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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Bush v. Holmes
Citation:
919 So. 2d 392 (Fla. 2006)Facts
The Florida Legislature enacted the Opportunity Scholarship Program in 1999, providing students attending public schools that failed to meet minimum state standards with two options: transfer to another satisfactory public school or receive public funds to pay tuition at a participating private school. The scholarship amount equaled the per-student allocation that would have gone to the student’s school district. Private schools participating in the program were not required to meet the same uniformity standards as public schools, including teacher certification requirements, curriculum standards based on Sunshine State Standards, or comprehensive subject matter requirements. Parents of Florida schoolchildren and various organizations filed complaints challenging the OSP’s constitutionality under multiple provisions of the Florida Constitution and the First Amendment. The trial court found the OSP facially unconstitutional, and after various appeals, the case reached the Florida Supreme Court.
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