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TALLAHASSEE (CBSMiami/AP) — A legal challenge to the state’s private-school voucher program has been dismissed.

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Circuit Judge George Reynolds ruled Monday that the groups that filed the lawsuit do not have the legal right to challenge the program. Reynolds also ruled that the groups did not show how they were being harmed by the program that serves nearly 70,000 students from low-income families.

The FEA said in a statement it would consider whether to appeal the ruling.

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The lawsuit challenged whether the voucher program is constitutional. The program was created under then-Gov. Jeb Bush. It allows businesses to get credits on their state tax bills if they donate to an organization that hands out vouchers.

Starting in 2016, middle-income families may also qualify for the program.

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