HOUSTON -

A battle is brewing over early childhood education in Harris County.

On Monday, Harris Co. Judge Ed Emmett said that a proposed one-cent tax hike for funding preschools will not be on the November ballot.

The judge said the Early to Rise Campaign will not be on the ballot since it does not meet the requirements of the 1935 law.

And that has supporters already filing a lawsuit claiming their petition to get the issue on the ballot was done properly.

The superintendents of Houston, Aldine and Spring independent school districts recently expressed their support.  HISD Superintendent Dr. Terry Grier had said that funding early childhood education prepares kids to contribute to the future economy.

The plan would have raised millions of dollars for preschool.