Maxwell: Plaintiffs in Florida's voucher school lawsuit highlight disturbing reality

Teachers and parents have filed a landmark lawsuit challenging the legality of Florida's billion-dollar school voucher system.

The argument at the heart of their suit is that Florida's constitution requires tax dollars be spent on "high-quality" education. Yet Florida's voucher system is a black-hole of accountability, sometimes paying for kids to go to "schools" that are total disasters - where teachers lack degrees, inflate grades and use curriculum that is rubbish.

I'm not convinced the teachers and parents will win this lawsuit. In fact, I doubt they will. Similar challenges have been unsuccessful. And Gov. Ron DeSantis has done a pretty thorough job of stacking the courts with political allies, especially at the appellate level.

But I know for a fact the teachers and parents have a point. In fact, It's inarguable. This newspaper has spent nearly a decade documenting voucher schools that failed children.

Often, the parents themselves were shocked and outraged to learn that schools were failing their kids and that there was little to no accountability.

The Sentinel's multi-year "Schools Without Rules" investigation into voucher (or "scholarship") schools found some schools employed teachers that lacked any teaching credentials or college degrees.

Some were such financial disasters, they shut down in the middle of the year, stranding families. (One in Orlando was evicted from a commercial complex where a neighboring tenant was "Drug Tests R Us.")

Some refused to serve children with disabilities, whether it was autism or reliance on a wheelchair. Even more refused to teach children who are gay or had gay parents. These were schools eager for the public money but unwilling to serve all the public. None of this was discreet. Some had written policies saying that they wouldn't serve children with Down's syndrome or who uttered the sentence: "I am gay."

Discrimination: Florida voucher schools can reject kids with disabilities | Commentary

Some schools taught junk science and bogus history, suggesting that dinosaurs and humans roamed the earth together and downplaying slavery and segregation.

And at some schools, parents were so appalled at what they found that they reported to the state things like "Cleaning lady substituting for teacher" and "I don't see any evidence of academics."

If you think any of that represents "high quality" education, you might also believe the mini tacos at 7-Eleven are five-star dining.

Many private schools that accept vouchers do stellar jobs and fill niche needs that public schools have historically struggled to meet. But too many taxpayer-funded schools are total trainwrecks. And the reason is that Florida has very few standards for voucher schools.

That is, in fact, the crux of the lawsuit, which lists about 20 different things that public schools are required to do by state law, but which all voucher schools are not.

Like providing certain levels of school safety staffing and having threat-management plans in place. Offering vetted curriculum and providing transportation. Hiring qualified teachers. And publicly posting test scores from state assessments that show whether students are actually learning anything. Public schools must do all of that.

The argument from choice-without-standards supporters is that parents should be able to choose any education they want for their kids without exception.

There are two problems with that argument.

One is that no other government-funded voucher program works that way - and for good reason. We don't let recipients of food vouchers use them on Twinkies and Mountain Dew. This is public money meant to provide nutritional sustenance. So there are guidelines. The same way there is for Medicaid and Medicare. You don't get to spent public money that’s meant to fulfill a public purpose on anything you like just because you invoke cries of "freedom" or "choice."

Maxwell: Food stamps have accountability. So should school vouchers

The other problem is that using this money to provide "high quality" education isn't optional. It's part of the Florida Constitution - a point the lawsuit addresses when it says: "… choice does not change the Constitution. When public funds are used to educate a child, that child is entitled to the same level of educational opportunities, the same quality standards, and the same basic protections."

You can certainly make the argument that some public schools have failed some students. Do you know how we know that? Because these schools were required by law to disclose their test scores, standards, hiring practices and curriculum.

In fact, newspapers in Florida were often the ones that exposed problems at public schools. And most anytime we did, public officials would spring to action and agree reform was needed.

Yet most every time we've exposed problems in taxpayer-funded voucher schools, state lawmakers leaders looked the other way.

The most pathetic part of all this is that it's easily fixable.

Florida could still offer "choice," but also demand that any schools that receive public money meet basic standards. Hire qualified teachers. Post the results of nationally-normed standardized test scores and graduation rates. And ban discrimination.

"To me, this is just common sense," said Stephanie Vanos, an Orange County School Board member who also happens to be an Orlando mom and joined the lawsuit as a plaintiff in that capacity. "I'm not saying they need the thousands of pages of rules that apply to us, but we need a common-sense set of rules that should apply to everybody."

Teachers union, parents sue Florida over vouchers, charter school funding

She is, of course, right. Schools that do good jobs shouldn't be afraid of accountability and transparency. Most aren’t.

In fact, ask yourself these basic questions:

Why shouldn't parents and students be guaranteed qualified teachers?

Why shouldn't taxpayers be able to see what kind of test scores are being produced at all the schools they’re funding?

And why shouldn't taxpayers be assured that the money they're spending is actually providing “quality” education, as the Constitution requires?

Better yet, ask those who defend the status quo.

Copyright 2026 Tribune Content Agency. All Rights Reserved.

This story was originally published June 5, 2026 at 11:15 AM.