The Florida Supreme Court on Monday refused to expedite the appeal over Florida's original voucher law.

Opponents to vouchers, who had challenged the constitutionality of the 1999 law, had asked the state's high court to try to resolve the case before the next school year.

The state has been allowed to issue vouchers since the first ruling, nearly five years ago, that the law was unconstitutional.

Last month, the First District Court of Appeal agreed with a trial judge who said the 1999 law violates the state constitution because it lets tax dollars be spent on religious schools.

That decision was the third against the law, which lets students attending public schools that earn failing grades two years out of four attend private schools on state vouchers.

The program is the centerpiece of Gov. Jeb Bush's education program and is the first and smallest of Florida's three school voucher laws.

This school year, about 700 students in seven districts filed to attend private schools under the law, up about 100 from last year.

More than half attend a religious school, according to state officials.

Under the law, voucher students can be taught about religion but cannot be made to pray, worship or profess any religious belief.

The state filed notice of its appeal last week. After legal briefs are filed by both sides and interested parties, the court will set oral arguments and, after oral arguments, will rule at its discretion.