Posted on Tue, Aug. 17, 2004
EDUCATION
Voucher law struck down
Florida's appeals court declared the state's first school voucher law unconstitutional, sending it to the state Supreme Court for review.
BY MARY ELLEN KLAS
meklas@herald.com
TALLAHASSEE - A state appeals court dealt a blow to Florida's landmark voucher program Monday, striking down the 1999 law that allows students from failing schools to attend private schools using taxpayer money. In a 2-1 decision, the First District Court of Appeal ruled that the state's first and smallest voucher program violates the provision of the state Constitution that prohibits tax revenues from being used ''in aid'' of any religious institution.
Upholding a lower court ruling, the appeals court concluded that under the state's Opportunity Scholarship Program, ''there is no dispute that state funds are paid to sectarian schools.'' It immediately asked the Florida Supreme Court to review the case and usher in a final resolution to one of the most contentious issues of Gov. Jeb Bush's administration.
Until that review is complete, the 732 students estimated to be receiving vouchers under the state's Opportunity Scholarship Program this year will not be affected, state education officials said.
''The decision is a monumental win for taxpayers,'' said Ron Meyer, lead attorney for the teachers' unions and civil rights groups that challenged the law. ``We welcome the opportunity for Florida's highest court to put an end to this voucher scheme and halt the siphoning of taxpayer money from Florida's public schools to unaccountable voucher schools.''
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