TALLAHASSEE - Gov. Jeb Bush is preparing a backup plan to keep voucher students in private schools in the event the state Supreme Court finds his original voucher plan unconstitutional.
The idea would be to provide tax credits to corporations that give the students scholarships, which would eliminate the direct transfer of public money to the private schools, the majority of which are religious schools.
"We think this is an amazing program that provides choices to parents and students across the state," Bush spokeswoman Alia Faraj said Wednesday. "This is not intended to undermine any future decisions by the Florida Supreme Court. We are merely exploring the options available to us to ensure that students can continue their education."
There are about 700 students in the original voucher program, which allows children in schools that get failing grades more than once in a four-year period to attend a private school with state money. The other program, called McKay Scholarships, provides vouchers to nearly 16,000 disabled students.
The state also has a law that gives tax credits to corporations that provide private school scholarships to poor children. The bill Bush's office is preparing would apply the same idea to the two voucher programs.
The Supreme Court heard arguments in a case challenging the original voucher program in June. Opponents say the Florida Constitution requires the state to provide a quality education and that it can't pass on that responsibility to private schools. They also argue that the Constitution doesn't allow state money to be spent on religious schools.
In preparing a new proposal, the governor is simply trying to get around the Constitution, said Ron Meyer, a lawyer representing voucher opponents.
"None of this surprises me; it disappoints me. . . . Until the court rules, I think they're entirely premature," he said.
The proposal may be an indication, though, that Bush thinks he'll lose the case, Meyer said.