Robinson v. Stewart

I fully concur in Judge Thomas’s opinion, which finds no constitutional violation under the theory that the complex teacher performance statute at issue, section 1012.34, Florida Statutes, on its face violates separation of powers principles. Art. II, § 3, Fla. Const. I write to supplement his opinion with the entire statutory text and to point out that the complexity of the *595legislative policy at issue makes the need for flexibility even more important.

The teachers’ claim is that the State Board of Education has “unbridled discretion” in implementing the statute due to its abject lack of…