Published: Jul 23, 2010 8:46 PM EDT
Updated: Jul 23, 2010 5:46 PM EDT

TALLAHASSEE, Fla. (AP) - The Florida Education Association, the statewide union, has filed a lawsuit challenging the legality of a proposed amendment on school class sizes.  The lawsuit was filed Friday against the Florida Department of State.

The complaint contends the amendment cannot be lawfully submitted to voters because the ballot summary is misleading.

The bill would set higher limits on the number of students allowed in each class, allowing for up to 21 students in kindergarten through third grade; 27 in grades four through eight and 30 in high school.

It would cap those limits at the current schoolwide average.  Rep. Will Weatherford, who sponsored the House bill, said the ballot description is straightforward and that the proposal's intent is to provide schools more flexibility.