Florida families win key victory in teachers union lawsuit to shut down education choice in the Sunshine State

Next Steps | By: Lisa Buie | September 24, 2026

Families whose children benefit from Florida’s education choice scholarships and charter schools have won an early victory in the legal battle with the state’s largest teachers union.

In May, the Florida Education Association sued the Florida Department of Education, arguing that the state’s education choice programs violate the state constitution’s requirement for a “uniform” system of public education. The DOE responded with a counterclaim asking the court to declare the scholarship programs and charter school laws constitutional.

On Wednesday in Tallahassee, attorneys representing families who would be harmed if the lawsuit succeeds were granted permission to be intervenors in the case along with the DOE. In addition, Circuit Judge Jonathan Sjostrom also approved the families’ request for full-party status. This gives them the same rights of argument and appeal as the original parties.

Though the plaintiffs agreed with the families’ request to intervene, they opposed them being granted full-party status, arguing that the issue was the constitutionality of the programs, not whether parents have the right to direct their children’s education, which they could still do at their own expense.

“It doesn’t rise to the level that requires full-party status.” said Martin Powell, attorney for the plaintiffs, calling the families’ position as being “in lockstep” with the state.

Daniel Woodring, who represents a group of eight families using education choice scholarship or attending charter schools, argued that the full-party status was needed “out of an abundance of caution” to protect the interests of about 800,000 Florida students who benefit from scholarships or attend charter schools.

“Elections happen; parties can shift; positions can change,” he said.

At the end of the 15-minute hearing, Sjostrom sided with the families, calling it an “issue of fundamental fairness.”

He said the questions raised were “monumental” and of “crucial importance” to families. “There’s enough of a direct effect on them that it’s enough for them to get full-party status,” he said.

Attorneys for both groups of families praised the decision as a win for families.

“The Department of Education could have a different commissioner; we could have a different governor. This isolates the parents and recognizes that the parents’ interest in their kids’ education is important, more important than the state’s interest in this,” Woodring said. “They are the ones truly impacted by the way this case is decided.”

Attorney Bryan Cleveland of EdChoice Legal Advocates, representing a group of four scholarship families, said the judge properly recognized families as key stakeholders.

“Parents have a direct stake in the outcome of this lawsuit, and they deserve a full voice in defending the program and their parental rights,” he said. “We look forward to representing them and defending the program in this litigation.”

A written order is expected soon.

The hearing was the first since the Florida Education Association, along with its president, Andrew Spar and others, filed its most recent lawsuit against the state over K-12 education choice programs, which have spanned three decades. The state passed its first charter school law in 1996.