Florida governor appeals ruling that tuition vouchers violate state constitution.

Byline: Daniel A. Grech

MIAMI _ Florida Gov. Jeb Bush on Tuesday appealed a Tallahassee judge's ruling that tuition vouchers violate Florida's constitution by using tax dollars to aid religious schools, a legal maneuver that allows the controversial program to continue until a higher court decides the issue.

While the litigation plays out _ which could take months _ the state's 659 new voucher students and their parents are left in limbo, unsure whether they will finish the year at a private or public school.

Bush, who made vouchers a key element of his education reform plan, took the fight for school choice to the First District Court of Appeal.

"If these parents have made this choice, I think that they ought to be allowed to go to the school of their option," Bush said before filing the appeal at 2:08 p.m. EDT.

"The message we want to relay to eligible parents participating in the program is simply this _ nothing has changed," Education Secretary Jim Horne said.

The coalition of parents, teachers and watchdog groups that sued over the 1999 voucher law will counter Wednesday by asking Leon County Circuit Judge P. Kevin Davey to reinstate his order to shut down the program immediately _ with the exception of 44 Escambia County students who have been using vouchers since 1999.