McCall v. Scott

Litigation: Challenging “The Florida Tax Credit Scholarship Program,” enacted in 2001, for diverting public school funds to religiously affiliated private schools and creating a parallel and non-uniform system of education. Opposed to educational choice program: American Federation of Teachers, Americans United for Separation of Church and State, Florida Congress of Parents and Teachers, Florida Education Association, League of Women Voters of Florida, Florida State Conference of Branches of the NAACP, National Education Association, several public school parents and teachers, religious and community leaders. In support: Black Alliance or Educational Options, Intervenor parents.

Outcomes: The Florida Education Association (FEA) and other plaintiffs filed this lawsuit in August of 2014, alleging that the Florida Tax Credit Scholarship was really a voucher program (in 2006 vouchers ruled unconstitutional by the Florida Supreme Court). In May 2015, the Circuit Court of the Second Judicial Circuit in Leon County dismissed the FEA lawsuit, finding that plaintiffs had no legal standing to sue against this tax credit scholarship, not voucher, program. Plaintiffs appealed. Prior to the appeal, the Florida Association of School Administrators and Florida School Boards Association withdrew from the case. In August 2016, the First District Court of Appeals affirmed the Circuit Court ruling, holding that plaintiffs suffered no special injury from the tax-credit scholarship program and the state legislature did not exceed its authority under the constitution. In September of 2016, plaintiffs filed notice to invoke discretionary jurisdiction of the Florida Supreme Court, asking the court to accept their appeal, which was rejected.

Why it Matters: The court fully explained why challengers suffered no injury because of the tax credit scholarship program, and thus, had no standing to bring litigation against the program.

Effects: At the time of this ruling, just over 98,000 students were using Florida tax credit scholarships to access the school of their choice. This ruling affirmed that this program could continue.