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Florida City Using Zoning Laws To Stop School Choice Expansion

The City of Hollywood, Florida, is expected to pass an ordinance that would restrict where private schools can open.

Businesses will not be allowed to operate in industrial and manufacturing districts. They must establish themselves in standalone buildings on lots that are larger than one acre. Moreover, they cannot open within 1,000 feet of a bar or smoke shop, although smoke shops are permitted to open within 500 feet of a school. Additionally, businesses are prohibited from opening along major roadways.

During a public hearing, City Commissioner Kevin Biederman claimed that the regulation was necessary to protect the public education system.

“Allowing a school on every corner, you are not creating community, you are dividing community,” Biederman said. “You are separating the students from a community school and saying these students can go to this little school and these students can go to that little school. It’s really segregating our community and dividing our community.”

Biederman also went on to say that over the past decade, the public school system has been destroyed because of school vouchers and school choice and charter schools.


“It’s part of what they want to do. They want to destroy our public education system,” Biederman said.

The City of Hollywood isn’t alone, in November the City of Margate passed a zoning ordinance requiring high schools to be on a minimum lot size if 45 acres.

Daniel Aqua, a field director for the organization Teach Coalition, said nearly 90% of cities severely restrict where private schools are open; many are much more flexible with where public schools can open.

“Many cities do not allow private schools to open anywhere in the city without going through multiple public hearings that cost time and an incredible amount of money,” said Aqua. “They have zoned-out private schools,”

According to Aqua and those opposing the ordinance, the proposed regulations require potential school founders to either invest significant amounts of money to open schools, which ultimately leads to higher tuition costs, or abandon their dreams of establishing schools altogether. This situation limits educational options for families in Florida.

“This discrepancy between public and nonpublic school regulations undermines the state’s goal of providing diverse education outcomes for all Florida students. It indicates – at the local level at least – a degree of discrimination towards nonpublic school families,” he said.

Many in the school choice movement are looking to state lawmakers to assist with legislative and regulatory action to reduce the hurdles to opening new schools.

“This discrepancy between public and nonpublic school regulations undermines the state’s goal of providing diverse education outcomes for all Florida students,” Aqua said. “It indicates – at the local level at least – a degree of discrimination towards nonpublic school families.”

Many in the school choice movement are looking to state lawmakers to assist with legislative and regulatory action to reduce the hurdles to opening new schools.

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