Montgomery, Ala. The state is taking the first step to challenge a judge's ruling throwing out a Republican-backed law to allow tax credits for private schools.
State officials have filed a notice of appeal asking the Alabama Supreme Court to review the decision by Circuit Judge Gene Reese of Montgomery.
While the state wants the ruling delayed, the Alabama Education Association is asking the judge to go ahead and enforce the decision.
The law allows state tax credits for parents who move their children from failing public schools to private schools.
The state claims some parents may have to return their children to failing public schools unless the judge's decision is delayed.
State attorneys are asking the Supreme Court to take the case rather than sending it to a lower appeals court.
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