Voucher plans tied up in courts

Christian Century, August 25, 1999

One day after Florida Republican Governor Jeb Bush signed a school voucher plan into law, opponents filed a lawsuit in an attempt to have it declared unconstitutional. Florida has become the nation's first state to allow students statewide to attend private secular or religious schools with the aid of tax dollars. The voucher plan, set to begin with the upcoming school year, is open to students whose public schools are deemed to be "failing."

Bush countered the June 22 lawsuit by saying he was assembling a legal team to defend the plan, part of a far-reaching educational reform program that was a cornerstone of his run for governor last year. The Florida plan allows students in schools that receive an "F" rating by the state to get up to $4,000 a year to help defray the cost of attending a private school, including a religious one. Two elementary schools in Pensacola were the first to qualify for the voucher plan, although others are expected to be added.

Opponents say the vouchers violate federal and Florida constitutional guarantees of church-state separation by allowing tax dollars to go to religious schools. "Taxpayers should never be forced to pay for religious instruction," said Sidney Goetz, president of the Tampa Bay chapter of Americans United for Separation of Church and State. Opponents also say the program will harm Florida's public schools, which already rank near the bottom in standardized test scores, by siphoning off much-needed funds.

Courts in other states with more limited voucher plans have sent mixed messages on the constitutionality of such programs. The American Center for Law and Justice, established by religious broadcaster Pat Robertson, plans to appeal to the U.S. Supreme Court a Maine appeals court decision barring the use of vouchers.-RNS