Opinion: Utah judge's ruling on school choice program overlooks key facts

Yahoo

29-04-2025

My parents had to pull my sister and me out of our private school in Utah after we were no longer able to afford it. Attending Intermountain Christian School (ICS) gave us a strong academic and faith-based foundation, and it was heartbreaking to leave a place that felt like home.
Eventually, my parents found the next best option for us — charter schools. We thrived in those schools, but had we had access to a school choice program such as the Utah Fits All Scholarship Program, we could have considered all our options — and possibly stayed at ICS.
Now, Third District Judge Laura Scott's recent ruling on the school choice program has delivered a devastating blow to nearly 10,000 students — mostly from low-income families — who want better educational opportunities.
She ruled that the Legislature cannot create schools and programs that are not 'open to all the children of Utah' or that are not 'free from sectarian control,' echoing the Utah Education Association's argument that it 'diverts' funding from public schools.
But the ruling misses the point — the program is open to all Utah families, and any family can apply.
It also doesn't defund public education, nor does it promote sectarian control — language rooted in the Blaine Amendment tied to Article X. And under Article XIII, which outlines the management of public funds in Utah, the Utah Fits All Scholarship Program operates as an education savings account (ESA), giving a portion of existing per-pupil funding to families instead of directly to private or religious schools. The remainder of the funds go back to students who remain in public schools.
In this case, Utah students receive $8,000 each, which is around 84% of the state per-pupil funding of $9,552. That means more money for fewer students who choose to remain in public schools. It's a win-win for every child, no matter which path their family chooses. After all, even choosing to attend a public school is a form of school choice.
While opponents often label all school choice programs as vouchers, that's not the case here — the Utah Fits All Scholarship Program doesn't send funds directly to private schools, but it gives families the flexibility to choose and customize their child's education, making it constitutionally sound.
In fact, many states with the Blaine Amendment, which limits public funding for private and religious schools, have these ESA programs.
Take Arizona, for example — in Niehaus v. Huppenthal (2013), the Arizona Court of Appeals upheld the state's ESA program, ruling that it did not violate the state's Blaine Amendment because the funds were directed to parents, not to private or religious schools directly. This followed a ruling by the Arizona Supreme Court that struck down two school voucher programs.
At its core, the Utah Fits All Scholarship Program honors the principle that parents — not the government — know what's best for their children.
Whether that means attending a public school, a private school, a microschool or homeschooling, families deserve the freedom to choose the environment where their child will thrive.
This program places those nearly 10,000 students in limbo, uncertain if they will be able to access the education they need.
When education funding follows the student rather than the system, families gain the power to seek the environment that best supports their child's needs. The Utah Fits All Scholarship Program embodies this principle, ensuring no family is left without options simply because of their income or ZIP code.
I've been a staunch supporter of school choice since high school, when National School Choice Week first launched in 2011. Today, I'm grateful to advocate for it as an education policy analyst and reporter, helping families nationwide find the learning environment that best fits their needs.
If Utah truly wants to put students first, it must defend the Utah Fits All Scholarship Program. It uplifts families, expands opportunities and reflects the diverse needs of our communities.
When a school doesn't meet a child's needs, families should have the freedom to direct their education dollars elsewhere. The immediate priority should be helping families whose scholarships are now on hold, so their children can continue to have an education that meets their needs.