Florida Amendment 6, Education of Children Amendment (1998)
The Florida Public Education of Children Amendment, also known as Amendment 6, was a commission referral in Florida which was approved on the ballot on November 3, 1998.
This amendment modified Article IX of the Florida Constitution to declare it "a paramount duty of the state" to provide for education of children. Amendment 6 was one of nine ballot measures placed on the 1998 Florida ballot by the Florida Constitution Revision Commission.[1]
Aftermath
Citizens for Strong Schools v. Board of Education
The Citizens for Strong Schools v. Board of Education lawsuit was filed on November 18, 2009, in the Leon County Circuit Court by Attorneys Jon Mills, Thom Rumberger, and Neil Chonin and Jodie Seigel of non-profit law firm Southern Legal Counsel. The lawsuit alleged that the state failed to "make adequate provision for a uniform, efficient, safe, secure, and high-quality system of free public schools that allows students to obtain a high-quality education" as mandated by Amendment 6 of 1998.[2][3][4]
On January 4, 2019, the Florida Supreme Court rejected the lawsuit. Chief Justice Charles Canady, Justice Alan Lawson and Associate Justice Edward LaRose said plaintiffs failed “to present any manageable standard by which to avoid judicial intrusion into the powers of the other branches of government.” Chief Justice Charles Canady said, "The judiciary is very good at making certain types of decisions — that is, judicial decisions— but it lacks the institutional competence — or the constitutional authority — to make the monumental funding and policy decisions that [the plaintiffs] seek to shift to the judicial branch."[4]
Lawsuit timeline
Following is a timeline of the lawsuit from its 2009 filing to the 2019 state supreme court ruling:[4][5][6]
- January 4, 2019: Florida Supreme Court rejected the lawsuit on the grounds that the judicial branch lacks the competence or authority to make funding and policy decisions[4]
- November 8, 2018: Florida Supreme Court agreed to hear the case after asked by attorneys for Citizens for Strong Schools
- March 2016: Trial held at the Leon County circuit court, where presiding judge George S. Reynolds, III dismissed the case, ruling that plaintiffs failed to prove that the state failed to meet their obligations mandated by Amendment 6 under Article IX
- September 11, 2012: The Florida Supreme Court declined to accept jurisdiction and sent the case back to the Leon County circuit court
- November 2011: The First District Court of Appeals panel of 15 judges voted 8 to 7 to deny the Writ of Prohibition and certify the suit as a “question of public importance,” which sent the case to the Florida Supreme Court
- June 30, 2011: Hearing took place after the state appealed the denied Motion to Dismiss by filing an Extraordinary Writ of Prohibition, arguing that the courts have no authority to rule on the actions of the legislature
- August 27, 2010: Circuit Judge Jackie Fulford denied the State of Florida’s Motion to Dismiss and ruled that the plaintiffs in the case had standing
- November 18, 2009: Lawsuit filed in Leon County circuit court
Election results
| Florida Amendment 6 (1998) | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 2,623,889 | 71% | ||
| No | 1,069,406 | 29% | ||
Election results via: Florida Division of Elections.
Text of measure
The language that appeared on the ballot was as follows:
| “ | Public Education Of Children.—Declares the education of children to be a fundamental value of the people of Florida; establishes adequate provision for education as a paramount duty of the state; expands constitutional mandate requiring the state to make adequate provision for a uniform system of free public schools by also requiring the state to make adequate provision for an efficient, safe, secure, and high quality system.[1][7] | ” |
Constitutional changes
The measure amended Article IX of the Florida Constitution. The following underlined text was added and struck-through text was deleted:[3]
SECTION 1. System of Public education.--The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. 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 and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.[7]
See also
- 1998 ballot measures
- Florida 1998 ballot measures
- List of Florida ballot measures
- Florida Constitution Revision Commission
- List of ballot measures by year
- List of ballot measures by state
External links
- Analysis of Amendment 6
- Details of measure from the Florida Secretary of State
- Florida ballot measure database
- Journals of the 1997-1998 Constitution Revision Commission
- November 3, 1998 constitutional amendment election results
Footnotes
- ↑ 1.0 1.1 Florida Secretary of State, Division of Elections, "Initiative Information"
- ↑ Miami Herald, "Florida Supreme Court rejects challenge to state’s system of public education," accessed January 8, 2019
- ↑ 3.0 3.1 Florida State University College of Law, "Florida CRC, ANALYSIS OF THE REVISIONS FOR THE NOVEMBER 1998 BALLOT," accessed January 8, 2019
- ↑ 4.0 4.1 4.2 4.3 Fund Education Now, "Our Lawsuit," accessed January 8, 2019
- ↑ Fund Education Now, "Our Lawsuit," accessed January 8, 2019
- ↑ My Sun Coast, "FL Supreme Court hearing case about quality of public schools," accessed January 8, 2019
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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