back to the
front burner for the high court to consider.

Not to mention the explicit prohibition in the Florida Constitution
against state school funds being used for anything but public schools.
<SECTION 6. State school fund.--The income derived from the state
< school fund shall, and the principal of the fund may, be
< appropriated, but only to the support and maintenance of free public
< schools.
lojbab
.
User: "Jeff Strickland"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 09 Jan 2006 07:21:36 PM
"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:uho5s15bu8dj2e9vr9ip1gc8559ngbcenb@4ax.com...

"Jeff Strickland" <crwlr@yahoo.com> wrote:

It appears that IF it were possible to make public and private education
equal -- I see no point in even trying to do that because private schools
are generally much better than public schools anyway


That is not necessarily the case in Florida, which appears to have
absolutely no standards for private schools.

Perhaps tha tis true, I have no idea. But hypothetically, private schools
could be regulated in a similar manner as public schools. Having said that,
it is my humble opinion that this would reduce the attractive nature of
private schools, or raise public schools to a standard they can never hope
to attain.

-- then vouchers could
be used. Of course, this would then bring the separation issue back to the
front burner for the high court to consider.


Not to mention the explicit prohibition in the Florida Constitution
against state school funds being used for anything but public schools.
<SECTION 6. State school fund.--The income derived from the state
< school fund shall, and the principal of the fund may, be
< appropriated, but only to the support and maintenance of free public
< schools.

That is what the court said. The FL Constitution doesn't prohibit public
funding of private schools, it prohibits public funding of unequal schools.
Private schools are vastly superior to public schools in most peoples' eyes,
and this superiority is what is against the FL Constitution. I think I said
the same thing in my first post. But, sometimes we need to explain stuff to
Bob several times before he gets it.
.
User: "Bob LeChevalier"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 10 Jan 2006 04:05:29 AM
"Jeff Strickland" <crwlr@yahoo.com> wrote:

"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:uho5s15bu8dj2e9vr9ip1gc8559ngbcenb@4ax.com...

"Jeff Strickland" <crwlr@yahoo.com> wrote:

It appears that IF it were possible to make public and private education
equal -- I see no point in even trying to do that because private schools
are generally much better than public schools anyway


That is not necessarily the case in Florida, which appears to have
absolutely no standards for private schools.


Perhaps tha tis true, I have no idea. But hypothetically, private schools
could be regulated in a similar manner as public schools.

By the wall of separation, religious schools cannot be so regulated.

Having said that,
it is my humble opinion that this would reduce the attractive nature of
private schools, or raise public schools to a standard they can never hope
to attain.

Poor Jeffy - you still fail to understand that the private schools are
NOT paragons. There are a few really good, and really expensive, prep
schools. And then there are all the rest. A sampling from the sum
total of all of these private schools have *somewhat* higher test
scores than the average public schools, though it isn't clear whether
those scores are significantly different after adjusting for the
correlation with income level and other factors known to have an
effect on test scores.
There are several states that have test scores as good as the average
private school, and some districts that have higher test scores,
including my own.

-- then vouchers could
be used. Of course, this would then bring the separation issue back to the
front burner for the high court to consider.


Not to mention the explicit prohibition in the Florida Constitution
against state school funds being used for anything but public schools.
<SECTION 6. State school fund.--The income derived from the state
< school fund shall, and the principal of the fund may, be
< appropriated, but only to the support and maintenance of free public
< schools.


That is what the court said.

The lower court said that. The higher court ruled on a DIFFERENT
section of the Constitution.

The FL Constitution doesn't prohibit public funding of private schools,

The above sentence from the Constitution contradicts that claim. The
court explicitly declined to address that issue at this point because
the other clause was sufficient.

it prohibits public funding of unequal schools.

It does that too.

Private schools are vastly superior to public schools in most peoples' eyes,
and this superiority is what is against the FL Constitution.

No. What is "in most peoples' eyes" is NOT subject to regulation by
the Constitution. If you actually read the opinion (but you won't
because they give you a headache) you would find that there are
specific and objective reasons why private schools do not qualify, and
they have nothing to do with what people think of them OR whether they
are "superior"
<For reasons expressed more fully below, we find that the OSP violates
<this language. It diverts public dollars into separate private systems parallel to and
<in competition with the free public schools that are the sole means set out in the
<Constitution for the state to provide for the education of Florida’s children. This
<diversion not only reduces money available to the free schools, but also funds
<private schools that are not “uniform” when compared with each other or the
<public system. Many standards imposed by law on the public schools are
<inapplicable to the private schools receiving public monies.
The private schools aren't even "uniform" with respect to each other.
They are not subject to many of the standards imposed by law on the
public schools.
No mention of quality. The point is that they aren't the SAME.
lojbab
.
User: "Jeff Strickland"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 10 Jan 2006 11:00:25 AM
"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:kr07s1djjflvb0ph3hit5hsjqd8dj4asdv@4ax.com...

"Jeff Strickland" <crwlr@yahoo.com> wrote:

"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:uho5s15bu8dj2e9vr9ip1gc8559ngbcenb@4ax.com...

"Jeff Strickland" <crwlr@yahoo.com> wrote:

It appears that IF it were possible to make public and private education
equal -- I see no point in even trying to do that because private
schools
are generally much better than public schools anyway


That is not necessarily the case in Florida, which appears to have
absolutely no standards for private schools.


Perhaps tha tis true, I have no idea. But hypothetically, private schools
could be regulated in a similar manner as public schools.


By the wall of separation, religious schools cannot be so regulated.

The State can regulate the academic standards if it wants to. But why would
it do that, the academic standards of private schools is generally higher
than that of public schools already.

Having said that,
it is my humble opinion that this would reduce the attractive nature of
private schools, or raise public schools to a standard they can never hope
to attain.


Poor Jeffy - you still fail to understand that the private schools are
NOT paragons. There are a few really good, and really expensive, prep
schools. And then there are all the rest. A sampling from the sum
total of all of these private schools have *somewhat* higher test
scores than the average public schools, though it isn't clear whether
those scores are significantly different after adjusting for the
correlation with income level and other factors known to have an
effect on test scores.

There are several states that have test scores as good as the average
private school, and some districts that have higher test scores,
including my own.

-- then vouchers could
be used. Of course, this would then bring the separation issue back to
the
front burner for the high court to consider.


Not to mention the explicit prohibition in the Florida Constitution
against state school funds being used for anything but public schools.
<SECTION 6. State school fund.--The income derived from the state
< school fund shall, and the principal of the fund may, be
< appropriated, but only to the support and maintenance of free public
< schools.


That is what the court said.


The lower court said that. The higher court ruled on a DIFFERENT
section of the Constitution.

That's what I said in my very first post.
The high court didn't even come close to touching the issue of separation
because it held that the State Constitution dictates that public education
for all residents be equal. Funding private education with public money
leads to some students getting an education that is more equal than others,
without regard for the religious aspects of the private schools that may or
may not exist.

The FL Constitution doesn't prohibit public funding of private schools,


The above sentence from the Constitution contradicts that claim. The
court explicitly declined to address that issue at this point because
the other clause was sufficient.

it prohibits public funding of unequal schools.


It does that too.

It does that more. But the point is that the State Constitution can be
amended to allow the funding of private schools by saying that all children
shall receive at public expense an education of such-and-such a level, or
higher. Then a parent can receive a voucher and go about buying a better
education for his children.
At this point, the issue of separation would likely come into play. Having
said that, I see no problem with a parent getting a better education using
public funds at any school he so chooses. How to guage "better"? That's a
reasonable debate.

Private schools are vastly superior to public schools in most peoples'
eyes,
and this superiority is what is against the FL Constitution.


No. What is "in most peoples' eyes" is NOT subject to regulation by
the Constitution. If you actually read the opinion (but you won't
because they give you a headache) you would find that there are
specific and objective reasons why private schools do not qualify, and
they have nothing to do with what people think of them OR whether they
are "superior"

<For reasons expressed more fully below, we find that the OSP violates
<this language. It diverts public dollars into separate private systems
parallel to and
<in competition with the free public schools that are the sole means set
out in the
<Constitution for the state to provide for the education of Florida's
children. This
<diversion not only reduces money available to the free schools, but also
funds
<private schools that are not "uniform" when compared with each other or
the
<public system. Many standards imposed by law on the public schools are
<inapplicable to the private schools receiving public monies.

The private schools aren't even "uniform" with respect to each other.
They are not subject to many of the standards imposed by law on the
public schools.

No mention of quality. The point is that they aren't the SAME.

lojbab

Of course they aren't the same. The argument can be made -- very easily, I
might add -- that public schools aren't even the same, and therefore the
public schools system violates the state constitution.
The diversion of funds from public to private schools actually INCREASES the
Per Child funds available to public schools. Since you do not demonstrate
strong comprehension skills, I'll not bother to explain why this is so, but
suffice it to say that this particular arugment is stupid.
.
User: "Bob LeChevalier"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 10 Jan 2006 03:57:39 PM
"Jeff Strickland" <crwlr@yahoo.com> wrote:

By the wall of separation, religious schools cannot be so regulated.


The State can regulate the academic standards if it wants to.

Nope. There are enormous limits on state powers to do so:
http://www.ed.gov/pubs/RegPrivSchl/intro.html
is a good summary. You should read it, but since you won't, here are
some highlights.
<Under the United States Constitution, parents have a fundamental right
< to direct the education of their children.
....
<It is also well-established that states have the power to regulate
< private schools. Based on the "high responsibility for education of
< its citizens, [a State] may impose reasonable regulations for the
< control and duration of basic education." Wisconsin v. Yoder, 406
< U.S. 205, 213 (1972). See also Board of Ed. of Cent. Sch. Dist. No.1
< v. Allen, 392 U.S. 236, 246-247 (1968). The state's interest in an
< informed and self-sufficient citizenry capable of participating in a
< democratic society is generally cited to support the regulation of
< private schools. Yoder at 221; Kentucky State Board v. Rudasill, 589
< S.W.2d 877, 883 (1979).
<
<The right to regulate is not without limitations, however. Since 80
< percent of America's private schools are religious institutions, any
< regulation of these schools must conform to the First Amendment's
< guarantee of the free exercise of religion.
<A state's excessive regulation may in fact eliminate a parent's right
< to direct the education of their child. In 1923, the Supreme Court
< struck down a Nebraska statute that prohibited the teaching of German
< to elementary school age children. The Court determined that the law
< unreasonably interfered with the power of parents to control their
< children's education. Meyer v. State of Nebraska, 262 U.S. 390
< (1923). Similarly, in 1927, the Supreme Court held a Hawaiian law
< unconstitutional that regulated the teachers, curriculum, and
< textbooks of private language schools and placed control of the
< schools in public officers. "Enforcement," the Court said, "would
< deprive parents of fair opportunity to procure for their children
< instruction which they think important and we cannot say is harmful."
< Farrington v. T. Tokushige, 273 U.S. 284, 298 (1927).
<
<In 1976, the Ohio Supreme Court applied Farrington in a constitutional
< challenge to the state's "minimum standards" governing nonpublic
< schools. The state court determined that the standards were "so
< pervasive and all-encompassing that total compliance with each and
< every standard by a non-public school would effectively eradicate the
< distinction between public and non-public education, and thereby
< deprive these appellants of their traditional interest as parents to
< direct the upbringing and education of their children". Ohio v.
< Whisner, 351 N.E.2d 750, 768 (1976).

But why would
it do that, the academic standards of private schools is generally higher
than that of public schools already.

You keep saying it, but you can provide no evidence, because in fact
the standards are NOT higher.

The FL Constitution doesn't prohibit public funding of private schools,


The above sentence from the Constitution contradicts that claim. The
court explicitly declined to address that issue at this point because
the other clause was sufficient.

it prohibits public funding of unequal schools.


It does that too.


It does that more. But the point is that the State Constitution can be
amended to allow the funding of private schools by saying that all children
shall receive at public expense an education of such-and-such a level, or
higher. Then a parent can receive a voucher and go about buying a better
education for his children.

If the state constitution were amended, all sorts of weirdness might
result. But that is a big "if".

No mention of quality. The point is that they aren't the SAME.


Of course they aren't the same. The argument can be made -- very easily, I
might add -- that public schools aren't even the same, and therefore the
public schools system violates the state constitution.

That argument could be made against charter schools, which is why they
might be constitutionally questionable. But the regular public
schools operate under the same standards and regulations everywhere in
the state.

The diversion of funds from public to private schools actually INCREASES the
Per Child funds available to public schools.

Not relevant, and likely not true as well since it ignores the way
school funding actually works.

Since you do not demonstrate strong comprehension skills,

This coming from the guy who has rarely failed to get his facts wrong
on every issue he discusses?
lojbab
.
User: "Jeff Strickland"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 10 Jan 2006 05:04:27 PM
"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:hga8s1hv14m3id7rpr5s6b4mkfejkgg5mb@4ax.com...

"Jeff Strickland" <crwlr@yahoo.com> wrote:

By the wall of separation, religious schools cannot be so regulated.


The State can regulate the academic standards if it wants to.


Nope. There are enormous limits on state powers to do so:

http://www.ed.gov/pubs/RegPrivSchl/intro.html
is a good summary. You should read it, but since you won't, here are
some highlights.


<Under the United States Constitution, parents have a fundamental right
< to direct the education of their children.
...
<It is also well-established that states have the power to regulate
< private schools. Based on the "high responsibility for education of
< its citizens, [a State] may impose reasonable regulations for the
< control and duration of basic education." Wisconsin v. Yoder, 406
< U.S. 205, 213 (1972). See also Board of Ed. of Cent. Sch. Dist. No.1
< v. Allen, 392 U.S. 236, 246-247 (1968). The state's interest in an
< informed and self-sufficient citizenry capable of participating in a
< democratic society is generally cited to support the regulation of
< private schools. Yoder at 221; Kentucky State Board v. Rudasill, 589
< S.W.2d 877, 883 (1979).
<
<The right to regulate is not without limitations, however. Since 80
< percent of America's private schools are religious institutions, any
< regulation of these schools must conform to the First Amendment's
< guarantee of the free exercise of religion.

But it is reasonable that a religious school can be regulated on its
academic content. They are not, but that is beside the point.
If a State wanted to assure that none of its school age children were dumb
as rocks, it could in theory regulate all educational material from an
academic perspective. For example, a private school can not teach that 1 + 1
= 3. Having said that, the free market dictates that people will not pay for
services of a private school if it fails to adequately teach the children.
If a private school is going to insist that 1 + 1 = 3, they won't be
teaching very many kids for very long because nobody is going to pay for
such an education.
We can regulate education aside from defining the religious content of the
education.

<A state's excessive regulation may in fact eliminate a parent's right
< to direct the education of their child. In 1923, the Supreme Court
< struck down a Nebraska statute that prohibited the teaching of German
< to elementary school age children. The Court determined that the law
< unreasonably interfered with the power of parents to control their
< children's education. Meyer v. State of Nebraska, 262 U.S. 390
< (1923). Similarly, in 1927, the Supreme Court held a Hawaiian law
< unconstitutional that regulated the teachers, curriculum, and
< textbooks of private language schools and placed control of the
< schools in public officers. "Enforcement," the Court said, "would
< deprive parents of fair opportunity to procure for their children
< instruction which they think important and we cannot say is harmful."
< Farrington v. T. Tokushige, 273 U.S. 284, 298 (1927).
<
<In 1976, the Ohio Supreme Court applied Farrington in a constitutional
< challenge to the state's "minimum standards" governing nonpublic
< schools. The state court determined that the standards were "so
< pervasive and all-encompassing that total compliance with each and
< every standard by a non-public school would effectively eradicate the
< distinction between public and non-public education, and thereby
< deprive these appellants of their traditional interest as parents to
< direct the upbringing and education of their children". Ohio v.
< Whisner, 351 N.E.2d 750, 768 (1976).



But why would
it do that, the academic standards of private schools is generally higher
than that of public schools already.


You keep saying it, but you can provide no evidence, because in fact
the standards are NOT higher.

The children that get private school education generally do better as they
progress through the higher educational levels. This is a well known fact.
It isn't always true, but the exceptions generally reflect more on the
student than on the school they attended. To wit, it is rare that an entire
class of a private school will do poorly in post secondary schooling. There
is the random student that may not do very well, but that is a reflection on
the student because the rest of his classmates seem to do fine.
You keep denying it, but provide no evidence that the standards are not
higher. The fact is that private schools conform to market forces, and
people that wish to send a kid to a private school will demand more of the
education provider than they demand of the public school system. If the
private schools do no better than the public schools, what's the point of
putting a kid in a private school? Surely a shitty education that is free is
much better than a shitty education that somebody has to pay for
out-of-pocket.

The FL Constitution doesn't prohibit public funding of private schools,


The above sentence from the Constitution contradicts that claim. The
court explicitly declined to address that issue at this point because
the other clause was sufficient.

it prohibits public funding of unequal schools.


It does that too.


It does that more. But the point is that the State Constitution can be
amended to allow the funding of private schools by saying that all
children
shall receive at public expense an education of such-and-such a level, or
higher. Then a parent can receive a voucher and go about buying a better
education for his children.


If the state constitution were amended, all sorts of weirdness might
result. But that is a big "if".

Yes, but the state constitution can be amended to allow vouchers for
education. I am not suggesting it is a good idea, I only suggest that it
could happen.

No mention of quality. The point is that they aren't the SAME.


Of course they aren't the same. The argument can be made -- very easily, I
might add -- that public schools aren't even the same, and therefore the
public schools system violates the state constitution.


That argument could be made against charter schools, which is why they
might be constitutionally questionable. But the regular public
schools operate under the same standards and regulations everywhere in
the state.

They might operate under the same standards and regulations, but the results
vary widely. Since the results vary widely, then an argument could be made
that the education is not equal, and therefore in violation of the state
constitution. The state itself apparently feels that the results of the
educational process are not equal, and it is offering vouchers in an effort
to provide a better education to those that are not getting all they
bargained for from the state.

The diversion of funds from public to private schools actually INCREASES
the
Per Child funds available to public schools.


Not relevant, and likely not true as well since it ignores the way
school funding actually works.

Bob, it's simple math. If the state funds $6000 per year per kid, and there
are 300 kids in the school, then the funding is $1,800,000. If the school
then turns around and jetisons 100 kids with a voucher for $5000, then the
remaining 200 kids will share $1,300,000, which works out to $6500 per
child. The state is not spending one additional dime on education, but is
increasing per child funding by $500 for those that remain in the public
school. Add to this monetary benifit the fact that the student/teacher ratio
also improves, and there is nothing but good that comes to the remaining
kids.
.
User: "Bob LeChevalier"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 10 Jan 2006 06:19:50 PM
"Jeff Strickland" <crwlr@yahoo.com> wrote:

"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:hga8s1hv14m3id7rpr5s6b4mkfejkgg5mb@4ax.com...
But it is reasonable that a religious school can be regulated on its
academic content.

Did you read the next two paragraphs, dodo? You may find it
reasonable, but that is NOT something that has been found
constitutional:
<>> <A state's excessive regulation may in fact eliminate a parent's right
<>> < to direct the education of their child. In 1923, the Supreme Court
<>> < struck down a Nebraska statute that prohibited the teaching of German
<>> < to elementary school age children. The Court determined that the law
<>> < unreasonably interfered with the power of parents to control their
<>> < children's education. Meyer v. State of Nebraska, 262 U.S. 390
<>> < (1923). Similarly, in 1927, the Supreme Court held a Hawaiian law
<>> < unconstitutional that regulated the teachers, curriculum, and
<>> < textbooks of private language schools and placed control of the
<>> < schools in public officers. "Enforcement," the Court said, "would
<>> < deprive parents of fair opportunity to procure for their children
<>> < instruction which they think important and we cannot say is harmful."
<>> < Farrington v. T. Tokushige, 273 U.S. 284, 298 (1927).
<>> <
<>> <In 1976, the Ohio Supreme Court applied Farrington in a constitutional
<>> < challenge to the state's "minimum standards" governing nonpublic
<>> < schools. The state court determined that the standards were "so
<>> < pervasive and all-encompassing that total compliance with each and
<>> < every standard by a non-public school would effectively eradicate the
<>> < distinction between public and non-public education, and thereby
<>> < deprive these appellants of their traditional interest as parents to
<>> < direct the upbringing and education of their children". Ohio v.
<>> < Whisner, 351 N.E.2d 750, 768 (1976).

If a State wanted to assure that none of its school age children were dumb
as rocks, it could in theory regulate all educational material from an
academic perspective.

It would be unconstitutional. See the above.

For example, a private school can not teach that 1 + 1 = 3.

They can teach creationism, which is just as unacademic.

Having said that, the free market dictates that people will not pay for
services of a private school if it fails to adequately teach the children.

The problem with that is that there are people who are perfectly
satisfied with inferior education, so long as their own prejudices are
preserved in the teaching.

If a private school is going to insist that 1 + 1 = 3, they won't be
teaching very many kids for very long because nobody is going to pay for
such an education.

There's a sucker born every minute.

We can regulate education aside from defining the religious content of the
education.

Any and all content is potentially religious. Someone can profess a
religious belief that 1+1=3. Government can not tell a religious
school that they cannot teach it to the kids.

But why would
it do that, the academic standards of private schools is generally higher
than that of public schools already.


You keep saying it, but you can provide no evidence, because in fact
the standards are NOT higher.


The children that get private school education generally do better as they
progress through the higher educational levels. This is a well known fact.

Your data is lacking. In fact, the kids who get private education are
predominantly those of wealthier families, and usually have two-parent
families, and special ed kids are excluded (or not counted in the
popular "well-known fact", though the special ed kids DO count against
the public school numbers). And except for the prep schools that
charge $20K a year, their outcomes are NOT superior to those of the
public schools.

It isn't always true, but the exceptions generally reflect more on the
student than on the school they attended. To wit, it is rare that an entire
class of a private school will do poorly in post secondary schooling. There
is the random student that may not do very well, but that is a reflection on
the student because the rest of his classmates seem to do fine.

So you claim, but where's the data.

You keep denying it, but provide no evidence that the standards are not
higher.

You provide no evidence that they ARE higher.

The fact is that private schools conform to market forces,

which means they kiss parents' asses, which does not necessarily mean
that they demand more of the kids. Market forces gives us a lot more
McDonalds than 5 star restaurants.

and
people that wish to send a kid to a private school will demand more of the
education provider than they demand of the public school system.

The "more" may not "superior educational standards" and indeed among
the religious likely will NOT be "superior educational standards" but
rather "teaching a Bible-based curriculum" or some such.

If the private schools do no better than the public schools, what's the point of
putting a kid in a private school?

The sense of personal parental control, which the private schools
foster. The personal services that a school that kisses ***** in order
to ensure that the tuition payments keep coming. The social status
that accrues to those who send their kids to elite institutions rather
than mingling with the lower class. The avoidance of said lower
class, and people who are "other" usually disguised as "fear of gangs"
or "child safety" when it really is racial prejudice.

Surely a shitty education that is free is
much better than a shitty education that somebody has to pay for
out-of-pocket.

Public schools do not provide "shitty education". Public school
students may choose not to work, and thereby GET a "shitty education",
but that is because they are passing up what is offered to them. In a
private school, they would just be kicked out.

If the state constitution were amended, all sorts of weirdness might
result. But that is a big "if".


Yes, but the state constitution can be amended to allow vouchers for
education. I am not suggesting it is a good idea, I only suggest that it
could happen.

It can also be amended to require the teaching that 1+1=3. I am not
suggesting it is a good idea, I only suggest that it could happen.

No mention of quality. The point is that they aren't the SAME.


Of course they aren't the same. The argument can be made -- very easily, I
might add -- that public schools aren't even the same, and therefore the
public schools system violates the state constitution.


That argument could be made against charter schools, which is why they
might be constitutionally questionable. But the regular public
schools operate under the same standards and regulations everywhere in
the state.


They might operate under the same standards and regulations, but the results
vary widely. Since the results vary widely, then an argument could be made
that the education is not equal,

You would have to prove that the results are due to differences in the
schools and not in the students.
It can't be proven, since it is known that there are wide variations
in the students.

The state itself apparently feels that the results of the
educational process are not equal,

The state feels no such thing.

and it is offering vouchers in an effort
to provide a better education to those that are not getting all they
bargained for from the state.

No it is offering vouchers as a political wedge to try to destroy the
public schools. And the scandals in Florida's voucher program have
exceeded those in other programs.

The diversion of funds from public to private schools actually INCREASES
the
Per Child funds available to public schools.


Not relevant, and likely not true as well since it ignores the way
school funding actually works.


Bob, it's simple math. If the state funds $6000 per year per kid, and there
are 300 kids in the school, then the funding is $1,800,000. If the school
then turns around and jetisons 100 kids with a voucher for $5000, then the
remaining 200 kids will share $1,300,000,

No. The remaining kids will share $1.2 million because, *as you
said*, the state funds $6000 per year per kid and there are 200 kids.
Nothing about voucher programs say that the money not spent on the
voucher goes to the public schools; the funding formula is expressed
in dollars per student. The remaining $100K will stay in the state
fund, where it will be given to the corporations, or used to buy
conservative voters with yet another tax cut.
lojbab
.

User: "Gray Shockley"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 12 Jan 2006 01:42:53 AM
On Tue, 10 Jan 2006 17:04:27 -0600, Jeff Strickland wrote:


"Bob LeChevalier" <lojbab@lojban.org> wrote in message
news:hga8s1hv14m3id7rpr5s6b4mkfejkgg5mb@4ax.com...

"Jeff Strickland" <crwlr@yahoo.com> wrote:

By the wall of separation, religious schools cannot be so regulated.


The State can regulate the academic standards if it wants to.


Nope. There are enormous limits on state powers to do so:

http://www.ed.gov/pubs/RegPrivSchl/intro.html
is a good summary. You should read it, but since you won't, here are
some highlights.


<Under the United States Constitution, parents have a fundamental right
< to direct the education of their children.
...
<It is also well-established that states have the power to regulate
< private schools. Based on the "high responsibility for education of
< its citizens, [a State] may impose reasonable regulations for the
< control and duration of basic education." Wisconsin v. Yoder, 406
< U.S. 205, 213 (1972). See also Board of Ed. of Cent. Sch. Dist. No.1
< v. Allen, 392 U.S. 236, 246-247 (1968). The state's interest in an
< informed and self-sufficient citizenry capable of participating in a
< democratic society is generally cited to support the regulation of
< private schools. Yoder at 221; Kentucky State Board v. Rudasill, 589
< S.W.2d 877, 883 (1979).
<
<The right to regulate is not without limitations, however. Since 80
< percent of America's private schools are religious institutions, any
< regulation of these schools must conform to the First Amendment's
< guarantee of the free exercise of religion.



But it is reasonable that a religious school can be regulated on its
academic content. They are not, but that is beside the point.

If a State wanted to assure that none of its school age children were dumb
as rocks, it could in theory regulate all educational material from an
academic perspective. For example, a private school can not teach that 1 + 1
= 3. Having said that, the free market dictates that people will not pay for
services of a private school if it fails to adequately teach the children.
If a private school is going to insist that 1 + 1 = 3, they won't be
teaching very many kids for very long because nobody is going to pay for
such an education.

We can regulate education aside from defining the religious content of the
education.




<A state's excessive regulation may in fact eliminate a parent's right
< to direct the education of their child. In 1923, the Supreme Court
< struck down a Nebraska statute that prohibited the teaching of German
< to elementary school age children. The Court determined that the law
< unreasonably interfered with the power of parents to control their
< children's education. Meyer v. State of Nebraska, 262 U.S. 390
< (1923). Similarly, in 1927, the Supreme Court held a Hawaiian law
< unconstitutional that regulated the teachers, curriculum, and
< textbooks of private language schools and placed control of the
< schools in public officers. "Enforcement," the Court said, "would
< deprive parents of fair opportunity to procure for their children
< instruction which they think important and we cannot say is harmful."
< Farrington v. T. Tokushige, 273 U.S. 284, 298 (1927).
<
<In 1976, the Ohio Supreme Court applied Farrington in a constitutional
< challenge to the state's "minimum standards" governing nonpublic
< schools. The state court determined that the standards were "so
< pervasive and all-encompassing that total compliance with each and
< every standard by a non-public school would effectively eradicate the
< distinction between public and non-public education, and thereby
< deprive these appellants of their traditional interest as parents to
< direct the upbringing and education of their children". Ohio v.
< Whisner, 351 N.E.2d 750, 768 (1976).



But why would
it do that, the academic standards of private schools is generally higher
than that of public schools already.


You keep saying it, but you can provide no evidence, because in fact
the standards are NOT higher.


The children that get private school education generally do better as they
progress through the higher educational levels. This is a well known fact.
It isn't always true, but the exceptions generally reflect more on the
student than on the school they attended. To wit, it is rare that an entire
class of a private school will do poorly in post secondary schooling. There
is the random student that may not do very well, but that is a reflection on
the student because the rest of his classmates seem to do fine.

You keep denying it, but provide no evidence that the standards are not
higher. The fact is that private schools conform to market forces, and
people that wish to send a kid to a private school will demand more of the
education provider than they demand of the public school system. If the
private schools do no better than the public schools, what's the point of
putting a kid in a private school? Surely a shitty education that is free is
much better than a shitty education that somebody has to pay for
out-of-pocket.




The FL Constitution doesn't prohibit public funding of private schools,


The above sentence from the Constitution contradicts that claim. The
court explicitly declined to address that issue at this point because
the other clause was sufficient.

it prohibits public funding of unequal schools.


It does that too.


It does that more. But the point is that the State Constitution can be
amended to allow the funding of private schools by saying that all
children
shall receive at public expense an education of such-and-such a level, or
higher. Then a parent can receive a voucher and go about buying a better
education for his children.


If the state constitution were amended, all sorts of weirdness might
result. But that is a big "if".


Yes, but the state constitution can be amended to allow vouchers for
education. I am not suggesting it is a good idea, I only suggest that it
could happen.


No mention of quality. The point is that they aren't the SAME.


Of course they aren't the same. The argument can be made -- very easily, I
might add -- that public schools aren't even the same, and therefore the
public schools system violates the state constitution.


That argument could be made against charter schools, which is why they
might be constitutionally questionable. But the regular public
schools operate under the same standards and regulations everywhere in
the state.


They might operate under the same standards and regulations, but the results
vary widely. Since the results vary widely, then an argument could be made
that the education is not equal, and therefore in violation of the state
constitution. The state itself apparently feels that the results of the
educational process are not equal, and it is offering vouchers in an effort
to provide a better education to those that are not getting all they
bargained for from the state.


The diversion of funds from public to private schools actually INCREASES
the
Per Child funds available to public schools.


Not relevant, and likely not true as well since it ignores the way
school funding actually works.



Bob, it's simple math. If the state funds $6000 per year per kid, and there
are 300 kids in the school, then the funding is $1,800,000. If the school
then turns around and jetisons 100 kids with a voucher for $5000, then the
remaining 200 kids will share $1,300,000, which works out to $6500 per
child. The state is not spending one additional dime on education, but is
increasing per child funding by $500 for those that remain in the public
school. Add to this monetary benifit the fact that the student/teacher ratio
also improves, and there is nothing but good that comes to the remaining
kids.



Do what?
300 kids x $6,000 = $1,800,000
200 kids x $6,000 = $1,200,000
A state allocates a certain amount of money per student, per day.
"Sick days" even count against the sum.
You're doing Republican Arithmetic, aka "Creative Accounting".
$1,200,000.00 does not equal $1,300,000.00.
Everything you know is wrong.
Are Clifton, Daner and Jeff all the same person? Y'all sure do
resemble triplets separated at birth.
Gray Shockley
------------------------
You who build these altars now
to sacrifice these children,
you must not do it anymore.
A scheme is not a vision
and you never have been tempted
by a demon or a god.
- Leonard Cohen
.

User: "Gray Shockley"

Title: Re: Florida Supreme Court declares vouchers unconstitutional 12 Jan 2006 01:26:27 AM
On Tue, 10 Jan 2006 17:04:27 -0600, Jeff Strickland wrote:

Bob, it's simple math. If the state funds $6000 per year per kid, and there
are 300 kids in the school, then the funding is $1,800,000. If the school
then turns around and jetisons 100 kids with a voucher for $5000, then the
remaining 200 kids will share $1,300,000, which works out to $6500 per
child. The state is not spending one additional dime on education, but is
increasing per child funding by $500 for those that remain in the public
school. Add to this monetary benifit the fact that the student/teacher ratio
also improves, and there is nothing but good that comes to the remaining
kids.

You're probably correct.
Private schools do - many times - a better job than public schools.
Here, in Vicksburg, All Saints School does a superb job and at only
$23,000.00 a year. For four years, that's not even a
hundred-thousand dollars.
So I see what you're saying and I just want you to know that I'm in
agreement with you and I am, also, trying to get tax-funded public
schools abolished.
We need to get the government and the tax-payer out of the
education business and let it be the sole concern of the parents
and the students.
Abolish public schools now!
The money saved will result in a trickle-down economy and it'll be
good for big business. Remember, if it's good for Halliburton, it's
good for America.
And the longer we stay in Iraq, the fewer the colleges that will be
needed.
Gray Shockley
------------------
... a government committed to a policy of
improving the nation by improving the condition
of some of the individuals will eventually run
into trouble in attempting to distinguish between
a national good and a chocolate sundae.
                              - E. B. White
.





User: ""

Title: Re: Florida Supreme Court declares vouchers unconstitutional 11 Jan 2006 05:33:23 AM
"Jeff Strickland" <crwlr@yahoo.com> wrote:

:|That is what the court said. The FL Constitution doesn't prohibit public
:|funding of private schools, it prohibits public funding of unequal schools.
:|Private schools are vastly superior to public schools in most peoples' eyes,
:|and this superiority is what is against the FL Constitution. I think I said
:|the same thing in my first post. But, sometimes we need to explain stuff to
:|Bob several times before he gets it.

CONSTITUTION OF THE STATE OF FLORIDA
(as revised in 1968 and amended to 1975)
ARTICLE I
DECLARATION OF RIGHTS
Sec. 3. There shall be no law respecting the establishment of relig-
ion or prohibiting or penalizing the free exercise thereof.
Religious freedom shall not justify practices inconsistent
with public morals, peace or safety. No revenue of the state
or any political subdivision or agency thereof shall ever be
taken from the public treasury directly or indirectly in aid
of any church, sect, or religious denomination or in aid of
any sectarian institution.
http://www.harbornet.com/rights/florida.txt
Dear jeffy kindly read aloud the above section where it says
"No revenue of the state or any political subdivision or agency thereof
shall ever be taken from the public treasury directly or indirectly in aid
of any church, sect, or religious denomination or in aid of any
sectarian institution."
More info:

*******************************************************************************
ARTICLE I -- Declaration of Rights
Sec. 3. Religious freedom.
There shall be no law respecting the establishment of religion or
prohibiting or penalizing the free exercise thereof. Religious freedom
shall not justify practices inconsistent with public morals, peace or
safety. No revenue of the state or any political subdivision or agency
thereof shall ever be taken from the public treasury directly or indirectly
in aid of any church, sect, or religious denomination or in aid of any
sectarian institution.
Relying on Employment Division v. Smith, the appellate court held in State
of Honda, Dep't of Legal Affairs v. Jackson, 576 So. 2d 864 (Fla. App.
1991), that free exercise claims cannot bar enforcement of laws which are
neutrally applied and are directed at conduct, rather than belief; have a
secular purpose and effect; and are justified by government interest in
health, safety and welfare of the citizens.
Hermanson v. State, 570 So. 2d 322 (Fla. App. 1990), followed Employment
Division v. Smith in holding that neither the First Amendment nor Art. I, §
3 barred the state from prosecuting parents for murder for failing to
provide their children with necessary medical care based on sincerely-held
religious beliefs. But see Rogers v. Rogers, 490 So. 2d 1017 (Fla. App.
1986) (Court may not base custody on requirement that parent sever all ties
with a religious organization alleged to practice brainwashing.)
The board of trustees of a public school district does not violate § 3 when
it permits as a "reasonable assembly" a religious organization to
temporarily use a school building as a house of worship. O'Hara v. The
School Board of Sarasota County, 432 So. 2d 1356 (Fla. App. 1983),
following Southside Estates Baptist Church v. Bd. of Trustees, 115 So. 2d
697 (Fla. 1959).
ARTICLE VII—Finance and Taxation
Sec. 3. Taxes; exemptions.
(a) All property owned by a municipality and used exclusively by it
for municipal or public purposes shall be exempt from taxation. A
municipality, owning property outside the municipality, may be required by
general law to make payment to the taxing unit in which the property is
located. Such portions of property as are used predominantly for
educational, literary, scientific, religious or charitable purposes may be
exempted by general law from taxation.
This section is strictly construed because taxation is the rule and
exemptions the exception. Daytona Beach Racing and Rec. Facilities Dist. v.
Paul, 157 So. 2d 156 (Fla. pp. 1963). But see Johnson v. Presbyterian Homes
of Synod of FLA., Inc., 2 9 So. 2d 256 (Fla. 1970) (where tax-exemption of
a nursing home operated by a church was upheld).
ARTICLE IX—Education
Sec. 6. State school fund
The income derived from the state school fund shall, and the
principle of the fund may, be appropriated, but only to the support and
maintenance of free public schools.
ARTICLE X—Miscellaneous
Sec. 2. Militia.
(a) The militia shall be composed of all able-bodied inhabitants of
the state who are or have declared their intention to become citizens of
the United States; and no person because of religious creed or opinion
shall be exempted from military duty except upon conditions provided by
law.
Additional resource: Clifford C. Alloway & Richard B. Knight,
Freedom of speech, press, assembly, and religion, trends in Florida
constitutional law, 16 U.Miami L.Rev. 685 (1962).
SOURCE: Stars in the Constitutional Constellation. Federal and State
Contitutional Provisions on Church and State, Annotated by Steven K, Green,
Esq. Edited by Regina Reaves Hayden, Americnas United Reserach Foundation,
pp, 24-25, (1993)
****************************************************************************************
http://www.aclu.org/religion/vouchers/16379prs20041112.html
ACLU Applauds Appeals Court Decision Striking Down Florida School Voucher
Program (11/12/2004)
FOR IMMEDIATE RELEASE
Contact:

MIAMI - The American Civil Liberties Union of Florida today hailed a state
court ruling that the state's school voucher program is unconstitutional
because it allows tax dollars to be spent on religious schools.
"Governor Jeb Bush can no longer ignore the Florida Constitution and
continue to divert much-needed state education dollars to church-run
schools," said Howard Simon, Executive Director of the ACLU of Florida,
which was a member of the legal team that filed the lawsuit challenging the
program.
Today's 8-5 decision by the First District Court of Appeals is the third
such ruling against the Florida Opportunity Scholarship Program since it
was established in 1999. In August, a three-judge panel of the state
appeals court found that the voucher scheme violates the "no-aid" provision
of the Florida Constitution, which bans the use of public funds, directly
or indirectly, in support of "any church, sect, or religious denomination
or in aid of any sectarian institution." Bush appealed the earlier ruling
by asking the full appeals court to review the decision.
In 2002, Leon County Circuit Court Judge P. Kevin Davey also ruled that the
program violates the Florida Constitution, which is more restrictive than
the federal ban on government-funded religion. Judge Davey said that
Florida's constitution is "clear and unambiguous" and that the court does
not have the "authority to abandon the clear mandate of the people as
enunciated in the constitution."
Florida's school voucher program was the cornerstone of Bush's 1998
campaign for governor. The program was approved by the legislature to
operate statewide in 1999. Although the voucher program initially started
in Pensacola, it has expanded in recent years to include school districts
across the state.
The case is Bush et al. v. Holmes et al. (No. 1 D02-3160). Plaintiffs
include the Florida NAACP, Florida Congress of Parents and Teachers
(Florida PTA) and parents and students in the public school system in
Pensacola. Lawyers for the plaintiffs include: ACLU of Florida Legal
Director Randall Marshall, national ACLU Legal Director Stev