In a conference call with reporters, Graham said he would not personally sue to stop the changes, but said he knows of at least one group that will, and several others that are considering it. His remarks came on a day that the state Senate took another step toward approving a reorganization of higher education in Florida. The plan would eliminate the state Board of Regents that has traditionally overseen Florida's universities and set up local governing boards at each school that could hire and fire presidents, approve new degree programs and set tuition, within the Legislature's prescribed limits. Graham, who has been organizing a petition drive to save the regents, said the reorganization far exceeds the intent of voters who approved a constitutional amendment in 1998 creating a new state Board of Education. Graham said the new board was supposed to focus entirely on Florida's K-12 system.
Supporters insist the changes are constitutional.
They say the reorganization was sanctioned by the 1998 vote that eliminated the elected education commissioner and authorized the governor to appoint a new state education board. And Graham's litigation threat had little impact Wednesday in the state Capitol, where a bill mandating the reorganization was given preliminary approval by the Senate. But a legal challenge could have significant implications for the future, especially if it slows or halts the transition to a new education system. A judge, for example, could issue an injunction preventing the changes from going forward, said Joe Little, a University of Florida law professor and expert on Florida's Constitution. That could be a prescription for chaos.