Published: Jul 20, 2010 1:48 AM EDT
Updated: Jul 19, 2010 10:48 PM EDT

TALLAHASSEE, Fla. - Some Florida school boards are planning a lawsuit to challenge penalties that could reach $351 million statewide if they fail to meet class size limits this fall.

Wayne Blanton, executive director of the Florida School Boards Association, on Monday said he expected the case to be filed in Tallahassee by early September.

The boards say the penalties would violate a constitutional requirement for a uniform school system because fine money would be given to other districts that are in compliance. Most, though, are expected to violate a constitutional amendment adopted in 2002.

Blanton said the issue would disappear if voters in November pass another amendment to loosen the limits.