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Education news and notes from Tampa Bay and Florida

State challenges teachers' standing to sue over SB 736



More than a year after its initial filing, a lawsuit by several Florida teachers over the constitutionality of Senate Bill 736 remains in flux. 

The latest twist on the case is that the state's new lawyer is questioning whether the teachers who filed the suit have legal standing to do so. "Plaintiffs lack standing to bring a lawsuit as individuals challenging the constitutionality of Senate Bill 736 as Article I, section 6 does not grant individual employees a right to collectively bargain," attorney Michael Mattimore writes in his filing this week.

He also suggests the court lacks subject matter jurisdiction in the case, and that the plaintiffs have waived their right to sue based on their own collective bargaining agreements.

Meanwhile, the effects of SB 736 continue to be felt, most recently with the release of new teacher evaluation results. The appointment of Tony Bennett as education commissioner indicates the state's intent to continue forward with the basic tenets of the legislation, even if the lawsuit proves successful. Keep watching as these wheels continue to turn slowly.

[Last modified: Friday, December 14, 2012 1:16pm]


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