Florida judge rules against vouchers
TALLAHASSEE, Fla. (AP) – Just weeks before the start of the school year, a judge struck down Florida’s voucher law Monday, saying the state constitution forbids the use of tax money to send youngsters to religious schools. The decision could mean turmoil for the 50 or so students who are attending private school under the only statewide voucher program in the nation and might have to go back to public school.
In addition, nearly 340 other youngsters had hoped to use vouchers this school year.
Gov. Jeb Bush, who strongly backed the 1999 voucher law as one of the centerpiece accomplishments of his administration, said the state will appeal and try to prevent the ruling from taking effect this school year.
Just over a month ago, the U.S. Supreme Court swept aside a major hurdle to voucher programs, ruling that such uses of tax dollars do not violate the separation of church and state required by the U.S. Constitution.
But state Circuit Judge P. Kevin Davey based his ruling on the Florida Constitution, which he said is “clear and unambiguous” in prohibiting public money from going to churches or other “sectarian institutions.”
“While this court recognizes and empathizes with the … purpose of this legislation – to enhance the educational opportunity of children caught in the snare of substandard schools – such a purpose does not grant this court authority to abandon the clear mandate of the people as enunciated in the constitution,” Davey wrote.
He barred students from using vouchers to attend private school this year.
“We knew when a judge looked at it that he would side with us,” said Maureen Dinnen, president of the Florida Education Association, the state’s teachers union.
“Other voucher programs are under way in Cleveland and in Milwaukee.
The 1999 Florida law allows students at public schools that earn a failing grade two years out of four to get a voucher to attend private schools, including religious schools.
The parents of 338 children had notified the state they intended to use vouchers for the coming school year, which begins in mid- to late-August in many districts.
On June 27, the U.S. Supreme Court upheld an Ohio voucher law, ruling that state money could be spent on religious schools if parents can freely choose what private school they want their children to attend.
But the Florida Constitution says more explicitly that no state money can aid any church or religious institution.
And states are free to enact more far-reaching protections than the federal government.
Florida’s law was challenged by the teachers union, the Florida PTA, the Florida League of Women Voters and several families and educators.
After Monday’s ruling, the governor said the state is prepared to find private money to help children attend private schools.
Students at two Pensacola elementary schools were eligible for vouchers in the first three years of the program and approximately 50 students have opted to use vouchers at five private schools.
Nearly 9,000 students at 10 public schools around the state became eligible for the 2002-03 school year.