Tallahassee, Fla. — Another state court has dealt a setback to school choice of Florida in a 2–1 decision, a three-judge panel of the First District Court of Appeals ruled the voucher plan violates the state constitution’s prohibition on aid to religion because it “uses state revenues to aid sectarian schools.”
The Florida ruling followed by less than two months a defeat for school-choice advocates in Colorado. In late June, the Colorado Supreme Court struck down the state’s voucher program.
The state high court voted 4–3 to halt the plan, finding it violated the Colorado constitution’s requirement it must be under local control since it was funded partly with local funds. In both states, the programs allowed students in low-performing public schools to use vouchers to attend private schools, including religious ones.
Despite the ruling, the Florida program, which was promoted by Bush, will remain in operation during the appeals process.
The lower court’s 2002 decision was stayed when it was appealed. Of 2.5 million Florida students in kindergarten through 12th grade, only 732 have “opportunity scholarships,” the Tallahassee Democrat reported.
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