PHOENIX - The Court of Appeals won't stop the state from continuing to fund a controversial voucher program - at least not now.
In a brief order Tuesday, the judges rejected a request by opponents of what are called "empowerment scholarship accounts" to block continued payments while the legality of the program is litigated.
The judges gave no reason for their ruling, but said it is not necessarily indicative of how they will rule on whether the vouchers are constitutional. They didn't say when they will rule.
Tuesday's order came the same day the state House voted to further expand eligibility for the program to those in kindergarten. Currently, a student is eligible only if he or she had previously attended a public school. It also expands aid to students who previously attended charter schools.
The move follows implementation last month of more far-reaching expansion that potentially opens the program, which now serves just 302 students, to tens of thousands more.