Florida voucher program is unconstitutional

8/24/04 -- A state appeals court ruled Aug. 16 that a Florida voucher program is unconstitutional because it uses tax money to send students to religious schools.

"Courts do not have the authority to ignore the clear language of the Constitution, even for a popular program with a worthy purpose," wrote Judge William Van Nortwick of the 1st District Court of Appeals.

The decision affirms a 2002 ruling by a trial court. The state plans an appeal to the state Supreme Court.

"The significance to other states is that the court specifically cited the recent U.S. Supreme Court decision in Locke v. Davey that says states do not have to subsidize religious instruction when they subsidize non-religious instruction," says Marcus Egan, director of NSBA's Voucher Strategy Center. "Anyone wondering what impact that decision was going to have on states considering vouchers now has a clear answer."

The voucher program, enacted in 1999, as the centerpiece of Gov. Jeb Bush's education agenda, allows students attending public schools that earned failing grades two years out of four to receive vouchers, worth about $4,240, to attend private schools, including religious schools.

The Florida teachers' union, PTA, NAACP, and other groups had filed suit to block the law.

Just over 730 students are using vouchers this year, about half of them at religious schools. The program will continue to operate while the legal challenge proceeds.

The ruling does not address Florida's two other K-12 voucher programs -- a program funded by corporate tax breaks and another that allows students with disabilities to use vouchers to attend private schools.

The ruling is just the latest strike against Florida voucher programs. In recent months, a state audit blasted the lack of accountability, and there have been criminal charges against voucher school operators.