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School vouchers ruled constitutional, Eiler not surprised

Opponents not giving up

Updated: Monday, 16 Jan 2012, 10:31 AM EST
Published : Friday, 13 Jan 2012, 10:14 PM EST

LAFAYETTE, Ind. (WLFI) - An Indianapolis judge upheld Friday the School Choice Scholarship program lawmakers passed last spring.

Lafayette School Corporation Superintendent Ed Eiler is one of the plaintiffs named in the lawsuit which states the program is an unconstitutional support of religion by public money.  Eiler found out through an e-mail about 5:30 p.m. Friday that Marion County Superior Court Judge Michael Keele rejected that argument.

Keele ruled the program doesn't directly fund parochial schools, instead it gives vouchers to parents who have the freedom to choose where to use them.  Keele had rejected in August a preliminary injunction of the program taking effect.

"I think this was an anticipated step," said Eiler.  "I don't think that we are at all discouraged about the status.  We know that it's going to be something that can only be determined by the (Indiana) Supreme Court and not particularly discouraged by the ruling today."

A spokesperson for the Indiana State Teachers Association said the ruling will be appealed.

In just the first year, Indiana's voucher program is already the largest in the nation with about 4,000 children enrolled.

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