Then they realized what it would take to offer the program to thousands of additional 4-year-olds.

Private providers had to take part for it to work.

School district officials statewide say public classrooms couldn't handle at least 90,000 additional 4-year-olds expected to enroll for state- funded prekindergarten starting in August.

That's where private and particularly faith-based providers come in. Using them allows lawmakers to have the program up and running by August 2005 without spending millions constructing new buildings and finding providers.

The question is whether the state cooperating with churches and other religious groups to provide services will pose a legal quandary. Already, courts have ruled a state program allowing some students to attend religious schools on taxpayer dollars violates the state constitution.

Florida leaders are moving ahead.

``We have to rely on the full array of providers out there,'' said Education Commissioner John Winn.

Senate President Tom Lee, R-Brandon, said trying to go around private providers would have meant a ``holy war.''

``People have already built an industry around this kind of program,'' he said.

Larry Keough, education associate at the Florida Catholic Conference, bottom-lined it: ``The state needs faith-based more than the faith-based needs the state.''

What They Get

In 2002, voters approved a constitutional amendment requiring a universal prekindergarten program be available to 4-year-olds by 2005. Lawmakers say they're willing to earmark about $300 million to $425 million for the program.

House and Senate lawmakers on Wednesday unveiled draft legislation they authored jointly and plan to finalize the wording during this week's special session. It allows private and faith-based prekindergarten providers to participate as long as they meet a list of state outcome-based standards and accountability measures.

``They bring capacity,'' said Linda Alexionok, universal prekindergarten project director for the Children's Campaign

Some say that issue is overshadowed by religious and legal concerns.

First, there is the ongoing legal battle over whether the state's Opportunity Scholarship program violates the state Constitution.

The 1st District Court of Appeals in Tallahassee has ruled the program is unconstitutional because it uses taxpayer money to send students from failing public schools to religious schools. That violates the Florida Constitution's prohibition against taxpayers being forced to support sectarian institutions.

Gov. Jeb Bush and state education officials argue the ruling is flawed and could threaten other popular programs such as government-subsidized health care for the poor.

Bush has appealed the decision to the state Supreme Court. He threatened to take the case to the U.S. Supreme Court on the grounds it violates the U.S. Constitution's laws prohibiting discrimination based on race, religion or gender.

Clark Neily, an attorney for the Institute for Justice, says the Florida Supreme Court has consistently ruled state money can go to faith-based organizations as long as the purpose is legitimate and the organization would provide the service even without taxpayer dollars. The Institute for Justice is a Washington-based legal advocacy group that supports vouchers.

Awaiting Word

Still, some faith-based organizations are concerned they could accept the money for a prekindergarten program only to have it taken away on a voucher ruling.

``From our perspective, we'd rather not be in the program than be in it and then be forced out in one or two years,'' Keough said.

That's not likely, Neily says.

``If it's so clear that the Florida Constitution prohibits this kind of thing, how is it that the entire Florida Legislature missed it?'' Neily asked. ``The fact is the Florida Constitution doesn't prohibit it.''

Many public education advocates who oppose taxpayer dollars for Opportunity Scholarships haven't raised objections to including faith-based providers in the prekindergarten program.

With a Republican-led Legislature, lawmakers are not going to spend enough on the program for it to function without private providers, said Mark Pudlow, spokesman for the Florida Education Association.

Reporter Allison North Jones can be reached at (850) 222-8382