The state asked the Colorado Supreme Court to revive one of the nation's first public school voucher programs Tuesday, insisting it won't cost children in public schools a good education.

A state judge shut down the program last December, agreeing with the state's largest teachers' union that it unfairly stripped school boards of their authority over local education.

Deputy Attorney General Renny Fagan, representing the Legislature and Gov. Bill Owens, said the state already tells school districts how to spend money on special programs and construction.

He said the Legislature also has the right to try to improve public education - in this case by giving children $4,500 vouchers to help defray private school tuition.

Chief Justice Mary Mullarkey, however, said vouchers could pose a serious problem if lawmakers expand the program statewide by leaving the state open to lawsuits from dissatisfied parents.

"Ultimately, it would have a very bad impact on the state. I think this is a very dangerous position, from that point of view," she told a packed courtroom.

John West, representing teachers and schools opposed to the vouchers, called vouchers a thinly veiled attempt to direct tax dollars to private schools motivated by ideology.

"The fact is, school districts are being directed to spend some of their funds to send students to private schools over which they have no control," West told the justices.

Colorado's pilot program would have required participation by 11 districts with eight or more schools that received low or unsatisfactory academic performance ratings. The program, which would have covered at least 125,000 eligible students, was to be enacted after the U.S. Supreme Court upheld a voucher program in Cleveland.

After the program was announced, 130 private schools rushed to apply for vouchers. Students were already signing up when the program was put on hold.

Mark Townsend, president of the Colorado PTA, said the state's first responsibility is to make sure all public schools have the resources to meet the educational needs of students in their districts.

"We cannot afford to divert tax dollars to unaccountable private and religious schools," Townsend said after the hearing. He noted Colorado voters have rejected plans for vouchers and tuition tax credits.

Fagan, however, said vouchers allow school districts to keep a portion of their state funding to cover administrative costs. He said districts would save money because they no longer would have to support children who go to private schools.

Before the hearing, about 100 school children were brought in to rally in support of vouchers in front of the Capitol, saying they deserve the chance to attend private schools.

Rafat Shadid, a third-grade teacher at Crescent View Academy in Aurora, said the state has a duty to provide a uniform education.

"We don't even have a gym in our school. We want vouchers, too," she said.