The second challenge was based on religion. They were prepared to argue that extending the choice program to religious schools would violate the Establishment Clause. The Eastern District of Wisconsin Court in Milwaukee agreed with the state and said that expanding the program to have tuition funds paid directly from the state to the religious schools would violate the Establishment Clause. That case is on appeal right now in the 7th Circuit and oral arguments are scheduled. This year's budget bill is about 4,000 pages long and contains a lot of very controversial issues dealing with state government.
Many people are very concerned because the school choice expansion was included in the budget bill.
The amended statute now permits any qualified students in grades Kindergarten-12 who reside within the city of Milwaukee to attend, at no charge, any private school located in the city. This little amendment is the basis of our legal challenge. That wasn't all that the law did. The way the funding would go was changed. No longer are checks made out to private schools.