Faasse v. Scott

Litigation: Challenging the Gardiner Scholarship Program, Florida’s first education savings account program enacted in 2014, on grounds that it was enacted under constitutionally improper legislative procedure and financially harms public schools. Opposed to educational choice program: The Florida Education Association. In support: The Goldwater Institute.

Outcomes: On December 30, 2014, the Circuit Court, Second Judicial Circuit, Leon County, Florida, dismissed, with prejudice, a case challenging the Gardiner Scholarship. The plaintiff, a high school social studies teacher in the Lee County Public Schools with support from the Florida Education Association, in July of 2014 alleged the law violated the state constitution’s “single subject matter” rule. There was no appeal.

Why it Matters: This case attempted to defeat Florida’s education savings account for children with special needs by alleging irregularities in legislative procedure when it was enacted. There was little support for this approach; the court denied standing to sue for failing to state a legally sufficient basis to show special injury.

Effects: Florida’s first education savings account began with 1,560 students and has now expanded to over 17,000 students.