SALT LAKE CITY, Utah — A Utah judge ruled that the state’s $100 million school voucher program, known as the “Utah Fits All” initiative, runs afoul of the Utah Constitution, a decision rendered on Friday. The court’s finding strikes a blow to the program which aims to provide families with funds for alternative educational expenses ranging from private schooling to homeschooling and extracurricular activities.
According to Third District Judge Laura Scott, the program, being publicly funded and intended for elementary and secondary education, must adhere to constitutional standards set for the state’s public education system. Scott pointed out that the voucher system is not “open to all children of the state,” a requirement stipulated in the constitution.
Following the ruling, Utah Governor Spencer Cox announced plans to appeal the decision, emphasizing the state’s dedication to offering families educational choices. The lawsuit that led to this judgment was initiated nearly a year ago by the Utah Education Association (UEA), the largest teachers’ union in the state, which argued that the use of state income tax dollars for the program was unconstitutional. These funds, according to state law, are reserved for public education, higher education, and disability services.
In her decision, Judge Scott referred to two specific articles of the state constitution. Article X obligates the legislature to maintain a public education system free from sectarian control. Meanwhile, Article XIII dictates the allocation of income tax funds specifically for public education and related services.
The UEA has welcomed the court’s decision as a seminal victory for public education. In their view, the ruling reaffirms that public funds should not be diverted from public schools and highlights the legislature’s overreach in establishing the voucher program.
The defendants in the lawsuit included notable state figures and organizations, such as then-Attorney General Sean Reyes and the Alliance for Choice in Education (ACE), which managed the program’s implementation and application process until the state terminated its contract.
Despite the setback, Governor Cox remains committed to the program, suggesting that his administration will review the ruling thoroughly with state attorneys to prepare for the appeal. Echoing this sentiment, Attorney General Derek Brown confirmed that the state is considering its next steps.
Rep. Candice Pierucci, who sponsored the bill establishing the Utah Fits All program and advocated for its amendments, criticized the ruling as an act of “judicial activism.” She underscored the constitutional assertion that parents hold primary responsibility for their children’s education, advocating for a system that supports public education while enabling school choice to better cater to individual students’ needs.
The initiative was initially funded with $42 million to cover an $8,000 scholarship for approximately 5,000 students beginning in the 2024-25 school year. Legislative enhancements later increased the funding, enabling the expansion of available scholarships. Despite being set to accommodate a diverse range of educational expenses, changes were meant to take place in the next academic year to introduce new spending limits for certain activities, alongside varying scholarship amounts based on the students’ age and schooling type.
As the program’s fate now hangs in balance with the ongoing legal challenge, further developments are expected as both sides prepare for the appellate process. The next status conference in the lawsuit, scheduled for Wednesday, could provide additional insights into how the program might proceed for the 2025-26 school year.
Applications for the scholarship recently opened once again, giving families until May 1 to apply through the Utah Fits All website, with awards to be granted within 30 days of the portal’s closure, complying with Utah law.
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