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On October 3, 2000, the First District Court of Appeal for the State of Florida ruled that the A+ Program was consistent with Article IX, Section 1 of the Florida Constitution. That provision requires the State of Florida to maintain a uniform system of free public schools.
The appellate court ruling reversed a trial court decision holding that under the education provision of the state constitution, no state funds could be used for private schools. The appellate court concluded that Article IX, Section 1 did not prohibit the State from financing private education alternatives so long as it fulfills its commitment to maintain a public school system.
Shortly after that ruling, the same appellate court ordered the trial judge to disqualify himself from the case.
On August 5, 2002, the new trial judge, state Circuit Judge P. Kevin Davey, struck down Florida’s voucher law, saying that a different provision in the state constitution forbids the use of tax money to send children to religious schools. He also ordered the state to post a bond or escrow $2.5 million so that local school districts can be repaid money they lost to private schools if the Folirda Supreme Court ultimately declares the vouchers unconstitutional. Florida Gov. Jeb Bush on Aug. 6 appealed the ruling, a legal move that allowed the program to continue until a higher court decides the issue.
The appeal was heard in the First District Court of Appeals and was defeated on November 12, 2004. The court ruled that Florida's voucher law violates the state constitution by allowing tax dollars to be spent on religious schools.
On January 5, 2006, the A+ Opportunity Scholarship Program was declared unconstitutional by the Florida Supreme Court. As of yet, this ruling has had no impact on the McKay Scholarship program.
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