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The $211,034 payment due at the end of November was thrown into question that month when a state appeals court declared the choice program unconstitutional on a technicality. (See Education Week, Nov. 21, .) However, the ruling does not become final until the middle of this month, a fact that left state administrators temporarily confused about the immediate fate of the program and its funding.

The ruling is expected to be appealed.

Warren Weinstein, an assistant state attorney general, said the payment of roughly $2,400 per student would be made on time to the seven participating schools for their 345 choice students.

The controversial choice program uses state money to send low-income students to nonsectarian private schools.

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