Florida teachers union sues state, challenges vouchers and charters as unconstitutional

Florida’s largest teachers union sued the state on Teacher Appreciation Day, alleging Florida has failed its constitutional duty to provide a uniform, efficient, safe, secure and high‑quality system of free public schools — and asking a judge to strike down private school scholarships and charter school programs.

The Florida Education Association filed the suit on May 5 in Leon County Circuit Civil court against the Florida Department of Education. The complaint names Education Commissioner Anastasios “Stasi” Kamoutsas and each member of the Florida Board of Education as defendants.

In addition to the union, the plaintiffs include seven parents — three from Northeast Florida — and a Manatee County teacher. The plaintiffs are asking the court to declare the state’s private school scholarship and charter school programs unconstitutional and to end them.

The filing follows years of criticism from the union and public school advocates of policies that steer public funds to nontraditional schools, including the Family Empowerment Scholarship Program and the Schools of Hope initiative, which allows charter operators to move into unused space in public schools at no cost.

Citing data from the National Education Association that place Florida last in average teacher pay for the third consecutive year and pointing to a decrease in per‑student funding, the lawsuit argues that “public schools are being asked to do more with less.” It says traditional public schools must meet a growing set of requirements on safety, staffing, student services, facilities and finances, while publicly funded charter and private schools operate under far fewer rules.

“In 1998, these requirements filled about 687 pages of law. Today, they exceed 1,400 pages. 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,” the complaint by Tallahassee attorney Martin Powell states.

The filing came days after Gov. Ron DeSantis signed legislation that could eliminate teacher unions across the state, many of which are affiliated with the FEA. Union President Andrew Spar said the last straw prompting legal action was the 2026 legislative session.

“We saw bills that were going to address the massive teacher and staff shortage, address the pay and equity gaps that exist, address the funding inequities we have between public schools, charter schools and private schools; and lawmakers didn’t act on any of those,” he said.

Minutes after the lawsuit was filed, the union gathered at the old Capitol in Tallahassee with nearly 50 parents, teachers and community leaders to announce the case and urge lawmakers to increase investment in public schools. A request for comment was pending with the state education department.

This is not the first time the FEA has challenged the state in court. A high‑profile lawsuit over a 2020 pandemic reopening order ultimately failed. The latest case now moves to Leon County Circuit Civil court, extending a long‑running fight over how Florida funds and regulates public education.