Utah school choice program will keep running pending Supreme Court appeal
SALT LAKE CITY — A judge on Wednesday decided Utah's school voucher program will continue pending an expected appeal before the Utah Supreme Court.
During a hearing, 3rd District Judge Laura Scott said she would not put the 'Utah Fits All' scholarship program on hold after ruling last week that it was unconstitutional. She noted that since the state plans to quickly appeal her decision, she will not enter an injunction that would halt the program.
'That would mean things would just proceed as normal unless and until we have a decision by the Supreme Court,' Scott said.
The Legislature created the 'Utah Fits All' scholarship in 2023 through the passing of HB215, tying it to a $6,000 pay raise for educators. A similar proposal a year earlier had failed soundly without a raise attached to it. Under the program, K-12 students can receive up to $8,000 a year to pay private school expenses or cover homeschooling costs.
The Utah Education Association and other plaintiffs filed a lawsuit last year, arguing the program diverts income tax revenues away from public schools to pay for tuition and other expenses at 'exclusive, admissions-based private schools.'
Scott agreed, writing in her ruling last week that the publicly funded program must meet the requirements in the Utah Constitution, and that the Legislature does not have the authority 'to circumvent these constitutional requirements by simply declining to 'designate' the program as part of the public education system.'
After the hearing, Utah Parents United President Corinne Johnson said the decision to keep the program going gives parents reassurance as they look ahead to the next school year.
'We believe parents do have the right to educate their children, whether that's a homeschool, a micro-school, a private school, and that the Utah Fits All is the vehicle to do that,' Johnson said. 'We are sure that this will be overturned in an appeal, and now they have the stability to move forward.'
Renée Pinkney, president of the Utah Education Association, said the judge's decision affirms that the Legislature must 'follow the Utah Constitution and public money belongs in public schools,' adding she's confident the ruling that deemed the program unconstitutional will be upheld.
'In the meantime, the plaintiffs agreed to allow public funds already allocated under the program to remain in place until the Utah Supreme Court issues a final ruling. This approach prevents immediate disruption for private and homeschool students and ensures public school educators continue receiving the pay increase tied to the program,' Pinkney said in a statement.
'Every child in Utah, regardless of ZIP code or background, deserves access to a safe, inclusive neighborhood public school fully staffed with dedicated educators and equipped with the resources they need to thrive. We will continue standing up for students, enforcing the Constitution, and ensuring that public dollars stay in public schools where they belong,' Pinkney continued.
Meanwhile, with the program still running, applications for the 'Utah Fits All' scholarship for the upcoming school year are being accepted through Thursday.
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A US territory's colonial history emerges in state disputes over voting and citizenship
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Amid the storm of executive orders issued by Trump in the early days of his second term was one that sought to redefine birthright citizenship by barring it for children of parents who are in the U.S. unlawfully. Another would overhaul how federal elections are run, among other changes requiring voters to provide proof of citizenship. Courts so far have blocked both orders. The Constitution says that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' It also leaves the administration of elections to the states. The case in Whittier began with Pese's wife, Tupe Smith. After the couple moved to Whittier in 2018, Smith began volunteering at the Whittier Community School, where nearly half of the 55 students were American Samoan — many of them her nieces and nephews. She would help the kids with their English, tutor them in reading and cook them Samoan dishes. 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Civics in the time of MAGA: Junior high kids get right what we adults have gotten wrong
So, I'm sitting here on a Thursday afternoon, watching a bunch of junior-high-school kids answering questions about American government and constitutional rights. And the sad irony is they know more about it than at least 90% of the politicians and elected officials I cover on a daily basis. It's called the National Civics Bee. It's like a spelling bee, but with civics. And Thursday was the state finals, held at the downtown Wichita headquarters of the Kansas Leadership Center. What made this a lot more fun than the usual 'bee' format was it was set up to allow for audience participation. Attendees (in a separate group) could play along with the competitors and test their own knowledge. I talked with Chris Green of the Leadership Center and we both agreed it would be fun to invite some of our elected officials next year to see see how they stack up against the sixth-, seventh- and eighth graders in the contest. I wonder how many would accept the challenge. The questions ranged from fairly easy, like . . . Q: A new education reform bill was introduced in Congress and successfully passed through both the House of Representatives and the Senate. What is the next step before the bill can become law? A: The president must sign the bill into law or take no action for 10 days, after which it will automatically become law. . . . to the detailed and difficult, for example. . . Q: In Federalist number 39, how does Madison distinguish between a federal and national government, and what does this distinction suggest about the nature of the Constitution as a product of the convention? A: Madison claims that the Constitution is both federal and national, with the House of Representatives representing the national and the Senate representing the federal, suggesting that the constitution will balance power between the state and national. (I got that one wrong. I picked the answer with the House representing the federal and Senate national). In addition to the multiple choice, the five finalists had to read from and answer judges' questions on an essay they wrote on a current issue, ranging from saving rural hospitals to reforming state policy on driver's license revocation. When all was said and done, Tanya Ramesh of Wichita won the competition, a $1,000 giant check, and a ticket to Washington for the national finals. Madeline Stewart of Overland Park took second and $500, while Zane Hoff of Salina got third and $250. I thought the Civics Bee was one of the coolest events I've been to in a while, so I hesitate to even bring this up, but some of the questions probably need updating in this era of MAGA. For instance: Q: How did Afroyim versus Rusk in 1967 affect the government's power regarding citizenship revocation? A: It limited the government's ability to to revoke citizenship. Afroyim v. Rusk was a landmark case that ruled: 'Congress has no power under the Constitution to divest a person of his United States citizenship absent his voluntary renunciation thereof. ' The court's revised that stance since, to allow citizenship to be revoked (called denaturalization) if it was granted on false pretenses that would have prevented it in the first place, for example, terrorists or Nazi war criminals living under false identities. Now, denaturalization has become a key part of President Donald Trump's ongoing efforts to deport as many non-white immigrants as possible, whom he accuses (echoing a former world leader named Adolf) of 'poisoning the blood of our country.' During his first term, Trump created 'Operation Second Look,' a program to comb immigrant citizens' paperwork for misstatements or errors that would allow them to be denaturalized. This term, his top immigration advisor, Stephen Miller, has vowed to 'turbocharge' Operation Second Look, which could also lead to denaturalization and deportation of American-born children of immigrants, under Trump's executive order that purports to end birthright citizenship. Another Civics Bee question that caught my attention was this one: Q: Which statement best reflects the application of federalism in the Clean Air Act, considering the following quotation, 'the Clean Air Act represents a partnership between federal and state governments to improve air quality and to protect public health.' A: The federal government sets national standards, while states can implement stricter regulations based on local needs. That's the way it's supposed to work. But it brought to mind a recent press release I got from Kansas 1st District Rep. Tracey Mann, taking a victory lap over Congress rolling back California anti-pollution regulations. At the time, I remember thinking, 'What business is this of Tracey Mann's?' given that he represents a district that sprawls from Colorado to one county away from Missouri, where there are about four times as many cows as people and the largest city, Lawrence, would be a minor suburb of Los Angeles. What he knows of the pollution challenges facing California I'm guessing would fit on a microscope slide, but he couldn't care less as long as he can own some libs and send out a press release titled: 'Rep. Mann Reverses Biden Green New Deal Policies.' When I was growing up, we didn't have civics bees. We barely had any civics education. Truth be told, most of what we ever knew about the workings of government came from 'Schoolhouse Rock,' three-minute educational cartoons sandwiched between Jonny Quest and Scooby-Doo on Saturday mornings. Cue the music: 'I'm just a bill, yes I'm only a bill, and I'm sitting here on Capitol Hill.' I can't help thinking if we'd had civics bees back then, we wouldn't be in this mess we're in today. So it lifts my heart to see these earnest young kids competing over who knows the most about the people and ideals that built America. It gives me great hope that their future will be better than the present that my generation has handed them.
