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Friday
Dec112009

New Adequacy Suit in Florida

A new state constitutional challenge based on educational adequacy has been filed as Case No. 2009 CA 004534 in the Circuit Court for the 2nd Judicial Circuit, Leon County, Florida.  

The plaintiffs, a collection of advocacy groups, parents, and students, seek a judicial declaration that the education system in Florida fails to meet the constitutional command that "Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education," pursuant to "a paramount duty of the state to make adequate provision for the education of all children residing within its borders."   

The last time an adequacy challenge was brought in Florida, the Florida Supreme Court dismissed it on separation of powers grounds (see here), but that decision was rendered prior to a constitutional amendment strengthening the language surrounding the statement of the duty of the State.  It will be interesing to see where this goes. 

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