FEA seeks reinstatement of its SB 736 lawsuit
The Florida Education Association isn't taking a judge's dismissal of one of its lawsuits challenging the state's merit pay law sitting down.
Union lawyer Ron Meyer this week filed a motion for rehearing on the suit, which contended that the provisions of SB 736 violated the state's rules on collective bargaining. He wrote:
"Plaintiffs respectfully submit that the Court misapprehended the scope and operation of the challenged portion of section 1012.34(8), Florida Statutes, requiring the State Board of Education to establish thresholds for student learning growth levels that must be met in order for teachers to receive certain performance ratings, and that in fact Senate Bill 736 contains no standards or guidelines for the State Board of Education to follow in carrying out this requirement. Accordingly, Plaintiffs respectfully request that the Court withdraw its order dismissing Count Vi of Plaintiffs' Amended Complaint and enter an amended final order finding that the challenged portion of section 1012.34(8), Florida Statutes, constitutes an unlawful delegation of legislative authority to the executive branch in violation of the Separation of Powers doctrine of the Florida Constitution."
This case is not attached to a separate suit the FEA has filed challenging the portion of the law that allows teachers to be evaluated based on test results of students they do not teach. That case, which is still moving through the courts, is the first of its kind but, according to some experts, is unlikely to be the last.