CLASS-SIZE RULES TO REMAIN ON BALLOT - AMENDMENT 8 SURVIVES LEGAL CHALLENGE FROM UNION
Sun Sentinel (Fort Lauderdale, FL) - Friday, October 8, 2010
Author: Leslie Postal Orlando Sentinel
Florida voters will get to decide in November whether they want to scale back the toughest requirements of the state's 2002 class-size rules, the Florida Supreme Court ruled Thursday.
The state teachers union filed a lawsuit to get the measure, called Amendment 8, removed from the November ballot, arguing it was misleading. The Florida EducationAssociation said the measure was an effort to reduce education funding and thwart voters' demands for smaller classes.
But the state's top court rejected the union's argument, saying the ballot measure fairly summed up its intent. The "right size" measure was put on the ballot by the Florida Legislature, whose leaders argue the final phase of the current class-size rules are too costly and too inflexible.
The measure would eliminate the current, hard caps on the number of students in "core" classes - language arts, math, social studies and science - and largely replace them with a class-size limit based on schoolwide averages.
The state likely would be required to spend less to reduce or maintain class sizes if the measure passes, but that should be obvious to voters, the court said.
"We note that a voter would be able to draw a common-sense conclusion from a review of the ballot summary that the amount of funding needed to sufficiently fund the revised class sizes will likely be reduced," justices concluded.
The ballot wording, the court added, "provides fair notice of what the amendment contains and does not mislead the voters as to the amendment's true effect."
The measure is a long shot to win the required 60 percent approval level, according to a Mason-Dixon poll last month.
Reaction
Read comments on the court's class-size ruling at SunSentinel.com/
The state teachers union filed a lawsuit to get the measure, called Amendment 8, removed from the November ballot, arguing it was misleading. The Florida EducationAssociation said the measure was an effort to reduce education funding and thwart voters' demands for smaller classes.
But the state's top court rejected the union's argument, saying the ballot measure fairly summed up its intent. The "right size" measure was put on the ballot by the Florida Legislature, whose leaders argue the final phase of the current class-size rules are too costly and too inflexible.
The measure would eliminate the current, hard caps on the number of students in "core" classes - language arts, math, social studies and science - and largely replace them with a class-size limit based on schoolwide averages.
The state likely would be required to spend less to reduce or maintain class sizes if the measure passes, but that should be obvious to voters, the court said.
"We note that a voter would be able to draw a common-sense conclusion from a review of the ballot summary that the amount of funding needed to sufficiently fund the revised class sizes will likely be reduced," justices concluded.
The ballot wording, the court added, "provides fair notice of what the amendment contains and does not mislead the voters as to the amendment's true effect."
The measure is a long shot to win the required 60 percent approval level, according to a Mason-Dixon poll last month.
Reaction
Read comments on the court's class-size ruling at SunSentinel.com/
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