Tulsa Judge Rules School Voucher Law Violates Oklahoma Constitution

A Tulsa County District Judge ruled a state law for school voucher is unconstitutional. Judge Rebecca Nightingale says this was not an easy decision, and she wrestled with the judgement.

But she ultimately decided that the law violates Oklahoma's constitution.

Oklahoma school districts won round one in a fight against a controversial state law.

A 2010 state law, the Lindsey Nichole Henry Scholarship For Students With Disabilities Program Act or HB 3393, requires Oklahoma public schools provide funding for parents to send their special needs children to private schools.

Jenks and Union school districts chose not to comply with the law. The two school districts say it's unconstitutional to shift public funds to private institutions.

So they sued the parents of disabled children to prevent them from getting the scholarships.

"The state is taking money away from cash strapped public schools right now and diverting it to these private schools," said Jerry Richardson, plaintiff's lawyer.

"We believe it violates the constitution, and that's what the court ruled today"

Union Public Schools Superintendent Cathy Bruden says they are not scholarships, but vouchers.

"We have said all along," Bruden said. "Public money is to stay with public education. It is not to interfere with religious education."

9/6/2011 Related Story: Green Country Schools Sue Parents Over Special Needs Voucher Law

But attorneys for the families say the money is allocated per student and follows the students wherever they go to school.

"My clients are very disappointed in the outcome of the case," said Eric Baxter, lawyer for the defense. "They've worked with the school districts for a long time and found there were just inadequate resources."

Baxter says the children were bullied and didn't get the educational attention they needed. So the parents looked elsewhere.

"The state program is neutral. Any school can participate whether it's religious or non religious," Baxter said.

One Oklahoma lawmaker who supports the law called today's ruling 'baffling' and says it could impact other state programs.

Oklahoma City representative Jason Nelson says the judge's ruling makes it possible for medicaid patients to be sued if treated at a Catholic hospital.

The parents' attorney says they plan to appeal the decision.