COURT RULING PROVIDES
HOPE AND OPPORTUNITY FOR CHILDREN

Tallahassee, FL -- (October 4, 2000) ---  An appellate court ruling declaring the Opportunity Scholarship Program as constitutional is a great victory for children who are attending the schools of their parents' choice, said Larry Keough, Associate for Education of the Florida Catholic Conference.

   "We applaud the ruling by the First District Court of Aplpeal because it upholds the right of parents to choose educational opportunities for their children who were trapped in lower performing public schools," Keough said.  "The ruling not only sends a strong-clear message that public funds can be used in nonpublic schools, but provides hope and opportunity for every Florida child to receive a high quality education."

   The  3-0 decision by the district reverses Leon Circuit Judge Ralph "Bubba" Smith's ruling in March that the Opportunity Scholarship Program violated the Florida Constitution under Article IX, Section I, which stated adequate provision shall be made for a high quality system of free public schools.

   But the three appellate judges --- Charles Kahn Jr., Peter Webster and William Van Nortwick Jr. --- stated in the 20 page opinion that the Opportunity Scholarship statute does not deprive students of "a right to a free education and requires participating private schools to accept as full tuition and fees the amount provided by the state for each student."

   "Nothing in Article IX, Section I, clearly prohibits the Legislature from allowing the well-delineated use of public funds for private school education, particularly in circumstances where the Legislature finds such use is necessary," according to the ruling.

   Keough Said the district court's ruling should allow the children on Opportunity Scholarships in Pensacola to remain in the schools of their parents choice through the 2000/2001 school year, regardless of whether the case is appealed to the Florida Supreme Court or sent back to the trial court.

The Florida Catholic Conference is an agency of the Catholic Bishops, established in 1969. It speaks for the Church in matters of public policy, serves as liaison to government and the legislature, and coordinates communications and activities between the church and secular agencies.  The Bishops of the seven dioceses of Florida constitute its Board of Directors.