A federal judge denied a request Friday from state officials to pause a legal challenge to Florida’s performance-pay law for teachers. But U.S. District Judge Mark Walker did give lawyers for Education Commissioner Tony Bennett and the State Board of Education more time to respond to the lawsuit, which has been spearheaded by the Florida Education Association.
The state had argued that the legal challenge could be affected by whether Gov. Rick Scott decides to sign a bill (SB 1664) that would address some of the complaints from the teachers who filed the lawsuit contending the 2011 performance-pay law violates constitutional rights. Relying on statements that lawmakers would likely send Scott the bill in time for him to sign it before the July 1 effective date, Walker gave the state until July 8 to respond to the lawsuit.
“Given the fact that defendants are well aware of the issues and the potential changes that could occur, this deadline gives defendants ample time to fashion a meaningful response assuming the Legislature and Governor follow the custom as represented,” Walker wrote. “If the bill is not acted upon by that date, defendants are likewise positioned to file a meaningful response.”
