A member of the Constitution Revision Commission has filed a proposal to the state constitution taking aim at constitutional barriers to school choice.
Erika Donalds, vice chair of the Collier County School Board and co-founder of the Florida Coalition of School Board members, proposed an amendment to Article IX, the education section of the state constitution. It would add the text: “Nothing herein may be construed to limit the legislature from making provision for other educational services that benefit the children and families of this state that are in addition to the system of free public schools.”
In 2006, the Florida Supreme Court ruled a voucher program was unconstitutional. Justices cited the Article IX provision mandating a uniform system of free public schools, and ruled those provisions barred the Legislature from creating publicly funded private school scholarships. Since then, groups have cited the Bush v. Holmes case to challenge other school choice programs, but those lawsuits have not succeeded.
Florida’s Constitution Revision Commission meets every 20 years to review the constitution and propose specific changes that would be brought before voters for their consideration. The CRC includes 37 commissioners of which 15 are appointed by the governor of Florida, nine by the speaker of the Florida House of Representatives, nine by the president of the Florida Senate and three by the chief justice of the Florida Supreme Court.
Proposals the commission approves will appear on the Nov. 6, 2018 General Election ballot. To become law, they must receive 60 percent voter approval.
Members of the commission have filed 48 proposed revisions for consideration. Members of the public have filed hundreds more. Donalds also filed a proposal to the state constitution that would limit the number of terms School Board members can serve to no more than eight consecutive years.
The commission’s education committee is set to meet today at 1 p.m.
