TALLAHASSEE, Fla. – The Florida Education Association’s attempt to kill a scholarship program for students with disabilities was thrown out of court this week for a second time.

In the lawsuit, the FEA – the statewide teachers union – sued the Florida legislature over a new law that expanded the state’s scholarship tax credit program and established Personal Learning Scholarship Accounts for students with special needs. The Personal Learning Scholarship Accounts set aside a portion of students’ state funding for things like tutoring, distance learning, private school tuition and educational therapies, and the program has garnered more than 1,200 participants in the first year, according to Goldwater Institute, a nonprofit that intervened in the case on the state’s behalf.

“The Florida Education Association filed the lawsuit, claiming the law creating the accounts violates Florida’s ‘single-subject rule’ because it included several education reforms in a single legislative bill,” according to a Goldwater press release.

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The FEA was joined by East Lee County High School teacher Tom Faasse, who told the News-Press he opposed the law because it diverts public education money.

“It allows students with special needs to take these scholarships, which is basically public education money that is now going to private schools,” he said.

The lawsuit was originally dismissed in September when Leon County Chief Circuit Judge Charles Francis ruled Faasse and the FEA couldn’t prove the new law harmed them.

“To bolster their case, Faasse enlisted the help of a family in Miami-Dade County who claimed that their children had been hurt by funding leaving the school district,” the News-Press reports, but Francis again dismissed the case Tuesday for the same reason.

“We think he’s wrong, and we’re going to analyze it,” FEA attorney Ron Meyer told the Associated Press.

The only legal recourse remaining would be an appeal to the Florida Supreme Court, though neither the FEA nor Faasse have decided whether or not to pursue the case further, the teacher told the News-Press.

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Goldwater’s vice president of litigation Clint Bolick said it’s time for the FEA to drop the lawsuit for good.

“We hope this special-interest group will give these kids a break and stop trying to take opportunities away from them,” he said.

The Goldwater release also explained why the legislation was necessary in the first place.

“Many of the students using the program have severe special needs, including Brandon Berman. Brandon has autism and suffers from congenital muscular dystrophy and spastic paraplegia. Because of these physical challenges, Brandon is unable to attend school,” the statement reads.

“Even so, by law the public school system is required to provide Brandon with an appropriate education. But his local school district is only able to offer four hours of instruction a week through homebound services.”

“Personal Learning Scholarship Accounts give parents with severely challenged children the chance to ensure they are prepared for life,” Bolick said.

The FEA is also embroiled in another lawsuit challenging the constitutionality of the state’s wildly successful tax credit scholarship program created in 2001. That program currently helps nearly 70,000 students attend better schools, many of them religious schools.

“Daniel Woodring, an attorney representing families who receive the vouchers, contended that Tuesday’s ruling could bolster an effort to dismiss the second lawsuit,” the AP reported.

“This ruling supports the argument that the union also has no standing to challenge the tax credit scholarship program,” Woodring said.