In a significant ruling, 3rd District Court Judge Laura Scott has declared the ‘Utah Fits All’ scholarship program unconstitutional, siding with the Utah Education Association (UEA) in their lawsuit against the $100 million initiative that critics deem a voucher scheme that diverts essential funds from public education.
The UEA, the state’s largest teachers union, contends that the income tax funding allocated to the program is constitutionally earmarked for public education and some social services. This legal battle stems from concerns that the scholarships, which can amount to $8,000 per student, were not transparently discussed in relation to Amendment G’s passage by the legislature, leaving voters uninformed about potential consequences.
Judge Scott emphasized that the court’s decision does not question the merits of ‘school choice’ or private school vouchers, but asserts that these specific aspects were never sufficiently debated during the legislative approval of Amendment G.
“In reaching this conclusion, the court makes no judgment as to the value of ‘school choice’ or private school vouchers. But ‘school choice’ or vouchers for children without disabilities was never discussed, much less debated, in connection with the legislature’s passage of Amendment G,” Judge Scott stated.
Following the ruling, the UEA expressed their triumph, characterizing the decision as a victory for public education.
They emphasized that public funds should primarily support public schools, which serve the majority of Utah’s children.
“This decision protects the integrity of public education, ensuring critical funding remains in schools that serve 90% of Utah’s children and prioritize equitable, inclusive opportunities for every student to succeed,” stated the UEA.
The union described the ruling as a form of accountability that reinforces the notion that public education is essential for all students, regardless of their backgrounds or circumstances.
In sharp contrast, the Libertas Institute, a strong proponent of the Utah Fits All program, criticized the ruling as an attack on parental rights and educational freedom.
Jon England, the education policy analyst for the organization, argued that the ruling undermines parents’ ability to choose suitable educational paths for their children, particularly benefiting low-income families.
“Utah Fits All gave families, especially those who are low-income, real options. Education funding should follow students, not systems,” said England.
Despite the judge’s decision, discussions on how to move forward continue, with a hearing scheduled for next week to establish the next steps in the ongoing litigation.
Utah’s political leaders have indicated their intention to appeal the ruling to the state Supreme Court.
House Speaker Mike Schultz lamented the court’s ruling, claiming it undermines the educational choices available to families, reaffirming their commitment to educating every Utah child regardless of their socioeconomic status.
“This decision is a devastating setback for Utah families. The Utah Fits All Scholarship isn’t just about choice; it’s about empowering parents to secure the best possible learning environments for their children’s future success,” Schultz stated.
Senate President J. Stuart Adams echoed similar sentiments, expressing disappointment over the ruling that restricts parental agency in choosing educational pathways.
Governor Spencer Cox also voiced his disappointment while reaffirming the commitment to parental educational choice.
“While we are disappointed in the court’s decision, our commitment to Utah families and their right to make choices about their children’s education remains unchanged. We will be reviewing the ruling with our attorneys and preparing to appeal,” Governor Cox stated.
In the context of the ongoing debate, Rep. Candice Pierucci, who sponsored the original legislation to create the Utah Fits All scholarship program, criticized the decision as an example of judicial activism.
Pierucci accused Judge Scott of infusing personal opinions into the ruling and vowed to continue the fight for educational choice for Utah families.
“We are not done fighting this fight and will appeal this decision to the Utah Supreme Court. I’m committed to fighting for this program and for Utah families; every child deserves the chance to learn in the environment that suits them best,” she expressed.
Moreover, Robyn Bagley, director of Utah Education Fits All, called the ruling a temporary setback but expressed confidence in the program’s future.
Bagley highlighted that many Utah students have already benefited significantly from the program and that the push for additional scholarships was still alive.
“Thousands of Utah students have already had transformative experiences on the program, and many families are eagerly awaiting the thousands of new scholarships that have just been funded by the Utah Legislature,” Bagley stated.
As the case moves toward an appeal, she hopes Judge Scott will allow the scholarship program to continue operating.
This would ensure that families relying on these scholarships are not disrupted during the legal process, preserving educational stability for students affected by the ongoing debates surrounding educational funding and school choice.
The conflict reflected in this ruling encapsulates a broader national conversation surrounding educational funding, parental choice, and the future of public education as states navigate the complexities of providing equitable educational opportunities for all students.
As the situation develops, both supporters and opponents of the Utah Fits All program will be watching closely, awaiting the next legal steps and potential ramifications for educational policy in Utah.
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