The state union representing public school teachers has plenty of options when it comes to post-session lawsuits.
There were a half-dozen bills passed this legislative session that impact public schools, from tying teacher pay to test results, to expansions of voucher programs and loosening of class-size restrictions.
At the top of the FEA’s list for potential lawsuits is the law that ties teacher pay to test scores.
Ron Meyer, the lead counsel and lobbyist for the Florida Education Association (FEA), said the teacher merit pay law violates a provision in the state constitution that guarantees the right to collectively bargain. Meyer said it prohibits school boards from considering things like advanced degrees when determining salary schedules or from using salary information when determining layoffs.
“It micro-manages what the salary schedule must look like,” Meyer said.
But the FEA won’t make a final decision until June, a month before the law goes into effect, Meyer said. Though the impact on bargaining rights “will be felt right away,” the FEA wants to be “deliberative” in pursuing legal challenges, Meyer said.
Other options on the table include suing over the overall funding given to schools.
The state constitution stipulates that is a “paramount duty of the state to make adequate provision for all children residing within its borders.”
Meyer said there is an argument to be made that lowering the state funds provided to schools violates that provision.
The union is also examining the various bills passed that expand voucher programs and loosening of the class size restrictions in the state constitution.
None of these measures have been signed into law by Gov. Rick Scott.
