Full appeals court to revisit vouchers' constitutionality
By Associated Press
Published September 18, 2004
TALLAHASSEE - The 1st District Court of Appeal will take a second look at the constitutionality of Florida's original voucher law.
A three-judge panel ruled last month that the 1999 law was unconstitutional. The full court agreed Friday to review that 2-1 decision.
Under the law, the centerpiece of Gov. Jeb Bush's education policies, students in public schools that get failing grades two years out of four are eligible for vouchers to help them attend private schools, religious or otherwise.
In 2002, a trial judge said the law violates a provision of the state Constitution that bans the use of tax dollars on religious schools. The three-judge panel of the 1st DCA heard oral arguments in the state's appeal in March 2003.
The state has been allowed to issue vouchers during the appeal.
Under the program, the first and smallest of three Florida school voucher laws, 732 students filed to attend private schools this year, up about 100 from last year. More than half, 385, will attend religious schools, the state says.