The case comes as Florida continues to expand school choice programs and as state leaders push new policies affecting public employee unions.
By Jesse Scheckner
Florida’s largest teachers union is suing the Florida Department of Education (FDOE), accusing officials within Gov. Ron DeSantis’ administration of failing to uphold their constitutional duty to give students a consistent, high-quality public education.
In a new complaint filed in the 2nd Judicial Circuit, the Florida Education Association (FEA) argues the state has created a system of “educational opportunities” all held to different standards, from traditional public schools to charter schools and voucher programs.
The result, lawyer Martin Powell wrote, is a “system that is inconsistent and unequal, and one that inevitably leads to a lower and uneven quality of education across the State.”
Cassie Edwards, Director of Communications for the Florida Department of Education, said the FEA “is once again wasting taxpayer dollars and members’ dues on a frivolous lawsuit.”
She pointed to a statement Education Commissioner Anastasios Kamoutsas made on X shortly after the lawsuit was filed in which he said, “Thanks to (Gov. DeSantis), every Florida family has access to universal school choice, empowering them to select the learning environment that best fits their child’s individual needs. We stand unapologetically convicted on the principle of always putting students first!”
The suit, filed Tuesday, names as defendants Kamoutsas, the State Board of Education, and its seven members, all appointed by DeSantis.
The FEA, its President, Andrew Spar, and seven parents of minor children are listed as plaintiffs.
They’re asking the court to strike down Florida’s current education funding system as unconstitutional and halt the flow of public money to private schools and voucher programs.
Article IX, Section 1 of the Florida Constitution provides, in part, that the state must make “adequate provisions” for a “uniform, efficient, safe, secure, and high quality system of free public schools.”
The FEA says the Department has failed that duty by diverting what the group describes as roughly $5 billion a year from public education to support charter schools and dedicating nearly a quarter of the state education budget to voucher programs.
Charter schools — which are considered public schools under Florida law — are “often managed by out-of-state, for-profit management companies who make a profit off every child and often lack consistent basic educational standards and transparency,” an FEA press note said.
The vouchers primarily “serve students who were already attending private school,” the group said. In its suit, the FEA claims 24% of state education funding goes to vouchers, representing about 524,000 students of whom 69% were already in private school before receiving public funds.
Meanwhile, the group continued, Florida ranks 41st nationwide in per-student funding and 50th in average teacher salaries, with more than 60% of education staff making less than $35,000 per year — well below the $63,853 living wage for a one-adult, one-child household, according to the Economic Policy Institute.
Florida’s 2026-27 spending plan is still unfinished. In December, DeSantis proposed spending $1.56 billion on teacher raises.
“We have spent years working with lawmakers to address the concerns of parents, educators and now, even the state auditor general regarding the inconsistencies in Florida’s non-uniform education system. But once again, lawmakers have let down Florida’s students and families, and we are left with no choice but to turn to the courts,” Spar said in a statement.
“With this lawsuit we are simply asking for accountability, transparency and a basic set of educational standards, which is what every parent wants — regardless of where they choose to send their children. Floridians have made it clear we should be strengthening not abandoning our public schools.”
The lawsuit lays out specific regulatory gaps between public schools, charter schools and voucher-fed private schools, including no requirements for the latter regarding school safety (guards, threat teams, panic alert systems), teacher certification, class size limits, special education services and transportation.
“Public schools must comply with a large and growing body of laws,” the complaint said.
“Meanwhile, charter schools are subject to far fewer requirements, and scholarship-supported private schools operate under a much smaller set of rules — roughly 20 pages of law. … This creates a system where some schools must meet extensive obligations while others receiving public funds are not held to the same standards. That is not a uniform system. It is a system that is inconsistent and unequal, and one that inevitably leads to a lower and uneven quality of education across the State.”
The lawsuit comes days after DeSantis signed legislation weakening public employee unions by requiring at least 50% of employees in a bargaining unit to vote in certification, recertification and decertification elections.
The FEA bashed the timing of the bill signing, which took place May 1, International Workers’ Day. DeSantis said the measure was “something people have been wanting to see for a long time.”
Kamoutsas went further, declaring that public unions “hate” democracy “because they want to force employees to join, coerce dues payments from them, and then provide them with no real option for reconsideration.”
In addition to seeking an injunction to stop Florida’s diversion of public education funds to institutions it says lack uniformity and safety requirements, the FEA is requesting that the state pay its legal costs if it wins.
The organization is otherwise not seeking damages.