Posted by 14 June 2018
What does it take to provide a “high quality” education? Florida voters, judges, and lawmakers have been wrestling with this issue for years. Soon the state Supreme Court will decide if courts should play a role in deciding how the state constitution’s quality education mandate should be interpreted.
In 1998, Florida voters passed a constitutional amendment that mandated the state provided a “high quality education system.” Advocacy groups and the state have waged a long legal battle to determine what these words mean. Groups suing the state say that the judicial branch should have a role in determining what constitutes a “high quality education system.” The state says that this is an inherently political question, so the courts should stay out of it.
In states like Connecticut and New York, judges have become involved in setting education spending levels in order to meet similar constitutional provisions in other states. Florida advocates want something similar in that state. They say that if there is no authority for the judiciary to mandate ways to comply with that constitutional provision, the education amendment is toothless.
The state pushes back against that argument, noting that there is no agreed-upon standard that will produce the mandated “high quality education system.” The state says that this is an inherently political decision, and that judges should not be setting education policy or determining education spending levels.
Lower courts have agreed with Florida’s arguments in this matter. The state Supreme Court, however, can overturn these lower court decisions and give the judicial branch authority to involve itself in the fight over Florida’s education policy.
Do you think that judges should be able to set education spending levels or determine what constitutes a “high quality” education?