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Orlando Sentinel
Staff and Wire Reports
11/13/04
Appeal judges dealt another blow Friday to Florida's original school voucher law, ruling that it violates the state constitution because it allows tax dollars to be spent on religious schools.
The decision by the full 1st District Court of Appeal is the third such ruling against the 1999 law, which allows students who attend poor public schools to attend private schools on state vouchers.
The decision clears the way for the Florida Supreme Court to review the issue as one of great public importance.
"This is a big win for the people of Florida who believe in separation of church and state," said Ron Meyer, a lead attorney for voucher opponents.
Gov. Jeb Bush, who made vouchers the centerpiece of his education program, was disappointed in the decision and "believes that we should honor the choice that these parents have made for their children," spokesman Jacob DiPietre said.
In its opinion, the court called the voucher law "a popular program with a worthy purpose" but said it violates the "religious freedom" provision of the Florida Constitution. That provision bars any state money going "directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution."
A three-judge panel of the court issued a similar ruling in August, but the state asked the full appellate court to review that decision. A trial judge had found the law was unconstitutional in August 2002.
The state has been allowed to issue vouchers during its appeal.
This school year, nearly 700 students in seven districts filed to attend private schools under the law, up about 100 students from last year. More than half will attend a religious school, according to the state.
These vouchers, also known as Opportunity Scholarshps, are available to students up through high school who attend schools that receive an "F" grade from the state two years in a four-year period.
Across Florida, 21 schools -- including four in the Orlando area -- received that second "F" grade this year, making their students eligible for transfer to other public schools or for vouchers to attend private schools.
Three of those are Orange County high schools: Evans, Jones and Oak Ridge. It was unclear Friday how many students chose to attend private schools this year, but few options exist at the high school level.
Most students who elected to change schools are thought to be attending other public high schools in Orange.
Under the law, voucher students can be taught about religion but cannot be forced to pray, worship or profess a religious belief.
The provision at the heart of Friday's decision was added to the Florida Constitution in 1885. Some historians and legal commentators have concluded the language stemmed from anti-Catholic bigotry in the late 19th century.
That point is disputed by other scholars, and there was no evidence that the language was added and then retained because of religious bigotry, the majority of the court found.
In their conclusion, the judges acknowledged "the salutary public policy" goals of the law, which was to help students in substandard schools get a better education.
"Nevertheless, courts do not have the authority to ignore the clear language of the Constitution, even for a popular program with a worthy purpose," Judge William Van Nortwick wrote for the court. "If Floridians wish to remove or lessen the restrictions of the no-aid provision, they can do so by constitutional amendment."
Since the Opportunity Scholarships were created, lawmakers also launched McKay scholarships for the disabled and a Corporate Tax Credit Scholarship program for low-income students.
The fate of these programs could hang on how the Supreme Court eventually rules in the current case.
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