Radical Initiative On Ballot

It's true: A proposal to reinstate public funding of private-school vouchers was approved last month for placement on the Nov. 4 ballot in Florida.

But there's more to the story than the headline and the voucher initiative - much, much more. The voucher and another proposal would, if approved by voters:

Eliminate a wise, time-honored clause in the Florida Constitution that prevents government revenue from being "taken from the public treasury … in aid of any church, sect or religious denomination or in aid of any sectarian institution."

Undermine the constitutional requirement that the state fulfill its "paramount duty" to provide all children residing in Florida with the opportunity to obtain a high-quality education in public schools.

These proposed changes to the state constitution are as radical as they are unwise.

They were approved and sent to the ballot by the Florida Taxation and Budget Reform Commission, which strayed far from its mission to "examine the state budgetary process, the revenue needs and expenditure processes of the state, the appropriateness of the tax structure of the state, and governmental productivity and efficiency."

One of the proposals, which would amend the constitution's "public education" article, was bundled with another provision - to require school districts to spend a certain percentage of their funds on "classroom instruction" - in a last-hour attempt to gain political support.

What will be on the ballot?REHASHING A SETTLED ARGUMENTThe Taxation and Budget Reform Commission, a 24-member panel appointed by state officials, was empowered to propose changes to the constitution and state law. The commission's mission - established by voters - was to examine budget, revenue and expenditure practices and policies in a thoughtful, big-picture way that governors and legislators find difficult to do under intense political pressures.

Yet two of the seven proposed amendments to the constitution seek to rehash an argument that was settled - correctly - by the Florida Supreme Court in 2006.

The amendments were orchestrated by allies of former Gov. Jeb Bush. Unfortunately, enough of the commissioners supported placing the measures - which clearly focus on constitutional principles, not taxation and budget - on the ballot.

In 1999, the Legislature, at Bush's urging, adopted a law calling for the state to fund vouchers, or "opportunity scholarships," which certain students could use to offset the costs of private school. Access to the vouchers was limited to a relatively small number of students who had attended "failing" public schools.

The concept had some merit. But the law clearly ignored the requirements in the "public education" section of the Florida Constitution, the state Supreme Court noted in 2006. The court ruled, 5-2, that "opportunity scholarships" were unconstitutional on that point alone.SIPHONING MONEY FROM PUBLIC SCHOOLSThe court didn't pursue the question of whether the vouchers ran afoul of the prohibition of the use of state funds to aid religious groups. But the answer is clear: Yes.

In response, the proposal that will be labeled as the commission's fifth amendment would change the "religious freedom" section in the state constitution. That section contains language similar to that in the First Amendment of the U.S. Constitution and explicitly prohibits the use of state taxpayers' funds to aid religious organizations.

The commission's fifth amendment would allow qualified students to obtain state funds to attend private, religious schools and strike the prohibition against using "the public treasury" to underwrite religious groups.

The other amendment, which will be the commission's seventh on the ballot, would, in essence, enable the state to fulfill its "paramount duty" to public education by allowing the state to siphon money to private schools. Go figure.

The constitution doesn't limit religious freedom. To the contrary, it helps protect it from government intrusion. The constitution doesn't prohibit private schools. It focuses, properly, on the state's obligation to offer and fund public education.

Florida's taxation policies and budget practices need change, its constitutional principles on religious freedom and public education don't.