Utah Fits All voucher program is ‘unconstitutional,' district court rules
Third District Judge Laura Scott during a hearing on Utah Education Association's lawsuit against the Utah Fits All Scholarship program, in Salt Lake City on Thursday, Dec. 19, 2024. (Pool photo by Trent Nelson/The Salt Lake Tribune)
Is Utah's 'school choice' program unconstitutional? A year after Utah's largest teacher union sued the state over that question, a 3rd District Court judge ruled that the program known as 'Utah Fits All' violates the state constitution.
The Utah Education Association had argued that the Utah Fits All program violated articles III and X of the Utah Constitution because it was a 'program within the public education system that is not free and is not 'open to all the children of Utah,'' and diverts constitutionally appropriated funds from already underfunded public schools.
The Utah Fits All program was established in 2023, providing up to $8,000 in scholarships per eligible student to cover private schools, or homeschool curriculums. In 2024, the Utah Legislature doubled the initial appropriation of $42.5 million in ongoing income tax revenue by adding an additional $40 million. And this year, that number grew $40 million more.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
The money was enough to pay for the vouchers of 10,000 students — about 80% of them are homeschooled. But, with a waitlist of 17,000 and other irregularities in the expenses reported by parents, the Legislature this year approved a series of reforms, reducing scholarship amounts of homeschooled students to $4,000 a year for students ages 5 to 11 and $6,000 for ages 12 to 18. Those attending private schools can still receive $8,000 a year.
Lawmakers also prohibited some expenses like ski passes, furniture and musical instruments, and established a cap of 20% per scholarship for extracurriculars and physical education, an unpopular move among Utah Fits All parents.
In the decision, the court explained why its interpretation of the constitution sided with the UEA, especially highlighting a past Utah Supreme Court ruling that decided that the Legislature's authority in establishing and maintaining the public education system is limited. 'The legislature, for instance, cannot establish schools and programs that are not open to all the children of Utah or free from sectarian control,' the court wrote then.
The UEA celebrated the decision, describing it as a significant victory for public education.
'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,' the union wrote in a statement. 'It reinforces the belief that public education is a cornerstone of opportunity for all, regardless of background or circumstance.'
Utah's largest teacher union files lawsuit against Utah Fits All school choice voucher program
However, Republican leaders in the state lamented the decision and said they intended to continue the legal fight. House Speaker Mike Schultz, R-Hooper, called the ruling 'a devastating setback for Utah families.'
'We're unwavering in our commitment to ensuring that every Utah student, irrespective of zip code or income, has equal access to the educational opportunities they rightfully deserve,' Schultz said in a statement. 'We will vigorously pursue every avenue, including the Utah Supreme Court, to overturn this decision and restore hope for Utah's students and families.'
Senate President Stuart Adams, R-Layton, and Gov. Spencer Cox expressed the same disappointment, with Cox adding in a social media post that the state 'will be reviewing the ruling with our attorneys and preparing to appeal.'
However, the strongest reaction came from Rep. Candice Pierucci, R-Herriman, who sponsored the legislation that created Utah Fits All. She called the decision 'judicial activism.'
'It is not the job of judiciary to set policy on the bench and infuse personal opinion and ideology into their decisions. We are not done fighting this fight and will appeal this decision to the Utah Supreme Court,' she wrote in a statement.
Here's why the court said the school choice program is unconstitutional:
'Utah's Education Article does more than simply articulate a policy or aspiration, leaving the legislature with plenary authority to determine how best to accomplish it. It is a direct command to the legislature to perform a single duty: establish and maintain 'the state's education systems,'' Judge Laura Scott wrote in the decision. That includes a public education system open to all children of the state and a higher education system 'free from sectarian control.'
The state had rejected that argument stating that the program 'is expressly not part of the public education system.'
However, the court said that the elementary and secondary schools funded through the program are not open to all, since all of them have some sort of application process with assessments, interviews or tests to determine if the student is 'fit.'
While private schools are prohibited from discriminating against students based on their race, color and national origin, 'they are not prohibited from discriminating against students based on gender, religion, socio-economic status, disability, sexual orientation or political affiliation.'
With reduced scholarship for homeschool students, Utah Fits All update poised to become law
Not only can schools deny admission because of these factors, the opinion reads, it also divides children into groups or classes — children attending public schools and children attending private schools — and 'provides additional benefits to private or homeschooled children that may not be available to children attending public school, such as funds for computers, test prep courses, private tutoring,' among others.
In 2020 Utahns voted to pass Amendment G, which changed the Utah Constitution to allow intangible property or income tax revenue to support systems of higher education 'and to support children and to support individuals with disabilities.'
While Utah GOP leaders said that the amendment allows them to run programs that are designed to support children, the UEA rejected that argument, stating that Amendment G was meant to allow using income tax to fund certain mental health and disability programs, which according to the court, is what the voters who approved the amendment understood with the language.
That interpretation of Amendment G could also be attributed to the legislative debates on it.
'No legislator ever mentioned 'school choice' or vouchers for children who do not have disabilities. No legislator ever suggested that Amendment G could be used to divert income tax revenue from public schools to private schools,' according to the opinion. The debates, instead, highlighted that the ballot question 'would address budgetary constraints by allowing income tax revenue to fund certain social services programs' and 'would strengthen public education funding.'
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
4 minutes ago
- Yahoo
Trump says he's 'disappointed' with Musk after former backer turned on the Republican tax bill
WASHINGTON (AP) — President Donald Trump said Thursday he's 'disappointed' with Elon Musk after his former backer and advisor lambasted the president's signature bill. Trump suggested the world's richest man misses being in the White House and has 'Trump derangement syndrome.' The Republican president reflected on his breakup with Musk in front of reporters in the Oval Office as Musk continued a storm of social media posts attacking Trump's 'Big Beautiful Bill' and warning it will increase the federal deficit. 'I'm very disappointed in Elon," Trump said. 'I've helped Elon a lot.' Musk has called Trump's big tax break bill a 'disgusting abomination.' The Associated Press Sign in to access your portfolio
Boston Globe
8 minutes ago
- Boston Globe
Trump says he's ‘disappointed' with Musk after he turned on the Republican tax bill
He also said Musk was upset that electric vehicle incentives were on the chopping block in Republican legislation that's currently being debated in the Senate. Musk runs Tesla, an electric automaker. Another point of contention was Musk's promotion of Jared Isaacman to run NASA. 'I didn't think it was appropriate,' Trump said, and he said Isaacman was 'totally a Democrat.'
Atlantic
12 minutes ago
- Atlantic
When Pete Hegseth's Pentagon Tenure Started Going Sideways
Things were going fine for Pete Hegseth, right up until a chance encounter with the world's richest man. His pursuit of Donald Trump's agenda at the Pentagon had made him a star among the president's advisers. The former Fox News host had moved swiftly to roll back diversity initiatives in the military and to expand U.S. troops' role in halting immigration at the southern border. His willingness to challenge Republican orthodoxy on foreign policy and punch back at critics was seen as an asset as Trump began his second term. But then, in mid-March, Hegseth bumped into Elon Musk in a White House hallway, and extended an ill-fated invitation to the tech titan for an exclusive military briefing. 'Up until then, DOD had been the golden child,' one person familiar with Hegseth's office told us. When Trump learned about the proposed briefing the night before it was scheduled to take place, he was displeased. Although Hegseth denied a New York Time s report that the March 21 meeting would focus on plans for potential war with Beijing, Trump told others that any presentation on China would be inappropriate for Musk, who has extensive business interests there, according to people familiar with the president's reaction. The very idea that top officers would brief the businessman in the Tank—the secure Pentagon conference room where the military brass assembles for visits by the commander in chief—added to an unwelcome perception that Musk wielded outsize government power. In a call hours after the Times story appeared, Trump made clear to Hegseth that the briefing was 'a bad look' for the administration, according to individuals with knowledge of the call. When Hegseth visited the White House the next day to debut the Air Force's newest fighter jet, Trump again conveyed his displeasure. 'This is crazy and stupid,' Trump said of the briefing, one of these people told us. 'Why would we even do this?' Jonathan Lemire: Why Trump is standing by Hegseth, for now Trump reserved most of his ire for Musk and did not express anger toward Hegseth personally, White House officials told us. Yet the Musk episode, and Trump's response to Hegseth, details of which have not been previously reported, represented a turning point for the new Pentagon chief, according to people familiar with his tenure who spoke with us on the condition of anonymity. Since then, a series of embarrassing revelations, including Hegseth's disclosure of military attack plans on the messaging app Signal, have fueled turmoil and suspicion at the Pentagon's highest levels. They have also intensified public scrutiny of Hegseth's judgment and deepened questions about his ability to deliver on the president's military priorities, including pushing back against China and demonstrating American strength, which the president believes was eroded by his predecessor. 'Things were heading in the right direction,' the person familiar with Hegseth's office added. 'But then the leaks and Signalgate just really fucked up Pete.' Hegseth oversees a workforce of more than 3 million, and a budget of close to $1 trillion, without a chief of staff. His shrunken circle of close aides lacks extensive Pentagon experience. Key military commanders are preparing to retire without replacements in sight. Sidelined aides have aired details of unseemly feuds at the department's senior levels, and a series of unflattering media reports have fueled what numerous officials describe as Hegseth's fixation on stopping leaks. White House officials say that Trump continues to support Hegseth—the defense chief's job is '100 percent safe,' one told us. This official also noted that in addition to having Trump's affection, Hegseth is personally liked by both Vice President J. D. Vance and White House Chief of Staff Susie Wiles. White House Deputy Press Secretary Anna Kelly told us that the entire administration remains 'fully behind Secretary Hegseth's mission to prioritize our warfighters, eliminate terrorists, and restore common sense at the DOD.' But scores of congressional Democrats have called on Hegseth to resign. One Republican, Representative Don Bacon of Nebraska, has suggested that he be fired. Musk's Pentagon visit originated from a conversation in Musk's sparsely furnished office that followed their impromptu meeting in a White House hallway, when Hegseth suggested that Musk come over to the Pentagon to talk with senior military leaders. The defense chief later authorized the meeting to be held in the Tank. Several people told us that Hegseth's invitation came at a moment when the Defense Department, like other agencies across the government, was facing the prospect of cuts by Musk's Department of Government Efficiency. While Hegseth has touted DOGE's steps to reduce the number of federal contractors and other personnel, DOD was not driving the process. The invitation represented a chance for Pentagon leaders to help steer DOGE's direction in cutting one of the world's largest bureaucracies. (A representative for Musk did not respond to multiple requests for comment.) Tom Nichols: Pete Hegseth's patriotic duty is to resign Just three days after Musk's Pentagon visit, Hegseth's judgment again came into question when Jeffrey Goldberg, the editor in chief of The Atlantic, revealed that he had been added to a high-level Signal chat about plans to bomb Houthi militants in Yemen. Although then–National Security Adviser Michael Waltz had inadvertently invited Goldberg to the thread, it was Hegseth who escalated the exchange by posting details of an imminent attack on Houthi targets, including the precise times when U.S. jets would be flying over their targets in Yemen. Current and former officials have said that such advance attack information would typically be highly classified because of the danger its disclosure could pose to pilots. A cascade of other revelations followed, including stories detailing the unusual role that Hegseth's wife, Jennifer, has played in his work at the Pentagon, where she has attended meetings with foreign officials and issued orders related to her husband's media appearances. News reports also revealed that Hegseth gave his younger brother a senior Pentagon role and authorized the installation of a makeup studio at a cost of thousands of dollars. Current and former officials told us that Hegseth has since threatened to polygraph numerous senior officials, including the acting chairman of the Joint Chiefs of Staff. He has also overturned decades of tradition in the military's relationship with the press, ousting media outlets from their long-standing Pentagon workspaces in favor of Trump-friendly voices and ending reporters' access to most of the building. When The Atlantic interviewed Trump in the Oval Office in late April, the president said he'd had 'a talk' with Hegseth about the various embarrassing reports, predicting, 'I think he's gonna get it together.' Yet the Musk and Signal episodes reveal what some individuals familiar with Hegseth's tenure described to us as his tendency to use his position heading the world's most advanced military as a 'flex.' He attempts to impress others with his access to sensitive information and his power to direct American forces, even if it means a little indiscretion along the way, they said. 'He's got this $180,000 Ferrari. That's the Pentagon for him,' another person familiar with Hegseth's office told us. 'And he likes to show it off.' Hegseth created further controversy after he elevated Ricky Buria, a Marine who'd been serving as a military aide when Hegseth took office, to a senior role and sought to name him as chief of staff. Buria often made demands of more senior officers, and his sudden promotion to a senior political position rubbed many in the rank-conscious military the wrong way. Trump personally blocked Buria from the chief-of-staff job because of his ties to Lloyd Austin, Joe Biden's Pentagon chief, White House officials told us. People familiar with Pentagon staffing told us that the White House had explored hiring at least four replacements for Joe Kasper, who had abruptly left the chief-of-staff job in April to take a new role in the department, but that none had worked out. The chief Pentagon spokesperson, Sean Parnell, said in a statement that personnel changes are a 'natural and necessary feature of any highly effective organization.' 'Americans outside the beltway don't care about 'palace intrigue' or sensationalized mainstream media gossip,' Parnell said. 'They care about action.' In response to suggestions from the White House, the Pentagon has in recent weeks begun to slowly expand its media engagement beyond MAGA-friendly outlets, taking reporters from several mainstream print-news organizations on Hegseth's travels to Latin America and Asia. Kingsley Wilson, Hegseth's Pentagon press secretary, told us that Hegseth's travels have involved bringing along journalists from 'a wide range of outlets.' Hegseth, however, has stuck to a rote playbook in responding to unfavorable news: attempt to discredit the media, then pivot to his efforts to rebuild the military and restore the 'warrior ethos' he says was lost under Democratic leaders. 'This is what the media does,' he told reporters during a family Easter event at the White House, children in party attire looking on from behind. He gestured at the journalists assembled before him, calling them 'hoaxsters.' 'They try to slash and burn people and ruin their reputations. It's not going to work with me.' Jason Dempsey: Hegseth has all the wrong enemies Trump has stood by his Pentagon chief, suggesting that he admires the combative approach Hegseth takes in attacking administration detractors. He is a 'tough cookie' who 'went through a lot,' the president said late last month. Trump also spent significant political capital pushing through Hegseth's nomination—Vance had to cast the tiebreaking vote after the Senate deadlocked on confirmation at 50–50—and is reluctant to abandon him now, especially because it might look like giving the media a scalp. That support will be tested next week, when Hegseth begins a series of hearings on Capitol Hill convened to address the administration's budget requests. Hegseth is sure to face difficult questions from Democrats, including on his handling of sensitive information, the upheaval in the Pentagon's upper ranks, and his firing of senior military officials. Those officers include the second-ever Black chairman of the Joint Chiefs and the first female Navy chief, both of whom Hegseth previously suggested were promoted because of their race and gender, respectively. Top Republicans, meanwhile, are unhappy with an administration spending proposal that they say doesn't include enough money for defense. Many at the Pentagon question how long the president's backing for their boss will last. During his first term, Trump cycled through four defense secretaries and four national security advisers. He also voiced support for Waltz until the former national security adviser was pushed aside last month and asked to take a less powerful role, at the United Nations. Although the president appears to appreciate Hegseth's pugnacious public style, he may require more from his defense secretary over time, as the administration faces pressure to deliver on a set of complex and interlocking goals, including fixing a byzantine military-procurement system, reviving a diminished defense industry, and strengthening America's response to China's military rise. Fighters endear themselves to Trump, one person told us, 'but you can't have a one-dimensional game. At a certain point, it's going to get old.'
