And now the attorney general has issued an opinion saying the amendment, which is not targeted by the referendum, could hold the voucher law intact since it is similar to the original bill.

But while some of the sections of the original bill are duplicated in the amendment bill, voucher critics say the language regarding definitions, purposes, enforcement and accountability measures of the law are left out, along with the $9.2 million appropriation — not enough to implement a voucher program.

Nevertheless, observers of the voucher debate are keeping a close eye on the state board, which could make the next crucial move.

Legislative attorneys said if HB148 is stayed by the pending referendum, the State Board of Education will then be charged with the decision of whether or not to treat HB174 as a separate voucher law or an amendment that has no power without the original bill.

"Or they could decide that they don't have the authority to make the decision at all," said Jean Hill, attorney at the State Office of Education.

Carol Lear, director of school law and legislation for the State Office of Education, said if the board does decide to go forward with HB174, then leaders would have to draft new rules of implementation — something they have been working on for the original bill for the past 2 months — and fill in the blanks, if that is even possible.

However, that decision could be challenged by anti-voucher groups.

But if the board decides that HB174 does not have enough language in the bill to establish a voucher program, then pro-voucher groups could file suit.

Burningham said that the board is currently seeking legal advice on what its move will be, and until then it can't speak about its decision.

Either way, it will most likely end up in court, he said.

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E-mail: terickson@desnews.com