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Fla. Appellate Court Nixes Vouchers for Religious Schools

by Jim Brown and Jenni Parker
August 18, 2004
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(AgapePress) - Although a Florida appeals court has struck down a law that lets students from failing public schools attend private religious schools at taxpayers expense, the state's governor says the school choice battle is not over yet.

In 2002, the U.S. Supreme Court swept aside a major hurdle to voucher programs, ruling that such use of tax dollars does not violate separation of Church and State. A Florida judge, however, said the program violates the state constitution, which bans the use of tax dollars on religious schools. The appeals court voted 2-1 to uphold that decision.

Governor Jeb Bush says he is "disappointed, obviously" by the decision, but adds that the appeals to protect Florida's school voucher program will continue. He feels the ruling could put some of the state's successful education initiatives at stake, including the Bright Futures Scholarship Program.

That scholarship was created by the state legislature in 1997 to reward outstanding high school students with financial support for their postsecondary studies and career goals. The governor believes the ruling of the Florida appeals court may have a negative impact on that and other educational initiatives as well as on the students who need them most.

"If the logic that decision applies is upheld by the Supreme Court," Bush says, "it's possible that Bright Futures will have to be overhauled completely and that support for predominantly black universities and colleges in our state would have to stop, and many other things as well."

Florida Education Commissioner Jim Horne also feels the appellate court's ruling is unfortunate. "If you take this decision to the nth degree," he says, "that means that Bright Futures is invalidated or that Medicaid funding to some religious hospitals would be in jeopardy. I think when people logically stop and [consider, they will] realize that this is not a good decision."

Some 600 Florida students attended private schools using vouchers last year. According to the law, those students can be taught religion but cannot be forced to pray, worship, or profess a religious belief.

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