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Education news and notes from Tampa Bay and Florida

Florida officials wants high-quality-schools lawsuit dismissed



The defendants in the high-quality-schools lawsuit filed a motion today to have the case dismissed. No surprise there, but you can read their 20 pages of legal arguments here. Here are some of them:

Plaintiffs apparently would have this Court compel more state spending for education because the Complaint alleges in several places that the system is underfunded. Of course, only the legislature can appropriate funds and courts cannot order the legislature to do so ...

In essence, Plaintiffs are attempting to establish a judicial tier of review of state education policy, putting the judiciary in a position of publicly admonishing the political branches for their policy-making decisions ... This type of litigation places the judiciary in the awkward role of assessing the legislative and executive branches against amorphous standards in a way that will undermine the legitimacy of the court system and the entire public education system in Florida ...

Finally, Plaintiffs' allegations that the State has failed to assure "high quality" outcomes also miss the mark. The Constitution only requires the State to give a high quality educational opportunity to students; it does not insure high quality outcomes for all students ... Common sense underscores this point. Try as it might, no government (or parent) has the power to assure a high-quality outcome in a child's education. It can only afford opportunities where students, through hard work, may achieve and succeed.

[Last modified: Tuesday, May 25, 2010 10:49am]


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