MIAMI.– The Florida Education Association (FEA) sued the state Department of Education for allegedly diverting nearly $5 billion annually in public funds to private and charter schools through the school voucher program, in a legal action that accuses the state of violating the constitutional mandate to sustain a “uniform, efficient, safe and high-quality system of free public schools.”
The lawsuit, filed in Leon County Circuit Court and backed by parents, school board members and civil rights organizations, asks the court to declare the current scholarship scheme unconstitutional and block the flow of public money to private schools that, according to the plaintiffs, operate without the oversight or standards required of traditional public schools.
The 39-page brief names Education Commissioner Anastasios Kamoutsas, the Department of Education and the State Board of Education as defendants. The FEA estimates that about $5 billion is funneled each year to private and charter schools through the Family Empowerment Scholarship, many operated by for-profit companies based out of state, according to the organization.
Accountability claim
The president of the FEA, Andrew Spar, described the legal action as a “last resort” after years of unsuccessful efforts with the Legislative Branch.
According to his words, the current scheme supports a “parallel private system” and in “competition” with public schools, the only vehicle provided for in the Constitution to educate the children of the state.
“With this lawsuit, we are simply asking for accountability, transparency and a basic set of educational standards, which is what every parent wants, regardless of where they choose to send their children,” Spar said.
To which he added: “Floridians have made it clear that we must strengthen, not abandon, our public schools.”
Figures that fuel the dispute
According to data from the Bureau of Economic and Demographic Research cited in the lawsuit, there were about 521,000 students enrolled in private and homeschooling options with voucher funds for the 2025-2026 cycle in March.
About a quarter of the state’s education budget goes to these programs, up from 12% in 2021.
Florida also ranks last in the country in average teacher salaries and 41st in spending per student, according to official figures.
Last year, the state auditor general warned of “accountability challenges” in the system, with overspending, payment delays and a lack of controls to verify where beneficiaries are educated.
Reaction from the Department of Education
Commissioner of Education, Anastasios Kamoutsas. He responded in X, where he defended the policy promoted by the Executive.
“Thanks to Governor Ron DeSantis, every Florida family has access to universal school choice, allowing them to select the learning environment that best fits their child’s individual needs,” Kamoutsas wrote.
“We remain convinced, without apology, in the principle of always putting students first,” he said.
The new litigation begins as the legislative chambers prepare to return to the Capitol on May 12 to close the budget.
Educators and allies are calling on lawmakers for more funding for traditional public schools, whose enrollment has declined in several districts due to the expansion of vouchers.
Program Background
Governor Ron DeSantis signed HB 1 in March 2023, which eliminated income and tuition caps on the scholarship program and allowed any K-12 student to access a voucher of about $8,000 annually for private tuition or other school costs.
Florida thus became the fourth state in the country with a universal program. The government assures that in the 2024-2025 cycle, some 1.4 million students used a school choice program.
