Florida judge lets voucher law continue

Christian Century, May 10, 2000

The Florida judge who ruled in March that the state's voucher program is unconstitutional is allowing the vouchers to continue until an appeal is considered. Circuit Judge L. Ralph Smith Jr. previously decided that the voucher law violates the state constitution because it provides state money that will be spent on private schools.

On April 25 he presided over a hearing in which opponents of the law sought a reinstatement of his order preventing its implementation in the next school year. That order was suspended when the state appealed Smith's previous ruling.

Attorneys for the state told the judge that the First District Court of Appeal could make a decision on the appeal by September, the time when public money would be put into the voucher account. The state's lawyers thought implementation did not need to be stopped in April. Smith encouraged the state's attorneys to file their briefs in the appeals court quickly so the appeal can be settled. "There are a lot of people that need to have this resolved expeditiously," he said.

Smith chose not to reinstate the order halting further implementation but added that he did so on the condition that attorneys use "all due diligence to expedite the review of this court's final judgment." Under the law, students at schools that are considered to be failing two years out of four are eligible for vouchers. Two elementary schools in Pensacola qualified this year, but the number of schools that would be eligible next year is uncertain until grades come out in June. --RNS